Protests and Judicial Review of Solicitations
(1)Purpose. A prospective Offeror may protest the Procurement Process or the Solicitation Document for a Contract solicited under ORS 279B.055 (Competitive sealed bidding), 279B.060 (Competitive sealed proposals) and 279B.085 (Special procurements) as set forth in ORS 279B.405 (Protests and judicial review of solicitations)(2). According to ORS 279B.405 (Protests and judicial review of solicitations)(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 (Protests and judicial review of solicitations)(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 (Protests and judicial review of solicitations)(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 (Protests and judicial review of solicitations)(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 (Addenda to Solicitation Document) or cancel the Procurement or Solicitation under OAR 125-247-0660 (Cancellation of Procurement or Solicitation).
(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 (Protests and judicial review of solicitations).
Rule 125-247-0730 — Protests and Judicial Review of Solicitations,