W. Va. Code R. § 170-6-27

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 170-6-27 - Protests

27.1. All protests must be submitted in writing to the Director and the Chief Hearing Examiner, and contain all of the following information:

27.1.1. The name and address of the protestor;

27.1.2. The requisition, solicitation, purchase order or contract numbers;

27.1.3. A statement of the grounds of protest;

27.1.4. Supporting documentation, if necessary; and

27.1.5. The resolution or relief sought.

27.1.6. Failure to submit this information shall be grounds for rejection of the protest by the Department of Homeland Security, Office of Administrative Hearings, Chief Hearing Examiner.

27.2. The Director, upon receipt of a protest, shall forward the protest, along will all documentation regarding the purchase or award, to the Department of Homeland Security, Office of Administrative Hearings, Chief Hearing Examiner.

27.3. Timeframe for Submission of Protest:

27.3.1. Protests based on bid specifications must be submitted no later than five (5) working days prior to bid opening.

27.3.2. Protest of a purchase order or contract award must be submitted no later than five (5) working days after the award.

27.3.3. The vendor is responsible for knowing the bid opening and award dates. Protests received after these dates may be rejected at the option of the Chief Hearing Examiner of the Department of Homeland Security Office of Administrative Hearings.

27.3.4. Continuation or delay of a purchase order or contract award is at the discretion of the Director.

27.3.5. Master Contract and Direct Award Protests:

27.3.6. Any vendor desiring to protest the specifications of a master contract, or the direct award process may do so prior to five (5) working days before the master contract opening date and five (5) business days before the direct ordering process opening date.

27.3.7. Any vendor desiring to protest the award of a master contract or direct order may do so within five (5) working days of the master contract award and within five (5) business days of the direct order award.

27.3.8. Responsibility for delivery of the protest to the Director shall remain with the protesting vendor. The Procurement Section or DAS Purchasing Section's failure to deliver the protest to the Director shall not be grounds for extending the time for receipt of protests.

27.4. Protest Review:

27.4.1. The Department of Homeland Security, Office of Administrative Hearings, Chief Hearing Examiner, or his or her designee, upon receipt of a protest, shall:

27.4.1.a. Set the protest for hearing within ten (10) business days of receipt of protest;

27.4.1.b. If not rejected as set forth in this section, review the matter of protest, and issue a written decision.

27.4.2. The Department of Homeland Security, Office of Administrative Hearings, Chief Hearing Examiner, or his or her designee, may refuse to review any protests when the matter involved is the subject of litigation before a court of competent jurisdiction; if the merits have previously been decided by a court of competent jurisdiction; or if the matter has been decided in a previous protest to the Procurement Section or DAS Purchasing Section.

W. Va. Code R. § 170-6-27