OAR 629-029-0110
Protest of Contract Award
(1)
Purpose. The purpose of this rule is to require adversely affected or aggrieved bidders on a STATE solicitation for bids to exhaust all avenues of administrative review and relief before seeking judicial review of the STATE’s contract award decision.(2)
Notice of Award.(a)
The STATE’s written notice of contract award (or other contract initiating document, e.g., a notice of intent to award, hereinafter referred to collectively as the “award documents”), shall constitute a final decision of the STATE to award the contract if no written protest of the contract award is filed with the STATE within 14 calendar days following issuance of the award documents. If a protest of contract award is timely filed by an actual aggrieved bidder, the award documents shall constitute a final decision of the STATE only upon issuance to the protesting bidder of a written decision denying the protest and affirming the award.(b)
Unsuccessful bidders will generally not be notified that a contract has been awarded.(3)
Right to protest. Any qualified bidder who is adversely affected or aggrieved by the STATE’s award of the contract to another bidder shall have 14 calendar days after issuance of the award documents to submit a written protest of the award. The written protest shall specify the grounds upon which the protest is based. In order to be an adversely affected or aggrieved bidder with a right to submit a written protest, a bidder must itself claim to be eligible for award of the contract as the highest responsive, responsible bidder and must be next in line for award, i.e., the protester must claim that all higher bidders are ineligible for award:(a)
Because their bids were nonresponsive; or(b)
As a result of the STATE committing a material violation of a solicitation provision or of an applicable procurement statute or administrative rule, the protester was unfairly evaluated and would have, but for such material violation, been the highest bidder. The STATE may not entertain a protest submitted after the time period established in this rule.(4)
Authority to resolve protest. The STATE may settle or resolve a written protest submitted in accordance with the requirements of section (3) of this rule.(5)
Decision. If the protest is not settled or resolved by mutual agreement, the STATE may promptly issue a written decision on the protest.
Source:
Rule 629-029-0110 — Protest of Contract Award, https://secure.sos.state.or.us/oard/view.action?ruleNumber=629-029-0110.