Admin Order 44-23-01-F -- Final Public Contracting Rule 2022

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Exhibit A to Administrative Order No. 44-23-01-F City of Eugene Public Contracting Rules 2022 – Part 2 Page 50 the conditions set forth in ORS 279B.405(4). The Contracting Agency shall issue a Written disposition of the protest in accordance with the timeline set forth in ORS 279B.405(6). If the Contracting Agency upholds the protest, in whole or in part, the Contracting Agency may in its sole discretion either issue an Addendum reflecting its disposition under Rule 137- 047- 0430 or cancel the Procurement or solicitation under Rule 137-047-0660. 5) Extension of Closing. If the Contracting Agency receives a protest from a prospective Offeror in accordance with this rule, the Contracting Agency may extend Closing if the Contracting 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 Contracting Agency clarify any provision of the Solicitation Document. The Contracting Agency’s clarification to an Offeror, whether orally or in Writing, does not change the Solicitation Document and is not binding on the Contracting Agency unless the Contracting Agency amends the Solicitation Document by Addendum. 7) Judicial Review. Judicial review of the Contracting Agency’s decision relating to a solicitation protest shall be in accordance with ORS 279B.405. Related State Statutes: ORS 279A.065 & 279B.405 137-047-0740. Protests and Judicial Review of Contract Award 1) Purpose. An Offeror may protest the Award of a formally solicited Contract, or the intent to Award of a Contract, whichever occurs first, if the conditions set forth in ORS 279B.410(1) are satisfied. An Offeror must file a Written protest with the Contracting Agency and exhaust all administrative remedies before seeking judicial review of the Contracting Agency's Contract Award decision. 2) Delivery. Unless otherwise specified in the Solicitation Document, an Offeror must deliver a Written protest to the Contracting Agency within seven (7) Days after issuance of the notice of intent to Award the Contract, or Award of a Contract, whichever occurs first. 3) Content of Protest. An Offeror’s Written protest shall specify the grounds for the protest to be considered by the Contracting Agency pursuant to ORS 279B.410(2). 4) Contracting Agency Response. The Contracting Agency shall not consider an Offeror’s Contract Award 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 Contracting Agency shall issue a Written disposition of the protest in a timely manner as set forth in ORS 279B.410(4). If the Contracting Agency upholds the protest, in whole or in part, the Contracting Agency may in its sole discretion either Award the Contract to the successful protestor or delay or cancel the Procurement or solicitation. 5) Judicial Review. Judicial review of the Contracting Agency’s decision relating to an intermediate procurement Contract Award or a formally procured Contract Award protest shall be in accordance with ORS 279B.415. Related State Statutes: ORS 279A.065, 279B.410 & ORS 279B.415. 137-047-0745. Protests and Judicial Review of Qualified Products List Decisions 1) Purpose. A prospective Offeror may protest the Contracting Agency’s decision to exclude the prospective Offeror’s Goods from the Contracting Agency’s qualified products list under ORS 279B.115. A prospective Offeror must file a Written protest and exhaust all