OAR 125-247-0730
Protests and Judicial Review of Solicitations


(1)

Purpose. A prospective Offeror may protest the Procurement Process or the Solicitation Document for a Contract solicited under ORS 279B.055 (Competitive sealed bidding), 279B.060 (Competitive sealed proposals) and 279B.085 (Special procurements) as set forth in ORS 279B.405 (Protests and judicial review of solicitations)(2). According to ORS 279B.405 (Protests and judicial review of solicitations)(3), before seeking judicial review, a prospective Offeror must file a Written protest with the Authorized Agency and exhaust all administrative remedies.

(2)

Delivery. Unless otherwise specified in the Solicitation Document, a prospective Offeror must deliver a Written protest to the Authorized Agency not less than seven (7) Days prior to Closing.

(3)

Content of Protest. In addition to the information required by ORS 279B.405 (Protests and judicial review of solicitations)(4), a prospective Offeror’s Written protest must include a statement of the desired changes to the Procurement Process or the Solicitation Document that the prospective Offeror believes will remedy the conditions upon which the prospective Offeror based its protest.

(4)

Authorized Agency Response. The Authorized Agency may not consider a Prospective Offeror’s Solicitation protest submitted after the timeline established for submitting such protest under this Rule, or such different time period as may be provided in the Solicitation Document. The Authorized Agency must consider the protest if it is timely filed and meets the conditions set forth in ORS 279B.405 (Protests and judicial review of solicitations)(4). The Authorized Agency must issue a Written disposition of the protest no less than three (3) business days before Bids, Proposals or Offers are due, unless a Written determination is made by the Authorized Agency that circumstances exist that require a shorter time limit, in accordance with the timeline set forth in ORS 279B.405 (Protests and judicial review of solicitations)(6). If the Authorized Agency upholds the protest, in whole or in part, the Authorized Agency may in its sole discretion either issue an Addendum reflecting its disposition under OAR 125-247-0430 (Addenda to Solicitation Document) or cancel the Procurement or Solicitation under OAR 125-247-0660 (Cancellation of Procurement or Solicitation).

(5)

Extension of Closing. If the Authorized Agency receives a protest from a prospective Offeror in accordance with this Rule, the Authorized Agency may extend Closing if the Authorized Agency determines an extension is necessary to consider and respond to the protest.

(6)

Clarification. Prior to the deadline for submitting a protest, a prospective Offeror may request that the Authorized Agency clarify any provision of the Solicitation Document. The Authorized Agency’s clarification to an Offeror, whether orally or in Writing, does not change the Solicitation Document and is not binding on the Authorized Agency unless the Authorized Agency amends the Solicitation Document by Addendum.

(7)

Judicial Review. Judicial review of the Authorized Agency’s decision relating to a Solicitation protest must be in accordance with ORS 279B.405 (Protests and judicial review of solicitations).

Source: Rule 125-247-0730 — Protests and Judicial Review of Solicitations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=125-247-0730.

125‑247‑0010
Policies
125‑247‑0100
Applicability
125‑247‑0110
Feasibility Determination, Cost Analysis and Department Report
125‑247‑0165
Practices Regarding Electronic Goods Procurement
125‑247‑0170
Life Cycle Costing
125‑247‑0185
Approval of Information Technology or Telecommunications Procurements
125‑247‑0200
Buy Decision and Methods of Source Selection
125‑247‑0255
Competitive Sealed Bidding
125‑247‑0260
Competitive Sealed Proposals
125‑247‑0265
Small Procurements
125‑247‑0270
Intermediate Procurements
125‑247‑0275
Sole-Source Procurements
125‑247‑0280
Emergency Procurements
125‑247‑0285
Special Procurements
125‑247‑0286
Special Procurements
125‑247‑0287
Special Procurements
125‑247‑0288
Special Procurements
125‑247‑0295
Special Procurements: General or Special Counsel Authorized by the Attorney General
125‑247‑0296
Price Agreements and Mandatory Use Contracts
125‑247‑0300
Procurement Process
125‑247‑0305
Public Notice of Solicitation Documents
125‑247‑0310
Bids or Proposals are Offers
125‑247‑0320
Facsimile Bids and Proposals
125‑247‑0330
E-Procurement
125‑247‑0340
Reverse Auctions
125‑247‑0400
Offer Preparation
125‑247‑0410
Offer Submission
125‑247‑0420
Pre-Offer Conferences
125‑247‑0430
Addenda to Solicitation Document
125‑247‑0440
Pre-Closing Modification or Withdrawal of Offers
125‑247‑0450
Receipt, Opening, and Recording of Offers
125‑247‑0460
Late Offers, Late Withdrawals, and Late Modifications
125‑247‑0470
Mistakes
125‑247‑0480
Time for Authorized Agency Acceptance
125‑247‑0490
Extension of Time for Acceptance of Offer
125‑247‑0500
Responsibility of Offerors
125‑247‑0525
Qualified Products Lists
125‑247‑0550
Prequalification of Prospective Offerors, Pre-negotiation of Contract Terms and Conditions, and Request for Qualifications (RFQ)
125‑247‑0575
Debarment of Prospective Offerors
125‑247‑0600
Offer Evaluation and Award
125‑247‑0610
Notice of Intent to Award
125‑247‑0620
Documentation of Award
125‑247‑0630
Availability of Award Decisions
125‑247‑0640
Rejection of an Offer
125‑247‑0650
Rejection of All Offers
125‑247‑0660
Cancellation of Procurement or Solicitation
125‑247‑0670
Disposition of Offers if Solicitation Cancelled
125‑247‑0690
Policy
125‑247‑0691
Brand Name or Equal Specification
125‑247‑0700
Protests and Judicial Review of Special Procurements
125‑247‑0710
Protests and Judicial Review of Sole-Source Procurements
125‑247‑0720
Protests and Judicial Review of Multiple-Tiered and Multistep Solicitations
125‑247‑0730
Protests and Judicial Review of Solicitations
125‑247‑0731
Protests and Judicial Review of Qualified Products List Decisions
125‑247‑0740
Protests and Judicial Review of Contract Award
125‑247‑0750
Judicial Review of Other Violations
125‑247‑0760
Review of Prequalification and Debarment Decisions
125‑247‑0805
Amendments to Contracts and Price Agreements
125‑247‑0810
Termination of Price Agreements
Last Updated

Jun. 8, 2021

Rule 125-247-0730’s source at or​.us