Rule 672-21-.05 - Department Review and Determination(1) Upon the receipt of a completed Bid Protest Form, the Board of Review shall set a date and time for an informal hearing to be held in the matter and shall provide the Bid Protestor written notice.(2) An informal hearing shall be held in front of the Board of Review 14 calendar days after the receipt of a completed Bid Protest Form.(3) Documentary evidence and testimony may be presented at the informal hearing by the Department or Protesting Bidder.(4) Within 5 calendar days after the conclusion of the informal hearing, the Board of Review shall render a written Preliminary Decision and shall thereafter cause a copy of this Preliminary Decision to be served upon the Protesting Bidder.(5) Within 3 business days of receipt of the Preliminary Decision, the Protesting Bidder may request a formal hearing with the Commissioner. Failure to request a formal hearing within 3 business days after receipt of the Preliminary Decision shall act as waiver of any additional appeal rights of the Protesting Bidder and the Preliminary Decision of the Board of Review shall become the Final Decision. The request for a formal hearing shall be emailed to bidprotest@dot.ga.gov.(6) If a request for a formal hearing made pursuant to this Rule has been received, the Commissioner shall set a date and time for a hearing to be held in the matter and shall provide the Protesting Bidder written notice.(7) A hearing with the Commissioner shall be held 14 calendar days after the receipt of a valid request from the Protesting Bidder.(8) Within 5 calendar days after the hearing, the Commissioner shall issue a Final Decision and shall thereafter cause a copy of the Final Decision to be served upon the Protesting Bidder.(9) All written notices to the Protesting Bidder shall be served personally or to the mailing address, e-mail address, or facsimile number identified by the Bid Protestor on the Bid Protest Form.(10) If the Department determines in the Final Decision that the Bid Protest does not have merit, the Bid Protestor shall forfeit their Bid Protests Bond. If the Department determines in the Final Decision that the Bid Protest does have merit, the Bid Protest Bond shall not be forfeited and the Bid Protest Bond will be returned to the successful Bid Protester.Ga. Comp. R. & Regs. R. 672-21-.05
O.C.G.A. §§ 32-6-69, 50-13-4.
Original Rule entitled "Department Review and Determination" adopted. F. Nov. 19, 2020; eff. Dec. 9, 2020.