Review of Suitability Determinations

(1) The Department reserves the right to review suitability determinations as changes in rules, laws, market conditions and OFC contractor performance occur. Information that was not available to the Department during the initial determination that negatively impacts the suitability of the product or service may also cause a review. The review may result in removal of the product or service from the Procurement List. An OFC may appeal a decision to remove a product or service from the Procurement List in the manner provided in OAR 125-055-0020(4). (2) An Agency and an OFC may not alter the character or scope of the product or service so that it no longer is essentially the same product or service that was the subject of the suitability determination. In cases where such a change is sought, the Agency or the OFC must first request and receive from the Department a new or amended determination that the product or service, as changed, is suitable under OAR 125-055-0020(2). In cases where the change in specifications or amendment appears to affect the Price of a product or service as determined under OAR 125-055-0030, the Department also may conduct a new Price determination in response to the request. Statutory/Other Authority: ORS 279.845(1) & 184.340 Statutes/Other Implemented: ORS 279A.025(4) & 279.835 - 279.855 History: DAS 6-2020, amend filed 11/30/2020, effective 12/01/2020 DAS 3-2020, temporary amend filed 09/22/2020, effective 09/22/2020 through 03/20/2021 DAS 3-2010, f. & cert. ef. 10-8-10 DAS 8-2005, f. & cert. ef. 6-21-05 DAS 6-2004(Temp), f. & cert. ef. 12-28-04 thru 6-24-05 DAS 4-2003, f. & cert. ef. 9-8-03