1. (1) General. The department may utilize electronic advertisement of contracts, provided that advertisement of such contracts with an estimated contract price in excess of $500,000 are posted in accordance with public notice of solicitation documents (OAR 736-149-0210). Notices of intent to award may be posted electronically.

2. (2) Electronic Procurement Authorized.

   1. (a) The department may conduct all phases of a procurement, including without limitation the posting of electronic advertisements and the receipt of electronic offers, by electronic methods if and to the extent the department specifies in a solicitation document how to participate in the procurement.
   2. (b) The department shall open an electronic offer in accordance with electronic security measures in effect at the department at the time of its receipt of the electronic offer. Unless the department provides procedures for the secure receipt of electronic offers, the person submitting the electronic offer assumes the risk of premature disclosure due to submission in unsealed form.
   3. (c) The department's use of electronic signatures shall be consistent with applicable statutes and rules. The department may limit the use of electronic methods of conducting a procurement as advantageous to the department.
   4. (d) If the department determines that bid or proposal security is or will be required, the department should not authorize electronic offers unless the department has another method for receipt of such security.
3. (3) Rules Governing Electronic Procurements. The department shall conduct all portions of an electronic procurement in accordance with these division 149 rules, unless otherwise set forth in this rule.
4. (4) Preliminary Matters. As a condition of participation in an electronic procurement the department may require potential contractors to register with the department before the date and time on which the department will first accept offers, to agree to the terms, conditions, or other requirements of a solicitation document, or to agree to terms and conditions governing the procurement, such as procedures that the department may use to attribute, authenticate or verify the accuracy of an electronic offer, or the actions that constitute an electronic signature.
5. (5) Offer Process. The department may specify that persons must submit an electronic offer by a particular date and time, or that persons may submit multiple electronic offers during a period of time established in the electronic advertisement. When the department specifies that persons may submit multiple electronic offers during a specified period of time, the department must designate a time and date on which persons may begin to submit electronic offers, and a time and date after which persons may no longer submit electronic offers. The date and time after which persons may no longer submit electronic offers need not be specified by a particular date and time, but may be specified by a description of the conditions that, when they occur, will establish the date and time after which persons may no longer submit electronic offers. When the department will accept electronic offers for a period of time, then at the designated date and time that the department will first receive electronic offers, the department must begin to accept real time electronic offers on the department's electronic procurement system, and shall continue to accept electronic offers until the date and time specified by the department, after which the department will no longer accept electronic offers.

6. (6) Receipt of Electronic Offers.

   1. (a) When a department conducts an electronic procurement that provides that all electronic offers must be submitted by a particular date and time, the Department shall receive the electronic offers in accordance with these division 149 rules.

   2. (b) When the department specifies that persons may submit multiple electronic offers during a period of time, the department shall accept electronic offers, and persons may submit electronic offers, in accordance with the following:

      1. (A) Following receipt of the first electronic offer after the day and time the department first receives electronic offers the department shall post on the department's electronic procurement system, and updated on a real time basis, the lowest electronic offer price or the highest ranking electronic offer. At any time before the date and time after which the department will no longer receive electronic offers, a person may revise its electronic offer, except that a person may not lower its price unless that price is below the then lowest electronic offer.
      2. (B) A Person may not increase the price set forth in an electronic offer after the day and time that the department first accepts electronic offers.
      3. (C) A Person may withdraw an electronic offer only in compliance with these rules. If a person withdraws an electronic offer, it may not later submit an electronic offer at a price higher than that set forth in the withdrawn electronic offer.
7. (7) Failure of the E-Procurement System. In the event of a failure of the department's electronic procurement system that interferes with the ability of persons to submit electronic offers, protest or to otherwise participate in the procurement, the department may cancel the procurement in accordance with OAR 736-149-0270, or may extend the date and time for receipt of electronic offers by providing notice of the extension immediately after the electronic procurement system becomes available.
8. (8) Interpretation. Nothing in this rule shall be construed as prohibiting the department from making procurement documents available in hard copy as well as in electronic format when bids are to be submitted only in hard copy.

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