Exhibit_A_Director_Waiver_Discretionary_Action_Form_032023.pdf
PDF 124 KB Posted
- Attached to
- Sole Source - Hughes Fire
- Solicitation number
- S-KS0043-00006231
- Issued by
- Lane County, Oregon
About this file
This is a Justification for Waiver and Discretionary Action form issued by the Oregon Housing and Community Services Department (OHCS) that establishes protest procedures for procurements conducted under OAR 813-006-0040 requiring public notice. The document outlines the administrative remedies available to affected persons or offerors whose ability to participate in a procurement is adversely affected by a contracting agency decision. Interested parties must file a written protest with OHCS within seven calendar days after the first date of public notice of the procurement, unless a different protest period is specified in the procurement's public notice. Protests must be clearly labeled with the procurement name and number and delivered via email or mail to the OHCS Contracts office located at 725 Summer Street, Suite B, Salem, Oregon 97301.
The written protest must include a detailed statement of legal and factual grounds for the protest, a description of the resulting harm to the affected person, and the relief requested. OHCS may request additional information and will endeavor to provide a written response to a timely, qualifying protest within thirty days. The Department will not consider protests submitted after the established timeline and reserves the right to delay, terminate, modify, or take other action as deemed appropriate in response to a protest or subsequent judicial review. Judicial review of the Department's response is limited to grounds raised by the requestor in the original protest submission with OHCS. Filing a protest will not preclude the Department from moving forward with the procurement notice or award.
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| File | Type | Posted |
|---|---|---|
| SOLE SOURCE PUBLIC NOTICE HUGHES FIRE.pdf |
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Text version
STATE OF OREGON
HOUSING AND COMMUNITY SERVICES DEPARTMENT
JUSTIFICATION FOR WAIVER AND DISCRETIONARY ACTION
EXHIBIT A – PROTEST REQUIREMENTS
(Doc Version 03/2023) Page 1 of 2
Contact Information Oregon Housing and Community Services 725 Summer St. Suite B Salem, OR 97301 Email: OHCS.Contracts@hcs.oregon.gov
For all communication: Please reference the procurement name and number and mark the correspondence “PROTEST”.
Definitions “Affected Person” or “Affected Offeror” means a Person whose ability to participate in a Procurement is adversely affected by a Contracting Agency decision. See ORS 279B.410 (Protests of contract award).
“Days” means calendar days.
“Department” means Oregon Housing and Community Services or “OHCS” the department of the state of Oregon established pursuant to ORS 456.555 (Housing and Community Services Department established) and described in ORS 456.559 (Powers and duties of department).
Procedure
(1) Purpose. For procurements conducted under OAR 813-006-0040 requiring public notice, an Affected Person may protest the determination by the Department, before seeking judicial review, an Affected Person must file a Written protest with the Department and exhaust all administrative remedies.
(2) Delivery. Unless otherwise specified in the public notice of the OAR 813-006-0040 procurement, an Affected Person must deliver a written protest, email acceptable, to the Department at the address above within seven (7) Days after the first date of public notice of the OAR 813-006-0040 procurement, unless a different protest period is provided in the public notice of the associated procurement. The protest must be clearly labeled PROTEST with the procurement name and number.
(3) Content of Protest. The written protest must include:
(a)A detailed statement of the legal and factual grounds for the protest;
(b)A description of the resulting harm to the Affected Person; and (c)The relief requested.
(4) The Department may request additional information from the requestor with respect to its request and consider such other information as it deems appropriate.
(6) Department Response. The Department shall not consider an Affected Person’s OAR 813-006-0040 procurement protest submitted after the timeline established for submitting such protest under this procedure, or such different time period as may mailto:OHCS.Contracts@hcs.oregon.gov
STATE OF OREGON
HOUSING AND COMMUNITY SERVICES DEPARTMENT
JUSTIFICATION FOR WAIVER AND DISCRETIONARY ACTION
EXHIBIT A – PROTEST REQUIREMENTS
(Doc Version 03/2023) Page 2 of 2 be provided in the public notice of the OAR 813-006-0040 procurement. The Department will endeavor to provide a written response to a timely, qualifying request for review within thirty (30) days.
(7) If Department upholds the protest, in whole or in part, the Department shall not enter into the OAR 813-006-0040 procurement Contract.
(8) Judicial review of the Department response to a timely, qualifying request for review shall be limited to those grounds the requestor raised with the Department in its request for review.
(9) The filing of a request for review, or subsequent judicial review (if any), will not preclude the Department from moving forward with the notice or the award thereunder. However, the Department reserves the right to delay, terminate, modify, or take other action it determines to be appropriate with respect to a notice or any related award in response to a request for review or subsequent judicial review under this procedure.
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