2021 Oregon Revised Statutes
Chapter 279B - Public Contracting - Public Procurements
Section 279B.410 - Protests of contract award.


(a) The bidder or proposer is adversely affected because the bidder or proposer would be eligible to be awarded the public contract in the event that the protest were successful; and
(b) The reason for the protest is that:
(A) All lower bids or higher ranked proposals are nonresponsive;
(B) The contracting agency has failed to conduct the evaluation of proposals in accordance with the criteria or processes described in the solicitation materials;
(C) The contracting agency has abused its discretion in rejecting the protestor’s bid or proposal as nonresponsive; or
(D) The contracting agency’s evaluation of bids or proposals or the contracting agency’s subsequent determination of award is otherwise in violation of this chapter or ORS chapter 279A.
(2) The bidder or proposer shall submit the protest to the contracting agency in writing and shall specify the grounds for the protest to be considered by the contracting agency.
(3) The rules adopted under ORS 279A.065 shall establish a reasonable time and manner for protests to be submitted. The contracting agency may not consider late protests.
(4) The contracting agency shall consider and respond in writing to a protest in a timely manner. After the contracting agency issues the response, the bidder or proposer may seek judicial review in the manner provided in ORS 279B.415. [2003 c.794 §85]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 07 - Public Facilities and Finance

Chapter 279B - Public Contracting - Public Procurements

Section 279B.005 - Definitions.

Section 279B.010 - Policy.

Section 279B.020 - Maximum hours of labor on public contracts; holidays; exceptions; liability to workers; rules.

Section 279B.030 - Demonstration that procurement will cost less than performing service with contracting agency’s own personnel and resources or that performing service is not feasible; exemptions; analysis for procurement related to information tec...

Section 279B.033 - Contents of cost analysis; conditions under which procurement may proceed; exceptions.

Section 279B.036 - Determination of feasibility of procurement.

Section 279B.040 - Prohibition on accepting bid or proposal from contractor that advised or assisted contracting agency to develop specifications or solicitation documents; exceptions.

Section 279B.045 - Contractor warranty and covenant concerning tax law compliance.

Section 279B.050 - Methods of source selection.

Section 279B.055 - Competitive sealed bidding.

Section 279B.060 - Competitive sealed proposals.

Section 279B.065 - Small procurements.

Section 279B.070 - Intermediate procurements.

Section 279B.075 - Sole-source procurements.

Section 279B.080 - Emergency procurements.

Section 279B.085 - Special procurements.

Section 279B.100 - Cancellation, rejection, delay of invitations for bids or requests for proposals.

Section 279B.110 - Responsibility of bidders and proposers.

Section 279B.112 - Personnel deployment disclosure; contents; preference for bidder or proposer that will employ more workers in state; rules; exception.

Section 279B.115 - Qualified products lists.

Section 279B.120 - Prequalification of prospective bidders and proposers.

Section 279B.125 - Application for prequalification.

Section 279B.130 - Debarment of prospective bidders and proposers.

Section 279B.140 - Price agreements.

Section 279B.200 - Definitions for ORS 279B.200 to 279B.240.

Section 279B.215 - Brand name or equal specification; brand name specification.

Section 279B.220 - Conditions concerning payment, contributions, liens, withholding.

Section 279B.230 - Condition concerning payment for medical care and providing workers’ compensation.

Section 279B.235 - Condition concerning hours of labor; compliance with pay equity provisions; employee discussions of rate of pay or benefits.

Section 279B.270 - State contracting agencies to use recovered resources and recycled materials; notice to prospective contractors.

Section 279B.283 - Condition concerning use of conflict minerals.

Section 279B.400 - Protests and judicial review of approvals of special procurements.

Section 279B.405 - Protests and judicial review of solicitations.

Section 279B.410 - Protests of contract award.

Section 279B.415 - Judicial review of protests of contract award.

Section 279B.420 - Judicial review of other violations.

Section 279B.425 - Review of prequalification and debarment decisions.