5.33.740 Protests and Judicial Review of Contract Award.

City Code Section

(Amended by Ordinances 183445, 184403 and 185898, effective February 20, 2013.)

  1. A.     An Affected Person may protest the Award of a Contract, or the intent to Award a Contract resulting from a Competitive Sealed Bid or Competitive Sealed Proposal, whichever occurs first, if:
    1. 1.    The Affected Person would be eligible to be Awarded the Contract in the event that the protest was successful; and
    2. 2.    The reason for the protest is that:
      1. a.    All lower Bids, higher ranked Proposals or other more Advantageous Offers are nonresponsive;
      2. b.    The City failed to conduct the evaluation of Offers in accordance with the criteria or processes described in the Solicitation Document;
      3. c.    The City abused its discretion in rejecting the Affected Person’s Offer as nonresponsive; or
      4. d.    The City’s evaluation of the Offers was in violation of these rules, ORS Chapter 279B or ORS Chapter 279A.
  2. B.    Method of Protest.
    1. 1.     Time:  A Written protest of the Chief Procurement Officer’s Award shall be provided to the Chief Procurement Officer within seven (7) Days after the Award of a Contract, or issuance of the Notice of Intent to Award the Contract, whichever occurs first. The Chief Procurement Officer shall not consider a 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 or Notice of Intent to Award.
    2. 2.    Contents:  The protest must include the following information:
      1. a.   Sufficient information to identify the Award that is the subject of the protest;
      2. b.   A detailed statement of all the legal and factual grounds for the protest as described in Subsections 5.33.740 A.2.a. - d. above;
      3. c.   Evidence or supporting documentation that supports the grounds on which the protest is based;
      4. d.   A description of the resulting harm to the Affected Person; and
      5. e.   The relief requested.
  3. C.    Required City Response.   The City shall take the following actions, as appropriate:
    1. 1.    The City shall inform the Affected Person in Writing if the protest was not timely filed;
    2. 2.    The City shall inform the Affected Person if it failed to meet the requirements of Subsection 5.33.740 B.2. and the reasons for that failure;
    3. 3.    If the protest was timely filed and provides the information required by Subsection 5.33.740 B.2. above, the City shall issue a decision in Writing and provide that decision to the Affected Person within a reasonable time of the receipt of the protest.
    4. 4.    If the City denies the protest, it shall inform the Affected Person if the decision is final or whether the Chief Procurement Officer has decided to refer the protest to the Purchasing Board of Appeals or City Council.
  4. D.  Optional City Response:  In addition to the requirements of Subsection 5.33.740 C. above, the Chief Procurement Officer may do any of the following:
    1. 1.  Agree with the protest and issue a revised Notice of Intent to Award or take any other corrective action that may be necessary to ensure that the Contract is Awarded to the appropriate Offeror;   
    2. 2.  Issue a Written response to the protest and provide that decision to the Affected Person; 
    3. 3.  Refer the protest and any response to the Board of Appeals for decision; 
    4. 4.  Refer the protest and any response to the City Council for decision; or
    5. 5.  Take any other action that is in the best interest of the City while giving full consideration to the merits of the protest.
  5. E.  Judicial Review.  An Affected Person may not seek judicial review of the Intent to Award a Contract unless it has complied fully with the protest requirements of this section.  Judicial review is not available if the City elects not to make an Award.

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