101-005-0110 Evaluation of Proposals (1) Evaluation. The evaluation process described in this rule applies to the Formal Selection Procedure set forth in OAR 101-005-0040(1). The Board and any assigned representatives, including but not limited to, PEBB stakeholders staff, or Consultants, hereinafter identified as the Selection Committee, shall evaluate Proposals only in accordance with criteria set forth in the RFP and applicable law. The Board shall evaluate Proposals to determine the Responsible Proposer or Proposers submitting the best responsive Proposal or Proposals. (2) Competitive Range; Protest; Award. (a) Determining Competitive Range. If the Board does not cancel the solicitation, and to the extent the solicitation includes a competitive range determination, the Board will evaluate all Proposals in accordance with the evaluation criteria set forth in the RFP. After evaluation of all Proposals in accordance with the criteria set forth in the RFP, the Board will determine the Proposers in the competitive range. (b) Protesting Competitive Range. The Board shall provide written notice to all Proposers identifying Proposers in the competitive range. A Proposer that is not within the competitive range may protest the Board's evaluation and determination of the competitive range in not more than two (2) business days after the Board has sent written e-mail notice of the competitive range to all Proposers. (c) Intent to Award; Discuss or Negotiate. After the protest period provided in accordance with paragraph (2)(b) expires, or after the Board has provided a final response to any protest, whichever date is later, the Board may engage in discussions and negotiations with Proposers in the competitive range. (3) Discussions and Negotiations. If the Board chooses to enter into discussions and negotiations with the Proposers in the competitive range, the Board shall proceed as follows: (a) Initiating Discussions. The Board shall initiate oral or written discussions and negotiations with all of the Proposers in the competitive range regarding their Proposals. (b) Conducting Discussions. The Board may conduct discussions and negotiations with each Proposer in the competitive range necessary to fulfill the purposes of this section, but need not conduct the same amount of discussions or negotiations with each Proposer. The Board may terminate discussions and negotiations with any Proposer in the competitive range at any time. However, the Board shall offer all Proposers in the competitive range the opportunity to discuss their Proposals with the Board before the Board notifies Proposers of the award decisions. The Proposers' opportunities to discuss their Proposals with the Board before Proposers are notified of the award decisions may be satisfied by interviewing Proposers in the competitive range, as specified in the procurement. (A) In conducting discussions, the Board and any designated representatives: (i) Shall treat all Proposers fairly and shall not favor any Proposer over another. (ii) Shall determine whether other factors, including but not limited to, Oregon residency of the primary business office and Proposer demonstration of services and products, will be used to determine the apparent successful Proposer, should a tie between Proposers occur. (B) At any time during the time allowed for discussions and negotiations, the Board may: (i) Continue discussions and negotiations with a particular Proposer or Proposers, or; (ii) Terminate discussions with a particular Proposer and continue discussions with other Proposers in the competitive range; (C) The Board may continue discussions and negotiations with Proposers until the Board has determined which Proposer or Proposers shall be awarded contracts. (c) Intent to Award; Protest. The Board shall provide written notice to all Proposers in the competitive range of the Board's intent to award the contracts. An unsuccessful Proposer may protest the Board's intent to award in accordance with OAR 101-005-0140. After the protest period provided in accordance with 101-005-0140 expires, or after the Board has provided a final response to any protest, whichever date is later, the Board may commence final Contract execution with the successful Proposer or Proposers. Statutory/Other Authority: ORS 243.061 - 243.302 Statutes/Other Implemented: ORS 243.135 & 243.125 History: PEBB 2-2019, amend filed 03/19/2019, effective 03/19/2019 PEBB 10-2018, temporary amend filed 09/11/2018, effective 09/11/2018 through 03/09/2019 Reverted to PEBB 3-2010, f. 9-23-10, cert. ef. 10-1-10 PEBB 2-2013(Temp), f. & cert. ef. 10-2-13 thru 3-28-14 PEBB 3-2010, f. 9-23-10, cert. ef. 10-1-10 PEBB 2-2005, f. 7-26-05, cert. ef. 7-29-05 PEBB 1-2004, f. & cert. ef. 7-2-04 PEBB 1-2003, f. & cert. ef. 12-4-03