1. (1) Award Protest Opportunity: Any offeror who submitted an offer in response to a formal procurement may protest the award by submitting a protest to the department within five days following the date of the award notice, unless a different time period is specified in the solicitation document.

2. (2) Award Protest Content: All award protests must be received in writing and signed either in writing or electronic form by the offeror’s authorized representative. The award protest must be received by the department by the time set forth in subsection (1) above, and provide relevant legal and factual arguments that:

   1. (a) All lower bids or higher ranked offerors are ineligible to receive the award because they are not responsive; or
   2. (b) The department committed a material violation of a provision in the solicitation document or of an applicable statute or administrative rule that resulted in prejudice to the offeror that caused the department to not issue an award to that offeror.

3. (3) Department’s Response: The designated procurement officer or designee will review each timely-submitted award protest and will issue a written response to the offeror within three business days following receipt of the protest.

   1. (a) Response Content: The department’s written response may include the department's decision affirming or denying the award protest, a notice to the offeror the department needs additional time to evaluate the protest, or a request for additional information from the offeror the department may need to evaluate the protest.
   2. (b) Follow-up Response: The department will issue a follow-up response to the offeror within a reasonable time following the department's notice to the offeror that the department needs additional time to evaluate the award protest or following receipt of the additional information the department has requested from the offeror.
4. (4) Late Protests: The department will not consider an offeror’s protest submitted after the timelines specified for submission in this rule.
5. (5) Successful Protest: If the department sustains any or all of a protest, the department may, in its sole discretion, withdraw the award and issue a subsequent award, or withdraw the award and cancel the offeror selection process. The department may, at any time after cancellation of the offeror selection process or award withdrawal, conduct a new offeror selection process, including issuing a new Invitation to Bid with the same or revised terms, conditions and specifications as used in the original solicitation document.

Statutory/Other Authority

ORS 279.025(3)(k)

Statutes/Other Implemented

ORS 279.025(3)(k)

History

PRD 2-2026, temporary adopt filed 04/23/2026, effective 04/24/2026 through 10/19/2026