Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 148 - CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING, LAND SURVEYING AND RELATED SERVICES CONTRACTS › Section 731-148-0240 - Protest Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(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.