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.