OAR 731-005-0570
Solicitation Protest; Request for Change; Request for Clarification

(1)

Protest.

(a)

Delivery. An Offeror may protest Specifications or Contract terms and conditions. Unless otherwise specified in the Solicitation Document, an Offeror must deliver a Written protest to ODOT not less than 10 Days prior to Closing.

(b)

Content of Protest.

(A)

An Offeror’s Written protest shall include:
(i)
A detailed statement of the legal and factual grounds for the protest;
(ii)
A description of the resulting prejudice to the Offeror; and
(iii)
A statement of the desired changes to the Contract terms and conditions, including Specifications.

(B)

An Offeror shall mark its protest as follows:
(i)
Solicitation Specification or Contract Provision Protest; and
(ii)
Solicitation Document Number (or Other Identification as specified in the Solicitation Document).

(2)

Request for Change.

(a)

Delivery. An Offeror may request in Writing a change to the Specifications or Contract terms and conditions. Unless otherwise specified in the Solicitation Document, an Offeror must deliver the Written request for change to ODOT not less than 10 Days prior to Closing;

(b)

Content of Request or Change.

(A)

An Offeror’s Written request for change shall include a statement of the requested changes to the Contract terms and conditions, including Specifications together with the reason for the requested change.

(B)

An Offeror shall mark its request for change as follows:
(i)
Solicitation Specification or Contract Provision Request for Change; and
(ii)
Solicitation Document Number (or Other Identification as specified in the Solicitation Document).

(3)

Agency response. ODOT is not required to consider an Offeror’s request for change or protest after the deadline established for submitting such request or protest. ODOT shall provide notice to the applicable Entity if it entirely rejects a protest. If ODOT agrees with the Entity’s request or protest, in whole or in part, ODOT shall either issue an Addendum reflecting its determination under OAR 731-005-0580 (Addenda to a Solicitation Document) or cancel the Solicitation under OAR 731-005-0720 (Cancellation of Solicitation).

(4)

Extension of Closing. If ODOT receives a Written request for change or protest from an Offeror in accordance with this rule, ODOT may extend Closing if ODOT determines an extension is necessary to consider the request or protest and to issue an Addendum, if any, to the Solicitation Document.

(5)

Clarification. Prior to the deadline for submitting a Written request for change or protest, an Offeror may request that ODOT clarify any provision of the Solicitation Document. ODOT’s clarification to an Offeror, whether orally or in Writing, does not change the Solicitation Document and is not binding on ODOT unless ODOT amends the Solicitation Document by Addendum.

Source: Rule 731-005-0570 — Solicitation Protest; Request for Change; Request for Clarification, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=731-005-0570.

731–005–0400
Repealed Rules 731–005–0410
Effective Date 731–005–0420
Scope 731–005–0430
Definitions 731–005–0440
Competitive Procurement 731–005–0460
Eligibility to Bid or Propose on Construction or Landscape Contracts 731–005–0470
Solicitation Methods 731–005–0480
Brand Name Products 731–005–0490
Bids or Proposals Are Offers 731–005–0500
Facsimile Bids and Proposals 731–005–0505
Electronic Procurement 731–005–0510
Use of Electronic Data Interchange 731–005–0520
Notice and Advertising Requirements 731–005–0530
Offer Preparation 731–005–0540
Offeror Submissions 731–005–0550
Bid or Proposal Security 731–005–0560
Pre-Offer Conferences 731–005–0570
Solicitation Protest 731–005–0580
Addenda to a Solicitation Document 731–005–0590
Pre-Opening Modification or Withdrawal of Offers 731–005–0600
Receipt, Opening, and Recording of Offers 731–005–0610
Late Offers, Late Withdrawals and Late Modifications 731–005–0620
Mistakes 731–005–0630
Time for Agency Acceptance 731–005–0640
Extension of Time for Acceptance of Offer 731–005–0650
Offer Evaluation and Award 731–005–0660
Tie Offers 731–005–0670
Rejection of an Offer 731–005–0680
Rejection of All Offers 731–005–0690
Protest of Contractor Selection, Contract Award 731–005–0700
Negotiation with Bidders 731–005–0710
Disqualification of an Entity 731–005–0720
Cancellation of Solicitation 731–005–0730
Disposition of Offers if Solicitation Canceled 731–005–0740
Documentation of Award 731–005–0750
Non-Resident Contractor 731–005–0760
Availability of Award Decisions 731–005–0770
Performance Security
Last Updated

Jun. 8, 2021

Rule 731-005-0570’s source at or​.us