OAR 736-148-0240: Temporary rule language in effect until 10/19/2026. Protest Procedures

(1) RFP Protest and Request for Change. 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 department may not consider any protest or request for change that is submitted after the submission deadline. (2) Protest of Consultant Selection. Consultants may submit a written protest of the department’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 department shall provide to all proposers a copy of the selection notice that the department 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 department 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 services described in the RFP. (b) Multiple Award. In the event of an award to more than one proposer, the department shall provide to all proposers copies of the selection notices that the department 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 Department 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 services described in the RFP. (c) Effect of Protest Submission Deadline. The department may not consider any protest that is submitted after the submission deadline. (3) Resolution of Protests. A duly authorized representative of the department shall resolve all timely submitted protests within a reasonable time following the department'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 department shall revise the RFP accordingly and shall re-advertise the RFP in accordance with these rules.