OAR 731-005-0690
Protest of Contractor Selection, Contract Award
(1)
Purpose. An adversely affected Offeror must exhaust all avenues of administrative review and relief before seeking judicial review of ODOT’s Contractor selection or Contract award decision.(2)
Notice of Intent to Award. Unless otherwise provided in the Solicitation Document, ODOT shall provide notice of the intent to award on the ODOT web site. ODOT’s award shall not be final until the later of the following:(a)
Three working days after the date of the notice, unless the Solicitation Document provided a different period for protest; or(b)
ODOT provides a Written response to all timely-filed protests that denies the protest and affirms the award.(3)
Notice of Competitive Range. Unless otherwise provided in the RFP, ODOT shall provide Written notice to all Proposers of ODOT’s determination of the Proposers included in the Competitive Range. ODOT’s notice of the Proposers included in the Competitive Range shall not be final until the later of the following:(a)
Ten Days after the date of the notice, unless otherwise provided therein; or(b)
Until ODOT provides a Written response to all timely-filed protests that denies the protest and affirms the notice of the Proposers included in the Competitive Range.(4)
Right to Protest Award.(a)
An adversely affected Offeror may submit to ODOT a Written protest of ODOT’s Notice of Intent to Award Bid within three working days after issuance of the Notice of Intent to Award Bid, unless a different protest period is provided under the Solicitation Document.(b)
The Offeror’s protest must specify the grounds upon which the protest is based.(c)
An Offeror is adversely affected only if the Offeror is one of the three apparent low Bidders on an Invitation to Bid or three highest scoring Proposers in the case of an RFP.(d)
ODOT shall not consider a protest submitted after the time period established in this rule or such different period as may be provided in the Solicitation Document.(5)
Right to Protest Competitive Range.(a)
An adversely affected Proposer may submit to ODOT a Written protest of ODOT’s decision to exclude the Proposer from the Competitive Range within seven Days after issuance of the notice of the Competitive Range, unless a different protest period is provided under the Solicitation Document.(b)
The Proposer’s protest shall be in Writing and must specify the grounds upon which the protest is based.(c)
A Proposer is adversely affected only if the Proposer is responsible and submitted a Responsive Proposal and is eligible for inclusion in the Competitive Range i.e., the protesting Proposer must claim it is eligible for inclusion in the Competitive Range if all ineligible higher-scoring Proposers are removed from consideration, and that those ineligible Proposers are ineligible for inclusion in the Competitive Range because:(A)
Their Proposals were not responsive; or(B)
ODOT committed a substantial violation of a provision in the RFP or of an applicable procurement statute or administrative rule, and the protesting Proposer was unfairly evaluated and would have, but for such substantial violation, been included in Competitive Range.(d)
ODOT shall not consider a protest submitted after the time period established in this rule or such different period as may be provided in the Solicitation Document. A Proposer may not protest ODOT’s decision to not increase the Competitive Range above the Competitive Range set forth in the RFP.(6)
Authority to Resolve Protests. The ODOT Highway Division Administrator, or designee, has the authority to settle or resolve a Written protest submitted in accordance with the requirements of this rule.(7)
Decision. If a protest is not settled, the ODOT Highway Division Administrator or designee, shall promptly issue a Written decision on the protest. Judicial review of this decision will be available if provided by statute.(8)
Contract Execution. The successful Offeror shall promptly execute the Contract after the award is final. ODOT shall execute the Contract only after it has obtained all applicable required documents and approvals.
Source:
Rule 731-005-0690 — Protest of Contractor Selection, Contract Award, https://secure.sos.state.or.us/oard/view.action?ruleNumber=731-005-0690.