N.D. Admin. Code 4-12-14-01

Current through Supplement No. 394, October, 2024
Section 4-12-14-01 - Resolution of protested solicitations

The following provisions must be followed by any actual or prospective bidder or offeror that is aggrieved in connection with a solicitation:

1. The aggrieved party shall submit a protest to the procurement officer in written form, clearly identifying the solicitation and the details of the nature of the protest.
2. When the solicitation contains a deadline for submission of questions and requests for clarifications, protests of the solicitation will not be allowed if these faults have not been brought to the attention of the procurement officer before the specified deadline. If no deadline for questions is specified, protests based on defects in the solicitation must be made at least seven calendar days before the deadline for receipt of bids or proposals.
3. The procurement officer has seven calendar days to review the protest and to render a written decision. The procurement officer may extend the protest review period by no more than seven days and will send written notice to the aggrieved party of the extension.
4. The procurement officer has the authority to cancel or amend a solicitation prior to the opening date and to delay the subsequent opening date.
5. During the time the protest and appeals are being considered, the solicitation period will be extended if not resolved before the opening date.
6. The aggrieved party has seven calendar days to appeal the decision of the procurement officer.

N.D. Admin Code 4-12-14-01

Effective August 1, 2004.

General Authority: NDCC 54-44.4-04

Law Implemented: NDCC 54-44.4-04, 54-44.4-12