Evaluation. The evaluation process described in this rule applies to the Formal
Selection Procedure set forth in OAR 101-005-0040
(1). The Board and any
assigned representatives, including but not limited to, PEBB stakeholders
staff, or Consultants, hereinafter identified as the Selection Committee, shall
evaluate Proposals only in accordance with criteria set forth in the RFP and
applicable law. The Board shall evaluate Proposals to determine the Responsible
Proposer or Proposers submitting the best responsive Proposal or
(a) Determining Competitive
Range. If the Board does not cancel the solicitation, and to the extent the
solicitation includes a competitive range determination, the Board will
evaluate all Proposals in accordance with the evaluation criteria set forth in
the RFP. After evaluation of all Proposals in accordance with the criteria set
forth in the RFP, the Board will determine the Proposers in the competitive
(b) Protesting Competitive
Range. The Board shall provide written notice to all Proposers identifying
Proposers in the competitive range. A Proposer that is not within the
competitive range may protest the Board's evaluation and determination of the
competitive range in not more than two (2) business days after the Board has
sent written e-mail notice of the competitive range to all Proposers.
(c) Intent to Award; Discuss or Negotiate.
After the protest period provided in accordance with paragraph (2)(b) expires,
or after the Board has provided a final response to any protest, whichever date
is later, the Board may engage in discussions and negotiations with Proposers
in the competitive range.
Discussions and Negotiations. If the
Board chooses to enter into discussions and negotiations with the Proposers in
the competitive range, the Board shall proceed as follows:
(a) Initiating Discussions. The Board shall
initiate oral or written discussions and negotiations with all of the Proposers
in the competitive range regarding their Proposals.
Conducting Discussions. The Board may
conduct discussions and negotiations with each Proposer in the competitive
range necessary to fulfill the purposes of this section, but need not conduct
the same amount of discussions or negotiations with each Proposer. The Board
may terminate discussions and negotiations with any Proposer in the competitive
range at any time. However, the Board shall offer all Proposers in the
competitive range the opportunity to discuss their Proposals with the Board
before the Board notifies Proposers of the award decisions. The Proposers'
opportunities to discuss their Proposals with the Board before Proposers are
notified of the award decisions may be satisfied by interviewing Proposers in
the competitive range, as specified in the procurement.
In conducting discussions, the Board and
any designated representatives:
treat all Proposers fairly and shall not favor any Proposer over
(ii) Shall determine
whether other factors, including but not limited to, Oregon residency of the
primary business office and Proposer demonstration of services and products,
will be used to determine the apparent successful Proposer, should a tie
between Proposers occur.
At any time during the time allowed for
discussions and negotiations, the Board may:
(i) Continue discussions and negotiations
with a particular Proposer or Proposers, or;
(ii) Terminate discussions with a particular
Proposer and continue discussions with other Proposers in the competitive
(C) The Board may
continue discussions and negotiations with Proposers until the Board has
determined which Proposer or Proposers shall be awarded contracts.
Intent to Award; Protest. The
Board shall provide written notice to all Proposers in the competitive range of
the Board's intent to award the contracts. An unsuccessful Proposer may protest
the Board's intent to award in accordance with OAR 101-005-0140
. After the
protest period provided in accordance with 101-005-0140 expires, or after the
Board has provided a final response to any protest, whichever date is later,
the Board may commence final Contract execution with the successful Proposer or
Or. Admin. R.
PEBB 1-2003, f. & cert.
ef. 12-4-03; PEBB 1-2004, f. & cert. ef. 7-2-04; PEBB 2-2005, f. 7-26-05,
cert. ef. 7-29-05; PEBB 3-2010, f. 9-23-10, cert. ef. 10-1-10; PEBB 10-2018,
temporary amend filed 09/11/2018, effective 09/11/2018 through 03/09/2019;
2-2019, amend filed 03/19/2019, effective
Statutory/Other Authority: ORS
Statutes/Other Implemented: ORS