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5.34.740 Protests of Other Violations.

(Amended by Ordinance Nos. 183445, 184403 and 185898, effective February 20, 2013.)  Protests of any violation of ORS Chapter 279C, for which no administrative remedy is otherwise provided by this Code, are subject to this rule:

A.    An Affected Person can file a protest under this section only if a Public Contract is about to be Awarded or has been Awarded and:

1.  An alleged violation of ORS 279C has occurred in the Solicitation process and violation has resulted or will result in the unlawful Award of a Contract or the unlawful failure to Award the Contract;

2.  The alleged violation deprived the Affected Person of the Award of the Contract or the opportunity to compete for the Award of the Contract;

3.  The Affected Person would have been a Responsible Bidder, Proposer or Offeror qualified to receive the Award of the Contract;

4.  The Affected Person gave Written notice to the City describing the alleged violation no later than seven (7) Days after the date on which the alleged violation occurred and in no event more than seven (7) Days after the date of the execution of the Contract; and

5.  If the alleged violation is of ORS 279C, then it is one for which no judicial review is provided by another section of Chapter 5.34.

B.    Method of Protest.

1.  Time:  The Chief Procurement Officer shall not consider a protest submitted after the timeline established for submitting such protest under this rule and shall not consider a protest under this section if a right to protest is elsewhere provided by this Code.

2.  Contents:  The protest must include the following information:

a.   Sufficient information to identify the Solicitation that is the subject of the protest;

b.   A detailed statement of the alleged violation and all the legal and factual grounds for the protest.  

c.   Evidence or supporting documentation that supports the grounds on which the protest is based;

d.   A description of the resulting harm to the Affected Person; and

e.   The relief requested

C.  Required City Response. The City shall take the following actions, as appropriate:

1.  The City shall inform the Affected Person in Writing if the protest was not timely filed;

2.  The City shall inform the Affected Person if it failed to meet the requirements of Subsection 5.34.740 B.2. and the reasons for that failure;

3.  If the protest was timely filed and provides the information required by Subsection 5.34.740 B.2., 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.  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.

D.  Optional City Response:  In addition to the requirements of Subsection 5.34.740 C., the City may take any or all of the following:

1.  Agree with the Protest and take any corrective action necessary;     

2.  Issue a Written response to the protest and provide that decision to the Affected Person; 

3.  Refer the protest and any response to the Board of Appeals for decision.  

4.  Refer the protest and any response to the City Council for decision; or

5.  Take any other action that is in the best interest of the City while giving full consideration to the merits of the protest

E.  Judicial Review.  An Affected Person may not seek judicial review of any violations covered by this rule unless it fully has complied with the protest requirements of this rule and has exhausted all avenues of appeal provided by the Chief Procurement Officer.