Section 4-12-14-03 - Appeals of protest decisions1. The aggrieved party may appeal the decision of the procurement officer to the director or designee within seven calendar days after receiving notice of the decision. a. The director or designee has seven calendar days to review the protest and render a decision in writing. If the appeal is submitted on a weekend or state holiday, the seven-day period will commence on the first working day after the appeal was submitted. b. During the time the appeal 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. c. If the protest is not resolved by mutual agreement, the director or designee will promptly issue a decision in writing stating the reasons for the action taken and informing the protestant of its right to judicial or administrative review, if any, as provided by the laws of North Dakota. d. A decision under this subsection is final and conclusive. 2. If the protest is sustained, the director or designee has the authority to resolve the protest in the best interests of the state. a. Remedies may include cancellation and reissue of a solicitation, amendment of a solicitation and evaluation criteria, and cancellation of a contract award. b. When a protest is sustained and the protesting bidder or offeror should have been awarded the contract under the solicitation but is not, a bidder or offeror may not recover profits that it anticipates would have been made if that party had been awarded the contract. Any other settlement of relief must be referred to the office of the attorney general. 3. Frivolous protests may be cause for suspension or debarment from consideration of contract award for a period of up to three years. A written determination by the state procurement manager is required for this action. 4. Nothing in this section is intended to affect the power of the attorney general to settle actions pending before the courts. N.D. Admin Code 4-12-14-03
Effective August 1, 2004.General Authority: NDCC 54-44.4-04
Law Implemented: NDCC 54-44.4-04, 54-44.4-12