OAR 736-148-0230: Temporary rule language in effect until 10/19/2026. Ties Among Proposers

If the department is selecting a consultant on the basis of price alone, or on the basis of price and qualifications, and determines after ranking the proposals that two or more are identical in terms of price or are identical in terms of price and qualifications, then the department shall use the following procedure to select the consultant. (1) Tiebreaker Preference and Award When Offers Are Identical. When the department receives offers identical in price, fitness, availability and quality, and chooses to award a contract, the department shall award the contract to the offeror among those submitting identical offers whose main corporate office or primary business location is in Oregon and who is offering services that are to be performed in Oregon. (2) Determining if Offers are Identical. For purposes of this rule, the department shall consider offers identical if proposals received are identical in price, fitness, availability and quality, if they are responsive, and achieve equal scores when scored in accordance with the evaluation criteria set forth in the request for proposals.