Or. Admin. Code § 731-147-0055 - Sole-Source Procurements

(1) Generally. ODOT may Award a Public Contract without competition as a Sole-Source Procurement pursuant to the requirements of ORS 279B.075 and this rule.

(2) Public Notice. If the value of the resulting Public Contract exceeds $250,000, ODOT shall publish a Public Notice in a manner similar to a Public Notice for a solicitation for Competitive Sealed Bids or Competitive Sealed Proposals. The Public Notice must describe the Goods or Services, or both, to be acquired by the Sole-Source Procurement; identify the prospective Contractor; and state the date, time and place that protests are due. ODOT will advertise the Public Notice at least seven (7) Days before Award of the Contract.

(3) Protest. For Sole-Source Procurements requiring Public Notice under this rule, an Affected Person may protest the determination of ODOT that the Goods or Services or class of Goods or Services are available from only one source. Pursuant to ORS 279B.420(3)(f), before seeking judicial review, an Affected Person must file a Written protest with ODOT and exhaust all administrative remedies.

(a) Delivery. Unless otherwise specified in the Public Notice of the Sole-Source Procurement, an Affected Person must deliver a Written protest to ODOT within seven (7) Days after the first date of Public Notice of the Sole-Source Procurement, unless a different protest period is provided in the Public Notice of a Sole-Source Procurement.

(b) Content of Protest. The Written protest must include:

(A) A detailed statement of the legal and factual grounds for the protest;

(B) A description of the resulting harm to the Affected Person; and

(C) The relief requested.

(c) ODOT Response. ODOT shall not consider an Affected Person's Sole-Source Procurement protest submitted after the timeline established for submitting such protest under this rule, or such different time period as may be provided in the Public Notice of the Sole-Source Procurement. ODOT shall issue a Written disposition of the protest in a timely manner. If ODOT upholds the protest, in whole or in part, the Contracting Agency shall not enter into a Sole-Source Contract.

(d) Judicial Review. Judicial review of ODOT disposition of a Sole-Source Procurement protest shall be in accordance with ORS 279B.420.

Notes

Or. Admin. Code § 731-147-0055

DOT 5-2005, f. & cert. ef. 8-23-05; DOT 1-2019, amend filed 02/21/2019, effective 2/21/2019; DOT 3-2020, amend filed 07/17/2020, effective 7/17/2020; DOT 3-2024, amend filed 06/12/2024, effective 6/12/2024

Statutory/Other Authority: ORS 184.619, 279A.065(6) & 279B.075

Statutes/Other Implemented: ORS 279B.075