Section 4-12-14-02 - Resolution of protested award or intent to awardA bidder or offeror that has submitted a response to a solicitation and is aggrieved may protest an award or notice of intent to award in accordance with the following provisions:
1. The aggrieved party shall submit a written protest to the procurement officer that clearly identifies the solicitation, award or proposed award, and the details of the nature of the protest. 2. The protest must be received within seven calendar days after the aggrieved party knew or should have known of the facts giving rise to the protest. Seven days after award or issuance of a notice of intent to award, it will be assumed that all interested parties knew or should have known all the facts surrounding the solicitation. 3. During the time the protest is being considered, the award will be stayed, unless a written determination is made that award without delay is necessary to protect the interests of the state. Written notice of the protest and stay of award will be sent to the successful bidder or offeror. 4. The procurement officer has seven calendar days to review the protest and render a written decision. The procurement officer may extend the protest review period by no more than seven calendar days and will send written notice to the aggrieved party of the extension. 5. The aggrieved party has seven calendar days to appeal the decision of the procurement officer. N.D. Admin Code 4-12-14-02
Effective August 1, 2004.General Authority: NDCC 54-44.4-04
Law Implemented: NDCC 54-44.4-04, 54-44.4-12