1. (1) Offer Submission: Offeror must submit offers in response to a procurement in the format specified by the solicitation document. All bids and proposals are firm offers and are irrevocable, valid, and binding on the offeror for not less than sixty days following closing unless otherwise specified in the solicitation document.

2. (2) Receipt: The Offeror is responsible for ensuring that the department receives its offer at the required delivery point prior to the closing, regardless of the method used to submit or transmit the offer.

   1. (a) The department is not responsible for offers submitted in any manner, format or to any delivery point other than as required in the solicitation document.
   2. (b) The department shall not open digital offers or any modification upon receipt, but shall maintain it as confidential until closing.

3. (3) Opening:

   1. (a) The department does not publicly open offers on small, sole source, or intermediate procurements.
   2. (b) Opening and Recording. The department shall publicly open offers on formal procurements including any modifications made to the offer in the location and manner described in the solicitation document. In the case of invitations to bid, to the extent practicable, the department shall read aloud the name of each bidder, the bid price(s), and such other information as the department considers appropriate
   3. (c) Availability. After opening, the department shall make Bids available for public inspection. The department may withhold from disclosure those portions of an offer that the offeror designates as trade secrets or as confidential proprietary data in accordance with applicable law. See ORS 192.345(2); 646.461 to 646.475. To the extent the department determines such designation is not in accordance with applicable law, the department shall make those portions available for public inspection. The offeror shall separate information designated as confidential from other nonconfidential information at the time of submitting its offer. Prices, makes, model or catalog numbers of items offered, scheduled delivery dates, and terms of payment are not confidential, and shall be publicly available regardless of an offeror's designation to the contrary.

Statutory/Other Authority

ORS 279.025(3)(k)

Statutes/Other Implemented

ORS 279.025(3)(k)

History

PRD 2-2026, temporary adopt filed 04/23/2026, effective 04/24/2026 through 10/19/2026