ORS 279B.410
Protests of contract award

(1)

A bidder or proposer may protest the award of a public contract or a notice of intent to award a public contract, whichever occurs first, if:

(a)

The bidder or proposer is adversely affected because the bidder or proposer would be eligible to be awarded the public contract in the event that the protest were successful; and

(b)

The reason for the protest is that:

(A)

All lower bids or higher ranked proposals are nonresponsive;

(B)

The contracting agency has failed to conduct the evaluation of proposals in accordance with the criteria or processes described in the solicitation materials;

(C)

The contracting agency has abused its discretion in rejecting the protestor’s bid or proposal as nonresponsive; or

(D)

The contracting agency’s evaluation of bids or proposals or the contracting agency’s subsequent determination of award is otherwise in violation of this chapter or ORS chapter 279A.

(2)

The bidder or proposer shall submit the protest to the contracting agency in writing and shall specify the grounds for the protest to be considered by the contracting agency.

(3)

The rules adopted under ORS 279A.065 (Model rules generally) shall establish a reasonable time and manner for protests to be submitted. The contracting agency may not consider late protests.

(4)

The contracting agency shall consider and respond in writing to a protest in a timely manner. After the contracting agency issues the response, the bidder or proposer may seek judicial review in the manner provided in ORS 279B.415 (Judicial review of protests of contract award). [2003 c.794 §85]

Source: Section 279B.410 — Protests of contract award, https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html.

279B.005
Definitions 279B.010
Policy 279B.015
Applicability 279B.020
Maximum hours of labor on public contracts 279B.025
Procurement practices regarding recyclable and reusable goods 279B.030
Demonstration that procurement will cost less than performing service with contracting agency’s own personnel and resources or that performing service is not feasible 279B.033
Contents of cost analysis 279B.036
Determination of feasibility of procurement 279B.040
Prohibition on accepting bid or proposal from contractor that advised or assisted contracting agency to develop specifications or solicitation documents 279B.045
Contractor warranty and covenant concerning tax law compliance 279B.050
Methods of source selection 279B.055
Competitive sealed bidding 279B.060
Competitive sealed proposals 279B.065
Small procurements 279B.070
Intermediate procurements 279B.075
Sole-source procurements 279B.080
Emergency procurements 279B.085
Special procurements 279B.100
Cancellation, rejection, delay of invitations for bids or requests for proposals 279B.110
Responsibility of bidders and proposers 279B.112
Personnel deployment disclosure 279B.115
Qualified products lists 279B.120
Prequalification of prospective bidders and proposers 279B.125
Application for prequalification 279B.130
Debarment of prospective bidders and proposers 279B.135
Notice of intent to award 279B.140
Price agreements 279B.145
Finality of determinations 279B.200
Definitions for ORS 279B.200 to 279B.240 279B.205
Specifications to encourage reasonable competition 279B.210
Policy 279B.215
Brand name or equal specification 279B.220
Conditions concerning payment, contributions, liens, withholding 279B.225
Condition concerning salvaging, recycling, composting or mulching yard waste material 279B.230
Condition concerning payment for medical care and providing workers’ compensation 279B.235
Condition concerning hours of labor 279B.240
Exclusion of recycled oils prohibited 279B.270
State contracting agencies to use recovered resources and recycled materials 279B.275
Purchase of goods containing recycled polyethylene material 279B.280
Use of recycled products when economically feasible 279B.283
Condition concerning use of conflict minerals 279B.400
Protests and judicial review of approvals of special procurements 279B.405
Protests and judicial review of solicitations 279B.410
Protests of contract award 279B.415
Judicial review of protests of contract award 279B.420
Judicial review of other violations 279B.425
Review of prequalification and debarment decisions
Green check means up to date. Up to date

Current through early 2024

§ 279B.410’s source at oregon​.gov