D.C. Mun. Regs. tit. 19, r. 19-309

Current through Register Vol. 71, No. 37, September 13, 2024

Rule 19-309 - PROTESTS

309.1

An actual or prospective offeror or bidder whose direct economic interests would be affected by the award of, or the failure to award, a procurement, is an interested party with standing to assert a claim that the solicitation or award of, or the failure to award, the procurement, is contrary to law or these regulations by filing a written protest with the CCO.

309.2

In order to be timely, a protest shall be filed:

(a) in the case of an alleged defect in an invitation for bids or request for proposals, before the time set for bid opening or for the receipt of proposals; or

(b) in all other cases, within seven days after the protestor knew or should have known of the alleged defect or other ground for protest.

309.3

Each protest shall be signed by the protestor or the protestor's authorized representative, and shall contain: the name, address and telephone number of the protestor; identification of the procurement activity, including the number of any solicitation or contract; a concise statement of the facts which are the basis of the protest; and a specific request for action by the CCO.

309.4

The CCO shall not consider any protest that is not filed within the time requirements of section 309.2.

309.5

The CCO shall issue a written decision on each timely protest within ten days of receipt. Failure to issue a decision within ten days shall be deemed to be a denial of the protest for the purpose of appealing the Authority's final decision to the District of Columbia Contract Appeals Board.

309.6

If the CCO determines in the CCO's sole discretion that it is in the best interests of the Authority, the CCO may grant an extension of time to accept bids or awards, withhold award of a contract, or seek suspension of performance of an awarded contract, if it appears that the protest has merit.

309.7

An interested party may appeal the CCO's decision to the District of Columbia Contract Appeals Board, which shall have exclusive jurisdiction to review final action of the Authority on any protest.

D.C. Mun. Regs. tit. 19, r. 19-309

Final Rulemaking published at 44 DCR 4907, 4916-17 (August 22, 1997); and as amended by Final Rulemaking at 49 DCR 10814 (November 29, 2002)

Notice of Final Rulemaking published at 58 DCR 9261 renamed chapter 3, "Washington Convention and Sports Authority: Procurement." Chapter 3 was formerly entitled, "Washington Convention Center: Procurement."

Authority: The Board of Directors of the Washington Convention Center Authority, pursuant to section 203 of the Washington Convention Center Authority Act of 1994, D.C. Law 10-188, D.C. Code § 10-1201.03.