D.C. Mun. Regs. tit. 7, r. 7-1615
Applicability. All protests and disputes involving the procurement rules, policies and procedures of the Board shall be resolved in accordance with these Rules. Each solicitation issued by the Board shall inform prospective bidders or offerors of their rights and responsibilities related to protest and disputes in accordance with these Rules. Each Board solicitation or contract shall contain protest and dispute clauses, approved by the Chief Contracting Officer.
Protests and Disputes. Where a protest arises involving a solicitation in which the Board acknowledges that a mistake or deficiency exists, the Executive Director may, in lieu of accepting the protest, elect to cancel and re-issue the solicitation, in whole or in part, to cure the mistake or deficiency. Where a dispute arises involving a Board contract or agreement, the Board shall first attempt to resolve the matter by informal discussions between the Contracting Officer and the contractor. These Rules do not authorize the Board to settle, compromise, pay, or otherwise adjust any claim involving fraud.
The Executive Director shall review all protests and disputes involving solicitations or awards with a dollar value equal to or less than one hundred thousand dollars ($100,000).
Protests and disputes involving solicitations or awards with a dollar value greater than one hundred thousand dollars ($100,000) shall be heard and decided by the District of Columbia Contract Appeals Board, pursuant to a written agreement between the District of Columbia Retirement Board and the District of Columbia Contract Appeals Board, in accordance with 27 DCMR § 101.8 The provisions of Title 27, Chapters 1, 2, 3 and 4, govern proceedings in cases filed with CAB.
To initiate a protest or dispute, a vendor must:
All protests and disputes must be made in writing, signed by the protester or the protester's authorized representative, and include:
All protest and dispute communications shall be sent by means reasonably calculated to effect timely delivery and provide for delivery confirmation; this includes electronic delivery. The Board reserves the exclusive right to determine acceptable methods of delivery.
Time Limitations.
Protesters initiating a protest or dispute in accordance with §1615.5 shall receive written acknowledgement of the Board's acceptance or denial of the protest or dispute. The Board reserves the exclusive right to determine whether a protest or dispute is filed in accordance with §1615.5 and to deny any protests or disputes it determines not to have been filed in accordance with §1615.5. The Board may allow a protester to cure deficiencies in its filings where doing so is in the Board's best interest.
When a protest or dispute is accepted by the Board, the Contracting Officer shall give notice of the protest or dispute to parties reasonably known by the Board to be impacted by the initiation of the protest or dispute, including actual or prospective bidders or offerors with reasonable prospect of receiving an award.
An award may be made, and performance under a Board contract or agreement may diligently proceed, while a protest or dispute is pending. The Executive Director shall provide a written determination describing any impediment(s) to the Board's functions if the award or performance under a Board contract or agreement is delayed until the protest or dispute is resolved.
An award may be made while a protest is pending. The Executive Director shall provide a written determination describing any impediment(s) to the Board's functions if the award is delayed until the protest is resolved. Unless the Executive Director temporarily suspends work when a dispute is filed, Board contracts and agreements shall require the contractor to initiate or proceed diligently with performance while a dispute is pending final decision, action, or settlement.
Report of Protest or Dispute Claim. Within fifteen (15) business days of the Board's acceptance of a protest or dispute, the Contracting Officer shall submit a Report of Protest or Dispute Claim ("Protest Report") to the Executive Director and to the protester which shall include, where relevant to the particular protest or dispute:
The Executive Director may require the Contracting Officer to supplement the Protest Report with any information material to the Executive Director's consideration of the protest or dispute. The Protest Report and any documentation or exhibits provided in connection with a protest or dispute shall be treated as confidential; however, the protester shall clearly identify for the Board any information, documents or exhibits which the protester reasonably considers confidential and proprietary.
Exhibits to the Protest Report shall be arranged in chronological order, where practicable, numbered sequentially, tabbed, and indexed to identify the contents of the file.
The Protest Report shall be considered a part of the record upon which the Executive Director will render a decision.
The Chief Contracting Officer may request an extension of the deadline for filing the Protest Report and shall supply an explanation of why an extension is needed. Extensions are to be considered exceptional and will be granted only for good cause.
Within five (5) business days after receipt of the Protest Report, the protester may file a reply or response to either which shall provide the protester's factual and legal opposition to the Protest Report.
The protester shall supply all parties with a copy of the protester's reply or response to the Protest Report.
If the protester does not file a reply or response to the Protest Report or does not request an extension of time for filing, the Executive Director may treat the Protest Report's statement of facts, not otherwise contradicted by the protest or dispute, and the exhibits included therein, as agreed to by the parties.
The Executive Director may dismiss, at any stage of any protest or dispute, any portion of a protest or dispute, he or she deems frivolous.
Discovery. Discovery in protest cases shall be permitted only with approval by the Executive Director and is available only to the protester and the Board.
Conference. A conference may be held at the discretion of the Executive Director upon the request of the protester or the Contracting Officer. The Executive Director may require or permit the submission of supplemental information or documentation after the conference has been completed.
The conference is intended to allow the Executive Director and the parties to discuss matters relevant to the protest including, but not limited to:
Protest and Dispute Decisions. The Executive Director shall issue a decision in writing, based solely on the record, and transmit to the protester and Contracting Officer. The record upon which the Executive Director shall base his or her decision shall include:
The protest or dispute decision of the Executive Director shall be final and not subject to review unless an appeal, pursuant to, and in accordance, with these Rules is timely commenced. A protester may seek an administrative hearing to review the Executive Director's decision by filing a petition with the District of Columbia Contracts Appeal Board.
Remedies. Where the protest or dispute decision concludes that the solicitation, proposed award, or award does not comply with these Rules, applicable law, or terms and conditions of the solicitation or contract, the Executive Director may prescribe one or more of the following where relevant:
In determining an appropriate remedy, the Executive Director shall select a remedy which reflects:
The Executive Director shall not award a protester's bid or proposal preparation costs, costs of pursuing the protest, or related legal fees.
Appeals. Appeals of protests and disputes shall be heard and decided by the District of Columbia Contract Appeals Board, pursuant to a written agreement between the District of Columbia Retirement Board and the District of Columbia Contract Appeals Board, in accordance with 27 DCMR § 101.8 The provisions of Title 27, Chapters 1, 2, 3 and 4, govern proceedings in cases filed with CAB.
D.C. Mun. Regs. tit. 7, r. 7-1615