OAR 731-070-0180
Protests of Rejection of Proposal/Award of Contract to Competitor in Competing Proposals Context

(1)

At least 14 calendar days prior to the final selection of the successful proposer in any competitive proposal selection process, ODOT will give, electronically or otherwise, written notice to all participating proposers of ODOT’s apparent selection of the successful proposer. A proposer who would be adversely affected by the selection announced in the notice may, within the 14-calendar day period, submit to ODOT a written protest of the selection of the apparent successful proposer.

(2)

For purposes of this rule, a protesting proposer is adversely affected by a selection only if the proposer has submitted a responsive Competing Proposal and is next-in-line for selection. In other words, the protesting proposer must demonstrate that all higher-scoring proposers are ineligible for selection because either:

(a)

The higher-scoring proposals were not responsive to the requirements stated in ODOT’s notice requesting Competing Proposals; or

(b)

ODOT committed a substantial violation of a provision in ODOT’s notice requesting Competing Proposals, in these rules, or in ORS 367.800 (Findings) to 367.826, or otherwise abused its discretion, in evaluating the Competing Proposals.

(3)

A proposer’s written protest must state facts and argument that demonstrate how the selection process was flawed or how ODOT’s selection of the apparent successful proposer constituted an abuse of ODOT’s discretion. If ODOT receives no written protest concerning the proposed selection listing within the 14-calendar day period, then the selection of the successful proposer automatically shall become effective on the 15th calendar day after ODOT first transmitted or otherwise delivered its written notice of the apparent successful proposer.

(4)

In response to a proposer’s timely filed protest that complies with this rule, ODOT will issue a written decision that resolves the issues raised in the protest. In considering a timely protest, ODOT may request further information from the protesting proposer and from the apparent successful proposer identified in ODOT’s notice issued under subsection (1) of this rule. ODOT will make its written determination available, by mail or by electronic means, to the protesting proposer and to the apparent successful proposer identified in ODOT’s notice issued under subsection (1) of this rule. ODOT’s written decision under this subsection shall constitute a final order under ORS 183.484 (Jurisdiction for review of orders other than contested cases).

Source: Rule 731-070-0180 — Protests of Rejection of Proposal/Award of Contract to Competitor in Competing Proposals Context, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=731-070-0180.

731–070–0005
Purpose and Intent of the Oregon Innovative Partnerships Program 731–070–0010
Definitions for the Oregon Innovative Partnerships Program 731–070–0020
General Selection Policies 731–070–0040
Protection of ODOT from Proposer “Monopolization” of Site Claims 731–070–0042
Solicitation of Proposals for OIPP Projects 731–070–0044
Negotiations 731–070–0046
Solicitation Documents 731–070–0048
Public Notice of Solicitation 731–070–0050
Submission of Unsolicited Proposals for OIPP Projects 731–070–0055
Fees to Accompany Unsolicited Proposals 731–070–0060
Contents and Format of Detailed or Competing Proposals 731–070–0080
Additional Proposer Organizational Disclosure Requirements 731–070–0110
Initial Review of Unsolicited Proposals 731–070–0120
Commission Preliminary Review of Unsolicited Proposals 731–070–0130
Competing Proposals 731–070–0140
Evaluation of Unsolicited and Competing Proposals 731–070–0160
Use of a Process that Permits ODOT Feedback and Ability of Proponents to Supplement or Refine Proposals after Initial Submission 731–070–0170
Commission Review and Selection of Proposals 731–070–0180
Protests of Rejection of Proposal/Award of Contract to Competitor in Competing Proposals Context 731–070–0200
Negotiation of Agreements for Transportation Projects 731–070–0210
ODOT Objection to Subcontractors 731–070–0220
Legal Sufficiency Review of Final Agreement 731–070–0230
Commission Review of Final Agreement 731–070–0280
Public Records Requests 731–070–0290
Designation of Sensitive Business, Commercial or Financial Information and Trade Secrets 731–070–0295
Consultation with Local Government, Metropolitan Planning Organization or Area Commission on Transportation 731–070–0300
ODOT Rights Reserved 731–070–0310
Extensions of Time: Waivers 731–070–0320
ODOT’s Authority to Suspend, by “Order,” the Acceptance of Specified Categories of Unsolicited Proposals 731–070–0330
ODOT’s Authority to Prioritize the Processing of Submitted Proposals in Accordance with ODOT’s Assessment of Need and Urgency. 731–070–0350
Discretionary Order Requiring the Prequalification of Proposers — Detailed Unsolicited or Competing Proposals
Last Updated

Jun. 8, 2021

Rule 731-070-0180’s source at or​.us