Current through Register Vol. 63, No. 9, September 1, 2024
(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.
Stat. Auth.: 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
Stats. Implemented: ORS
456.515 -
456.720
