Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0730 - Protests and Judicial Review of Solicitations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. A prospective Offeror may
			 protest the Procurement Process or the Solicitation Document for a Contract
			 solicited under ORS 279B.055,
			 279B.060 and
			 279B.085 as set forth in ORS
			 279B.405(2).
			 According to ORS 279B.405(3),
			 before seeking judicial review, a prospective Offeror must file a Written
			 protest with the Authorized Agency and exhaust all administrative
			 remedies.
(2) Delivery. Unless
			 otherwise specified in the Solicitation Document, a prospective Offeror must
			 deliver a Written protest to the Authorized Agency not less than seven (7) Days
			 prior to Closing.
(3) Content of
			 Protest. In addition to the information required by ORS
			 279B.405(4), a
			 prospective Offeror's Written protest must include a statement of the desired
			 changes to the Procurement Process or the Solicitation Document that the
			 prospective Offeror believes will remedy the conditions upon which the
			 prospective Offeror based its protest.
(4) Authorized Agency Response. The
			 Authorized Agency may not consider a Prospective Offeror's Solicitation protest
			 submitted after the timeline established for submitting such protest under this
			 Rule, or such different time period as may be provided in the Solicitation
			 Document. The Authorized Agency must consider the protest if it is timely filed
			 and meets the conditions set forth in ORS
			 279B.405(4).
			 The Authorized Agency must issue a Written disposition of the protest no less
			 than three (3) business days before Bids, Proposals or Offers are due, unless a
			 Written determination is made by the Authorized Agency that circumstances exist
			 that require a shorter time limit, in accordance with the timeline set forth in
			 ORS 279B.405(6). If
			 the Authorized Agency upholds the protest, in whole or in part, the Authorized
			 Agency may in its sole discretion either issue an Addendum reflecting its
			 disposition under OAR 125-247-0430  or cancel the Procurement or Solicitation
			 under OAR 125-247-0660.
(5)
			 Extension of Closing. If the Authorized Agency receives a protest from a
			 prospective Offeror in accordance with this Rule, the Authorized Agency may
			 extend Closing if the Authorized Agency determines an extension is necessary to
			 consider and respond to the protest.
(6) Clarification. Prior to the deadline for
			 submitting a protest, a prospective Offeror may request that the Authorized
			 Agency clarify any provision of the Solicitation Document. The Authorized
			 Agency's clarification to an Offeror, whether orally or in Writing, does not
			 change the Solicitation Document and is not binding on the Authorized Agency
			 unless the Authorized Agency amends the Solicitation Document by
			 Addendum.
(7) Judicial Review.
			 Judicial review of the Authorized Agency's decision relating to a Solicitation
			 protest must be in accordance with ORS
			 279B.405.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279B.405