Or. Admin. Code § 111-005-0042

Current through Register Vol. 63, No. 12, December 1, 2024

Section 111-005-0042 - Intermediate Procurement Process

Except as provided under OAR 111-005-0046 or 111-005-0048, OEBB will use the following procedure for an Intermediate Procurement:

(1) Selection procedure. OEBB will contact a minimum of three Proposers known to OEBB to be qualified to provide the work and services sought.

(2) Submission. All Proposals must comply with the OEBB's specifications for the Intermediate Procurement. If portions of the Proposal are deemed unacceptable or non-responsive to the specifications, the Proposal may be deemed non-responsive. OEBB may give the Proposer an opportunity to submit a responsive Proposal. Submission of Proposals must meet the specifications for the Intermediate Procurement. . OEBB is not responsible for unreadable or incomplete electronic transmissions or for electronic transmissions that are not received by OEBB.

(3) Evaluation. OEBB will evaluate Proposals in accordance with criteria set forth in the Intermediate Procurement.

(4) Discussions and negotiations. If OEBB chooses to enter into discussions and negotiations with a Proposer under this Intermediate Procurement procedure, OEBB will do so consistent with 111-005-0010.

(5) Notice of intent to award. OEBB will provide written notice to all Proposers under an Intermediate Procurement of its intent to award the contract.

(6) Right to protest award. An adversely affected or aggrieved Proposer may submit to OEBB a written protest of OEBB's intent to award. The protest must be made within seven calendar days after issuance of the notice of intent to award the contract, unless otherwise specified by OEBB.

(a) The Proposer's protest must be in writing and must specify the grounds upon which the protest is based.

(b) A Proposer is adversely affected or aggrieved only if:

(A) The Proposer is eligible for award of the contract as a responsible Proposer; and

(B) OEBB committed a substantial violation of its Intermediate Procurement procedure or of an applicable procurement statute or administrative rule.

(c) OEBB will not consider a protest submitted after the time period specified in this section or a different period if provided in the specifications of the Intermediate Procurement.

(d) The Board, OEBB staff, or their designee, has the authority to settle or resolve a written protest meeting the submission requirements of this rule.

(e) If a protest is not settled, the Board, OEBB staff, or their designee, will promptly issue a written decision on the protest. Judicial review of this decision will be available if provided by statute.

(10) Contract. The successful Proposer must promptly execute the Contract after the award is final. The Board Chair, or designee, will execute the Contract only after it has obtained all applicable required documents and approvals.

Or. Admin. Code § 111-005-0042

OEBB 1-2007(Temp), f. & cert. ef. 7-23-07 thru 1-4-08; OEBB 1-2008, f. & cert. ef. 1-4-08; OEBB 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-10-11; OEBB 10-2011, f. & cert. ef. 5-3-11; OEBB 1-2012(Temp), f. & cert. ef. 1-13-12 thru 7-10-12; OEBB 2-2012, f. & cert. ef. 4-18-12; OEBB 3-2016, f. & cert. ef. 10/6/2016; OEBB 8-2016, f. & cert. ef. 10/26/2016

Stat. Auth.: ORS 243.860 - 243.886

Stats. Implemented: ORS 243.864