Or. Admin. Code § 731-005-0690 - Protest of Contractor Selection, Contract Award

(1) Purpose. An adversely affected Offeror must exhaust all avenues of administrative review and relief before seeking judicial review of ODOT's Contractor selection or Contract award decision.

(2) Notice of Intent to Award. Unless otherwise provided in the Solicitation Document, ODOT shall provide Notice of Intent to Award on the ODOT website. ODOT's award shall not be final until the later of the following:

(a) Three working days after the date of the notice, unless the Solicitation Document provided a different period for protest; or

(b) ODOT provides a Written response to all timely-filed protests that denies the protest and affirms the award.

(3) Right to Protest Award.

(a) An adversely affected Offeror may submit to ODOT a Written protest of ODOT's Notice of Intent to Award within three working days after issuance of the Notice of Intent to Award, unless a different protest period is provided under the Solicitation Document.

(b) The Offeror's protest must specify the grounds upon which the protest is based.

(c) An Offeror is adversely affected only if the Offeror is one of the three apparent low Bidders.

(d) ODOT shall not consider a protest submitted after the time period established in this rule or such different period as may be provided in the Solicitation Document.

(4) Authority to Resolve Protests. The ODOT Chief Procurement Officer, or designee, has the authority to settle or resolve a Written protest submitted in accordance with the requirements of this rule.

(5) Decision. If a protest is not settled, the ODOT Chief Procurement Officer or designee, shall promptly issue a Written decision on the protest. Judicial review of this decision will be available if provided by statute.

(6) Contract Execution. The successful Offeror shall promptly execute the Contract after the award is final. ODOT shall execute the Contract only after it has obtained all applicable required documents and approvals.

Notes

Or. Admin. Code § 731-005-0690

DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05; DOT 4-2018, amend filed 04/26/2018, effective 4/26/2018; DOT 6-2022, amend filed 05/24/2022, effective 5/24/2022; DOT 1-2024, amend filed 05/09/2024, effective 6/1/2024

Statutory/Other Authority: ORS 184.619, 279A.050 & 279A.065

Statutes/Other Implemented: ORS 279C.375, 279C.385 & 279C.460