W. Va. Code R. § 58-10-9

Current through Register Vol. XLI, No. 36, September 6, 2024
Section 58-10-9 - Protests
9.1. Submission of a Protest.
9.1.1. Protests based on bid specifications must be submitted no later than five working days prior to bid opening.
9.1.2. Protest of a purchase order or contract awards must be submitted no later than five working days after the award.
9.1.3. The vendor is responsible for knowing the bid opening and award dates. Protests received after these dates may be rejected by the Chief Procurement Officer.
9.1.4. All protests must be submitted in writing to the Chief Procurement Officer in Property and Procurement Office and contain the following information:
9.1.4.a. The name and address of the protestor.
9.1.4.b. The requisition, solicitation, purchase order or contract numbers.
9.1.4.c. A statement of the grounds of protest.
9.1.4.d. Supporting documentation, if necessary.
9.1.4.e. The resolution or relief sought.
9.1.5. Failure to submit this information shall be grounds for rejection of the protest by the Chief Procurement Officer.
9.2. Protest Review.
9.2.1. The Chief Procurement Officer, or his or her designee, shall review the matter of protest and issue a written decision.
9.2.1.a. A hearing may be conducted at the option of the Chief Procurement Officer or assigned designee.
9.2.1.b. Continuation or delay of a purchase order or contract award is at the discretion of the Chief Procurement Officer.
9.2.2. The Property and Procurement Office 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 it has been decided in a previous protest by the Property and Procurement Office.

W. Va. Code R. § 58-10-9