1. (1) Late Submission:

   1. (a) Any Offer in response to a solicitation document received after closing is late. An offeror’s request for withdrawal or modification of an offer in response to a solicitation document received after closing is late. The department shall not consider withdrawals submitted after closing.
   2. (b) An Offer, withdrawal or modification will be considered received by the department as of the date and time affixed to the Offer, withdrawal, or modification, or recorded by the electronic procurement system utilized for submission of the Offer, withdrawal, or modification.

2. (2) Bids and Proposals - Modification or Withdrawal:

   1. (a) Before Closing: An offeror may modify or withdraw its bid or proposal before closing by submitting a written bid or proposal modification or withdrawal notice to the department that includes the signature of offeror’s authorized representative acknowledging the modification or withdrawal. The signature of offeror’s authorized representative may be either electronic or handwritten. The last offer received by department before closing will supersede all previous offers.

   2. (b) After Closing: The department may permit an offeror to withdraw an offer after closing based on one or more errors in the offer. The offeror provides a detailed written description of the error to the department demonstrating, to the satisfaction of the designated procurement officer, the following conditions:

      1. (A) Minor Informality: The error is not a minor informality.
      2. (B) Good Faith: The offeror acted in good faith and without gross negligence in submitting an offer to the department that contained the error and in claiming that error exists;
      3. (C) Substantial Detriment: The offeror will suffer substantial detriment if the department does not permit the offeror to withdraw the offer;
      4. (D) Non-Reliance of the department: The department has not relied upon the offer to the department’s detriment such that permitting the offeror to withdraw the offer will cause substantial hardship on the department; and
      5. (E) Prompt Notice: The offeror promptly gave notice of the claimed error to the department.

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