Oregon Administrative Rules
813 - Oregon Housing and Community Services Department
Division 5 - GENERAL RULES
813-005-0025 - Solicitation Protests; Administrative and Judicial Review
Solicitation Protests; Administrative and Judicial Review
(1)(a) With respect to any solicitation conducted by the department, an applicant or potential qualifying applicant may protest or otherwise challenge such solicitation process by first requesting administrative review as herein specified.
(b) With respect to any solicitation conducted by the department, an applicant may protest or otherwise challenge any department determination or order (collectively hereinafter, “determination”) related to such solicitation by first requesting administrative review as herein specified.
(c) A timely, qualifying request for administrative review is necessary to satisfy the conditions of this section and a condition precedent to judicial review consistent with ORS 183.480.
(d) Failure to file a timely, qualifying request for administrative review with the department will constitute a failure to exhaust administrative remedies and terminate further rights to protest or otherwise challenge the solicitation process or any related department determination, including judicial review thereof.
(2)(a) An applicant under this section is a person or entity that makes an application (including delivery to the department under the terms of the solicitation) for a department funding award pursuant to a particular department solicitation.
(b) A potential qualifying applicant is a person or entity that qualifies to make an application for a department funding award under the terms of a solicitation with respect to the process of which it requests administrative review consistent with the terms of this section.
(3)(a) An applicant or potential qualifying applicant seeking to protest or otherwise challenge any aspect of a solicitation process (other than a department determination related thereto) must request review by the department within fourteen (14) days of the application due date of the solicitation.
(b) An applicant seeking to protest or otherwise challenge a determination by the department related to a solicitation must request review by the department of such determination within fourteen (14) days of the applicant receiving notice from the department of that determination.
(4) Any request for review under this section must be in writing, specifically identifying:
(a) The nature of the requestor’s interest, including the facts showing how the requestor is adversely affected or aggrieved by the solicitation process or a department determination;
(b) The relief sought;
(c) Each of the grounds for review;
(d) An explanation for each of the grounds upon which relief should be granted; and
(e) Any supporting information the requestor desires to have considered by the department.
(5) The envelope containing the request for review MUST:
(a) Be marked PROTEST;
(b) Identify the solicitation number;
(c) Identify the closing time and date for acceptance of solicitation applications;
(d) Identify the department’s contact person for the solicitation; and
(e) Be received by the department at its main Salem Office, Oregon Housing and Community Services 725 Summer Street NE, Suite B Salem, OR 97301, not later than 4:00 PM on the fourteenth(14th) day after the solicitation closing date or the applicant’s receipt of notice from the department of the department determination from which review is requested, whichever due date is applicable under this section.
(6) The applicant will be deemed to have received notice of a department determination upon the sooner of:
(a) Three (3) days after the department’s determination is mailed to the applicant;
(b) Two (2) days after such determination is posted to the department’s website;
(c) Two (2) days after the list of successful solicitation applicants is posted to the department’s website; or
(d) One (1) day after such determination is emailed to the applicant.
(7) The department may request additional information from the requestor with respect to its request and consider such other information as it deems appropriate.
(8) The department will endeavor to provide a written response to a timely, qualifying request for review within thirty (30) days.
(9) Judicial review of the department response to a timely, qualifying request for review shall be limited to those grounds the requestor raised with the department in its request for review.
(10) The filing of a request for review, or subsequent judicial review (if any), will not preclude the department from moving forward with the solicitation or the award of funding assistance thereunder. However, the department reserves the right to delay, terminate, modify, or take other action it determines to be appropriate with respect to a solicitation or any related award of funding assistance in response to a request for review or subsequent judicial review.
Statutory/Other Authority: ORS 90.630, 90.771 - 90.775, 90.800 - 90.840, 183, 315.271, 317.097, 446.525 - 446.543, 456.515 - 456.725, 458.210 - 458.365, 458.405 - 458.460, 458.505 - 458.740, 566.310 - 566.350 & 757.612 - 757.617
Statutes/Other Implemented: ORS 456.515 - 456.720
OHCS 15-2016, f. & cert. ef. 12-14-16
OHCS 6-2016(Temp), f. & cert. ef. 6-29-16 thru 12-25-16