Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 48 - MODEL RULES CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING AND LAND SURVEYING SERVICES AND RELATED SERVICES CONTRACTS › Section 137-048-0240 - Protest Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) RFP
			 Protest and Request for Change. Pursuant to ORS
			 279C.110(8) [HB
			 2769 (Oregon Laws 2019, Chapter 55)], 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 (7)
			 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. The Contracting Agency may not
			 consider any protest or request for change that is submitted after the
			 submission deadline.
(2) Protest of
			 Consultant Selection. Pursuant to ORS
			 279C.110(8) [HB
			 2769 (Oregon Laws 2019, Chapter 55)], Consultants may submit a written protest
			 of the Contracting Agency's selection of a Consultant for award of a Contract
			 as follows:
(a) Single Award. In the event of
			 an award to a single Proposer, the Contracting Agency shall provide to all
			 Proposers a copy of the selection notice that the Contracting Agency 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 the Contracting Agency no later
			 than seven (7) 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, the Contracting Agency shall
			 provide to all Proposers copies of the selection notices that the Contracting
			 Agency 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 the Contracting
			 Agency no later than seven (7) 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. A
			 Contracting Agency may not consider any protest that is submitted after the
			 submission deadline.