Current through Register Vol. 63, No. 9, September 1, 2024
(1) RFP
Protest and Request for Change. Pursuant to ORS
279C.110(8) [HB
2769 (Oregon Laws 2019, Chapter 55)], Consultants may submit a written protest
of anything contained in an RFP and may request a change to any provision,
specification or Contract term contained in an RFP, no later than seven (7)
calendar days prior to the date Proposals are due, unless a different deadline
is indicated in the RFP. Each protest and request for change must include the
reasons for the protest or request, and any proposed changes to the RFP
provisions, specifications or Contract terms. The Contracting Agency may not
consider any protest or request for change that is submitted after the
submission deadline.
(2) Protest of
Consultant Selection. Pursuant to ORS
279C.110(8) [HB
2769 (Oregon Laws 2019, Chapter 55)], Consultants may submit a written protest
of the Contracting Agency's selection of a Consultant for award of a Contract
as follows:
(a) Single Award. In the event of
an award to a single Proposer, the Contracting Agency shall provide to all
Proposers a copy of the selection notice that the Contracting Agency sent to
the highest ranked Proposer. A Proposer who claims to have been adversely
affected or aggrieved by the selection of the highest ranked Proposer may
submit a written protest of the selection to the Contracting Agency no later
than seven (7) calendar days after the date of the selection notice unless a
different deadline is indicated in the RFP. A Proposer submitting a protest
must claim that the protesting Proposer is the highest ranked Proposer because
the Proposals of all higher ranked Proposers failed to meet the requirements of
the RFP or because the higher ranked Proposers otherwise are not qualified to
perform the Architectural, Engineering, Photogrammetric Mapping, Transportation
Planning or Land Surveying Services or Related Services described in the
RFP.
(b) Multiple Award. In the
event of an award to more than one Proposer, the Contracting Agency shall
provide to all Proposers copies of the selection notices that the Contracting
Agency sent to the highest ranked Proposers. A Proposer who claims to have been
adversely affected or aggrieved by the selection of the highest ranked
Proposers may submit a written protest of the selection to the Contracting
Agency no later than seven (7) calendar days after the date of the selection
notices, unless a different deadline is indicated in the RFP. A Proposer
submitting a protest must claim that the protesting Proposer is one of the
highest ranked proposers because the Proposals of all higher ranked Proposers
failed to meet the requirements of the RFP, or because a sufficient number of
Proposals of higher ranked Proposers failed to meet the requirements of the
RFP. In the alternative, a Proposer submitting a protest must claim that the
Proposals of all higher ranked Proposers, or a sufficient number of higher
ranked Proposers, are not qualified to perform the Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning or Land Surveying Services or
Related Services described in the RFP.
(c) Effect of Protest Submission Deadline. A
Contracting Agency may not consider any protest that is submitted after the
submission deadline.
(3)
Resolution of Protests. A duly authorized representative of the Contracting
Agency shall resolve all timely submitted protests within a reasonable time
following the Contracting Agency's receipt of the protest and once resolved,
shall promptly issue a written decision on the protest to the Proposer who
submitted the protest. If the protest results in a change to the RFP, the
Contracting Agency shall revise the RFP accordingly and shall re-advertise the
RFP in accordance with these rules.
Statutory/Other Authority: ORS
279A.065, OL 2011 & ch
458
Statutes/Other Implemented: ORS
279A.065 & 279C.110, OL 2011
& ch 458
