Or. Admin. Code § 137-048-0240 - Protest Procedures
(1) RFP
Protest and Request for Change. Pursuant to ORS 279C.110(8) [HB 2769 (Oregon
Laws 2019, Chapter 55)], Consultants may submit a written protest of anything
contained in an RFP and may request a change to any provision, specification or
Contract term contained in an RFP, no later than seven (7) calendar days prior
to the date Proposals are due, unless a different deadline is indicated in the
RFP. Each protest and request for change must include the reasons for the
protest or request, and any proposed changes to the RFP provisions,
specifications or Contract terms. The Contracting Agency may not consider any
protest or request for change that is submitted after the submission
deadline.
(2) Protest of Consultant
Selection. Pursuant to ORS 279C.110(8) [HB 2769 (Oregon Laws 2019, Chapter
55)], Consultants may submit a written protest of the Contracting Agency's
selection of a Consultant for award of a Contract as follows:
(a) Single Award. In the event of an award to
a single Proposer, the Contracting Agency shall provide to all Proposers a copy
of the selection notice that the Contracting Agency sent to the highest ranked
Proposer. A Proposer who claims to have been adversely affected or aggrieved by
the selection of the highest ranked Proposer may submit a written protest of
the selection to the Contracting Agency no later than seven (7) calendar days
after the date of the selection notice unless a different deadline is indicated
in the RFP. A Proposer submitting a protest must claim that the protesting
Proposer is the highest ranked Proposer because the Proposals of all higher
ranked Proposers failed to meet the requirements of the RFP or because the
higher ranked Proposers otherwise are not qualified to perform the
Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
Land Surveying Services or Related Services described in the RFP.
(b) Multiple Award. In the event of an award
to more than one Proposer, the Contracting Agency shall provide to all
Proposers copies of the selection notices that the Contracting Agency sent to
the highest ranked Proposers. A Proposer who claims to have been adversely
affected or aggrieved by the selection of the highest ranked Proposers may
submit a written protest of the selection to the Contracting Agency no later
than seven (7) calendar days after the date of the selection notices, unless a
different deadline is indicated in the RFP. A Proposer submitting a protest
must claim that the protesting Proposer is one of the highest ranked proposers
because the Proposals of all higher ranked Proposers failed to meet the
requirements of the RFP, or because a sufficient number of Proposals of higher
ranked Proposers failed to meet the requirements of the RFP. In the
alternative, a Proposer submitting a protest must claim that the Proposals of
all higher ranked Proposers, or a sufficient number of higher ranked Proposers,
are not qualified to perform the Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services or Related Services
described in the RFP.
(c) Effect of
Protest Submission Deadline. A Contracting Agency may not consider any protest
that is submitted after the submission deadline.
(3) Resolution of Protests. A duly authorized
representative of the Contracting Agency shall resolve all timely submitted
protests within a reasonable time following the Contracting Agency's receipt of
the protest and once resolved, shall promptly issue a written decision on the
protest to the Proposer who submitted the protest. If the protest results in a
change to the RFP, the Contracting Agency shall revise the RFP accordingly and
shall re-advertise the RFP in accordance with these rules.
Notes
Statutory/Other Authority: ORS 279A.065, OL 2011 & ch 458
Statutes/Other Implemented: ORS 279A.065 & 279C.110, OL 2011 & ch 458
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