Or. Admin. Code § 629-029-0110 - Protest of Contract Award
(1) Purpose. The purpose of this rule is to
require adversely affected or aggrieved bidders on a STATE solicitation for
bids to exhaust all avenues of administrative review and relief before seeking
judicial review of the STATE's contract award decision.
(2) Notice of Award.
(a) The STATE's written notice of contract
award (or other contract initiating document, e.g., a notice of intent to
award, hereinafter referred to collectively as the "award documents"), shall
constitute a final decision of the STATE to award the contract if no written
protest of the contract award is filed with the STATE within 14 calendar days
following issuance of the award documents. If a protest of contract award is
timely filed by an actual aggrieved bidder, the award documents shall
constitute a final decision of the STATE only upon issuance to the protesting
bidder of a written decision denying the protest and affirming the
award.
(b) Unsuccessful bidders
will generally not be notified that a contract has been awarded.
(3) Right to protest. Any
qualified bidder who is adversely affected or aggrieved by the STATE's award of
the contract to another bidder shall have 14 calendar days after issuance of
the award documents to submit a written protest of the award. The written
protest shall specify the grounds upon which the protest is based. In order to
be an adversely affected or aggrieved bidder with a right to submit a written
protest, a bidder must itself claim to be eligible for award of the contract as
the highest responsive, responsible bidder and must be next in line for award,
i.e., the protester must claim that all higher bidders are ineligible for
award:
(a) because their bids were
nonresponsive; or
(b) as a result
of the STATE committing a material violation of a solicitation provision or of
an applicable procurement statute or administrative rule, the protester was
unfairly evaluated and would have, but for such material violation, been the
highest bidder. The STATE may not entertain a protest submitted after the time
period established in this rule.
(4) Authority to resolve protest. The STATE
may settle or resolve a written protest submitted in accordance with the
requirements of section (3) of this rule.
(5) Decision. If the protest is not settled
or resolved by mutual agreement, the STATE may promptly issue a written
decision on the protest.
Notes
Stat. Auth.: ORS 526.041
Stats. Implemented: ORS 530.050
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