Or. Admin. Code § 731-148-0240 - Protest Procedures
(1)
Applicability. This rule applies to RFPs processed under OAR
731-148-0220 (Formal Selection
Procedure).
(2) RFP Protest and
Request for Change. 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 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. ODOT may not consider any protest or request
for change that is submitted after the submission deadline.
(3) Protest of Consultant Selection.
(a) Single Award. In the event of an award to
a single Proposer, ODOT shall provide to all Proposers a copy of the selection
notice that ODOT 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 ODOT no later
than seven 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, ODOT shall provide to all
Proposers copies of the selection notices that ODOT 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 ODOT no later than seven 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.
ODOT may not consider any protest that is submitted after the submission
deadline.
(4) Resolution
of Protests. A duly authorized representative of ODOT shall resolve all timely
submitted protests within a reasonable time following ODOT'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 184.619, 279A.065(6)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.050(3), 279A.065 & 279C.110
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