220 R.I. Code R. 220-RICR-30-00-1.6

Current through December 26, 2024

Section 220-RICR-30-00-1.6 - RESOLUTION OF PROTESTS

A. "Bid protest" means a protest, complaint or challenge by an aggrieved actual or prospective bidder or offeror (hereinafter "protestor") in connection with the solicitation or selection for award of a contract for the purchase of goods, services, and or public works projects by a state agency and or the division of purchases. For the purpose of these regulations the term "aggrieved" shall mean that the protestor has an economic interest which will be adversely impacted by the solicitation or award of a contract.

B. For the purpose of these regulations notice of a bid protest pursuant to R.I. Gen. Laws § 37-2-52 must be filed with the chief purchasing officer by the protestor, addressed as follows:

Chief Purchasing Officer (BID PROTEST)

c/o Office of the Director

Department of Administration One Capitol Hill

Providence, RI 02908

1. In addition, a true and accurate copy thereof must be filed with:

Division of Legal Services (BID PROTEST)

Department of Administration

One Capitol Hill Providence, RI 02908.

2. A bid protest may be filed by U.S. Mail, hand-delivery, courier service or facsimile, but may not be filed by electronic mail ("e-mail"). For the purposes of these regulations the date of "filing" shall be the date that a protest is actually received by the chief purchasing officer.

C. The protester's notice to the chief purchasing officer shall clearly state that it is a bid protest, and at a minimum shall include the following information:

1. the name, street address, e-mail address, telephone and facsimile numbers of the protester (or its representative, if any);

2. original signature of the protestor or its representative;

3. identity of the contract, solicitation or award at issue;

4. a detailed statement of facts and circumstances that gave rise to the protest, together with copies of any available relevant documents;

5. all information establishing that the protestor is an aggrieved party for the purpose of filing a protest;

6. citations to any relevant statutes or regulations; and,

7. a brief statement as to the form of relief requested; and,

8. a statement of whether the protestor has submitted a request for the disclosure of public records that are pertinent to the bid protest, and if such a request has been submitted, a copy thereof. A protest that fails to contain the required information may be denied.

D. Timeliness of Bid Protest.

1. A bid protest must be filed in accordance with § 1.6.2 of this Part and within the following time limits:

a. Bid protests regarding the form or content of solicitation documents must be received by the chief purchasing officer not later than fourteen (14) calendar days before the date set in the solicitation for receipt of bids. If grounds for a bid protest did not exist at the initial solicitation, but arose as the result of an amendment to the solicitation, then the bid protest must be received by the chief purchasing officer no later than fourteen (14) calendar days before the next closing time established for receipt of bids. If the date set in the solicitation for receipt of bids is less than fourteen (14) calendar days from issuance, a bid protest concerning the form or content of the solicitation documents must be received by the chief purchasing officer not less than forty-eight (48) hours before the date set for receipt of bids.

b. In all other cases, protests must be received by the chief purchasing officer not later than fourteen (14) calendar days after the protester knew or should have known, whichever is earlier, the facts giving rise to a protest.

c. For bid protests regarding the form or content of the solicitation documents, the facts giving rise to the protest shall be presumed to be known to the protester on the date the solicitation, or an amendment thereto, was posted to the division of purchases' procurement web site. For bid protests arising from bid opening procedures and or award of the contract, the facts giving rise to the protest shall be presumed to be known to the protester on either the date of bid opening or the date the contract award was posted to the division of purchases' procurement web site.

d. New factual allegations made after the initial protest without a new and separate showing of timeliness shall be deemed to be untimely.

e. The fourteen (14) day period in which to file a protest does not include the day on which the alleged basis for protest arises. If the last calendar day within which a protest is to be filed falls on a Saturday, Sunday, state holiday or a day when the state or division of purchases is closed, the period in which to file a protest is extended to the next day not a Saturday, Sunday, state holiday or when the state or division of purchases is not closed.

E. Protests of different contract solicitations or awards must be filed separately.

F. Upon receipt of a bid protest timely filed neither the contracting agency, nor the division of purchases shall proceed further with the solicitation or award of a contract, until the chief purchasing officer issues a written determination that authorizes the contracting agency or the division of purchases to proceed with the solicitation or award as being necessary to protect a substantial interest of the state.

G. The chief purchasing officer shall issue a written determination in response to a bid protest within thirty (30) calendar days of the receipt thereof. The chief purchasing officer reserves the right to waive or extend the time requirements for such written determination when, in his/her sole judgment, circumstances so warrant.

H. The chief purchasing officer's written determination shall state whether the protest is granted or denied, the reasons therefore and any action(s) to be taken in response thereto. A copy of the chief purchasing officer's written determination shall be mailed to the protestor.

I. In the event that the protestor requests access to documents relating to the solicitation or award pursuant to the "Access to Public Records Act," R.I. Gen. Laws § 38-2-1, et seq . in conjunction with the bid protest, then the chief purchasing officer may defer issuing his written determination until thirty (30) days after the response(s) to the APRA request has been issued.

220 R.I. Code R. 220-RICR-30-00-1.6

Amended effective 11/29/2018