Except as provided under OAR 111-005-0046 or 111-005-0048, OEBB
will use the following procedure for an Intermediate Procurement:
(1) Selection procedure. OEBB will contact a
minimum of three Proposers known to OEBB to be qualified to provide the work
and services sought.
Submission. All Proposals must comply with the OEBB's specifications for the
Intermediate Procurement. If portions of the Proposal are deemed unacceptable
or non-responsive to the specifications, the Proposal may be deemed
non-responsive. OEBB may give the Proposer an opportunity to submit a
responsive Proposal. Submission of Proposals must meet the specifications for
the Intermediate Procurement. . OEBB is not responsible for unreadable or
incomplete electronic transmissions or for electronic transmissions that are
not received by OEBB.
Evaluation. OEBB will evaluate Proposals in accordance with criteria set forth
in the Intermediate Procurement.
(4) Discussions and negotiations. If OEBB
chooses to enter into discussions and negotiations with a Proposer under this
Intermediate Procurement procedure, OEBB will do so consistent with
(5) Notice of intent
to award. OEBB will provide written notice to all Proposers under an
Intermediate Procurement of its intent to award the contract.
Right to protest award. An adversely
affected or aggrieved Proposer may submit to OEBB a written protest of OEBB's
intent to award. The protest must be made within seven calendar days after
issuance of the notice of intent to award the contract, unless otherwise
specified by OEBB.
(a) The Proposer's protest
must be in writing and must specify the grounds upon which the protest is
A Proposer is adversely
affected or aggrieved only if:
Proposer is eligible for award of the contract as a responsible Proposer; and
(B) OEBB committed a substantial
violation of its Intermediate Procurement procedure or of an applicable
procurement statute or administrative rule.
(c) OEBB will not consider a protest
submitted after the time period specified in this section or a different period
if provided in the specifications of the Intermediate Procurement.
(d) The Board, OEBB staff, or their designee,
has the authority to settle or resolve a written protest meeting the submission
requirements of this rule.
a protest is not settled, the Board, OEBB staff, or their designee, will
promptly issue a written decision on the protest. Judicial review of this
decision will be available if provided by statute.
(10) Contract. The successful Proposer must
promptly execute the Contract after the award is final. The Board Chair, or
designee, will execute the Contract only after it has obtained all applicable
required documents and approvals.
Or. Admin. R.
OEBB 1-2007(Temp), f. &
cert. ef. 7-23-07 thru 1-4-08; OEBB 1-2008, f. & cert. ef. 1-4-08; OEBB
18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-10-11; OEBB 10-2011, f. &
cert. ef. 5-3-11; OEBB 1-2012(Temp), f. & cert. ef. 1-13-12 thru 7-10-12;
OEBB 2-2012, f. & cert. ef. 4-18-12;
3-2016, f. & cert. ef.
8-2016, f. & cert. ef.
Stat. Auth.: ORS
243.860 - 243.886
Stats. Implemented: ORS