OAR 137-047-0720
Protests and Judicial Review of Multi-Tiered and Multistep Solicitations

(1)

Purpose. An Affected Offeror may protest exclusion from the Competitive Range or from subsequent tiers or steps of a solicitation in accordance with the applicable Solicitation Document. When such a protest is permitted by the Solicitation Document, then pursuant to ORS 279B.420 (Judicial review of other violations)(3)(f), before seeking judicial review, an Affected Offeror must file a Written protest with the Contracting Agency and exhaust all administrative remedies.

(2)

Basis for Protest. An Affected Offeror may protest its exclusion from a tier or step of competition only if the Offeror is Responsible and submitted a Responsive Offer and but for the Contracting Agency’s mistake in evaluating the Offeror’s or other Offerors’ Offers, the protesting Offeror would have been eligible to participate in the next tier or step of competition. (For example, the protesting Offeror must claim it is eligible for inclusion in the Competitive Range if all ineligible higher-scoring Offerors are removed from consideration, and that those ineligible Offerors are ineligible for inclusion in the Competitive Range because: their Proposals were not Responsive, or the Contracting Agency committed a substantial violation of a provision in the Solicitation Document or of an applicable Procurement statute or administrative rule, and the protesting Offeror was unfairly evaluated and would have, but for such substantial violation, been included in the Competitive Range.)

(3)

Delivery. Unless otherwise specified in the Solicitation Document, an Affected Offeror must deliver a Written protest to the Contracting Agency within seven (7) Days after issuance of the notice of the Competitive Range or notice of subsequent tiers or steps.

(4)

Content of Protest. The Affected Offeror’s protest shall be in Writing and must specify the grounds upon which the protest is based.

(5)

Contracting Agency Response. The Contracting Agency shall not consider an Affected Offeror’s multi-tiered or multistep 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 Contracting Agency shall issue a Written disposition of the protest in a timely manner. If the Contracting Agency upholds the protest, in whole or in part, the Contracting Agency may in its sole discretion either issue an Addendum under OAR 137-047-0430 (Addenda to Solicitation Document) reflecting its disposition or cancel the Procurement or solicitation under 137-047-0660 (Cancellation of Procurement or Solicitation).

(6)

Judicial Review. Judicial review of the Contracting Agency’s decision relating to a multi-tiered or multistep solicitation protest shall be in accordance with ORS 279B.420 (Judicial review of other violations).

Source: Rule 137-047-0720 — Protests and Judicial Review of Multi-Tiered and Multistep Solicitations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-047-0720.

137‑047‑0000
Application 137‑047‑0100
Definitions 137‑047‑0250
Source Selection 137‑047‑0255
Competitive Sealed Bidding 137‑047‑0257
Multistep Sealed Bidding 137‑047‑0260
Competitive Sealed Proposals 137‑047‑0261
Multi-tiered and Multistep Proposals 137‑047‑0265
Small Procurements 137‑047‑0270
Intermediate Procurements 137‑047‑0275
Sole-source Procurements 137‑047‑0280
Emergency Procurements 137‑047‑0285
Special Procurements 137‑047‑0290
Cooperative Procurements 137‑047‑0300
Public Notice of Solicitation Documents 137‑047‑0310
Bids or Proposals are Offers 137‑047‑0320
Facsimile Bids and Proposals 137‑047‑0330
Electronic Procurement 137‑047‑0400
Offer Preparation 137‑047‑0410
Offer Submission 137‑047‑0420
Pre-Offer Conferences 137‑047‑0430
Addenda to Solicitation Document 137‑047‑0440
Pre-Closing Modification or Withdrawal of Offers 137‑047‑0450
Receipt, Opening, and Recording of Offers 137‑047‑0460
Late Offers, Late Withdrawals and Late Modifications 137‑047‑0470
Mistakes 137‑047‑0480
Time for Agency Acceptance 137‑047‑0490
Extension of Time for Acceptance of Offer 137‑047‑0500
Responsibility of Bidders and Proposers 137‑047‑0525
Qualified Products Lists 137‑047‑0550
Prequalification of Prospective Offerors 137‑047‑0560
Personal Services Contract to Provide Specifications — State Agency Disqualification as Bidder or Proposer 137‑047‑0575
Debarment of Prospective Offerors 137‑047‑0600
Offer Evaluation and Award 137‑047‑0610
Notice of Intent to Award 137‑047‑0620
Documentation of Award 137‑047‑0630
Availability of Award Decisions 137‑047‑0640
Rejection of an Offer 137‑047‑0650
Rejection of All Offers 137‑047‑0660
Cancellation of Procurement or Solicitation 137‑047‑0670
Disposition of Offers if Procurement or Solicitation Canceled 137‑047‑0700
Protests and Judicial Review of Special Procurements 137‑047‑0710
Protests and Judicial Review of Sole-Source Procurements 137‑047‑0720
Protests and Judicial Review of Multi-Tiered and Multistep Solicitations 137‑047‑0730
Protests and Judicial Review of Solicitations 137‑047‑0740
Protests and Judicial Review of Contract Award 137‑047‑0745
Protests and Judicial Review of Qualified Products List Decisions 137‑047‑0750
Judicial Review of Other Violations 137‑047‑0760
Review of Prequalification and Debarment Decisions 137‑047‑0800
Amendments to Contracts and Price Agreements 137‑047‑0810
Termination of Price Agreements
Last Updated

Jun. 8, 2021

Rule 137-047-0720’s source at or​.us