Current through Register Vol. XLI, No. 25, June 21, 2024
Section 90-10-8 - Protests8.1. Submission of Protest.8.1.1. Protests based on bid specifications must be submitted no later than five (5) working days prior to bid opening.8.1.2. Protest of a purchase order or contract award must be submitted no later than five (5) working days after the award.8.1.3. 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 Director or designee.8.1.4. All protests must be submitted in writing to the Purchasing Office and contain the following information: 8.1.4.a. The name and address of the protestor.8.1.4.b. The requisition, solicitation, purchase order or contract numbers.8.1.4.c. A statement of the grounds of protest.8.1.4.d. Supporting documentation, if necessary.8.1.4.e. The resolution or relief sought.8.1.5. Failure to submit this information shall be grounds for rejection of the protest by the Director or designee.8.2. Protest Review. 8.2.1. The Director or designee shall review the matter of protest and issue a written decision. 8.2.1.a. A hearing may be conducted at the option of the Director or designee.8.2.1.b. Continuation or delay of a purchase order or contract award is at the discretion of the Director or designee.8.2.2. The Director or 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 it has been decided in a previous protest by the Purchasing Office.8.3. Master Contract and Direct Award Protests.8.3.1. 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) working days before the direct award process opening date.8.3.2. Any vendor desiring to protest the award of a master contract or direct award may do so within five (5) working days of the master contract award and within five (5) working days of the direct award.8.4. All protests, regardless of dollar amount should be directed to the Purchasing Office and any protests incorrectly submitted to the Agency Sections must be forwarded by the Agency Sections to the Purchasing Office for further review. 8.4.1. A protest incorrectly delivered to the Agency Sections will not be considered received until it reaches the Purchasing Office. Responsibility for delivery of the protest to the Purchasing Office shall remain with the protesting vendor. An Agency Section's failure to deliver the protest to the Purchasing Office shall not be grounds for extending the time for receipt of protests.