Protests

Section 1300 Section 1300.5550  Protests a)         Protest Resolution by Procurement Officer An actual or prospective bidder, offeror, or contractor that may be aggrieved in connection with a procurement may file a protest on any phase of solicitation or award, including but not limited to specifications preparation, bid solicitation, or award. b)         Complaints Complainants should seek resolution of their complaints initially with the OAG.  Complaints may be made verbally or in writing. c)         Filing of Protest 1)         Protests shall be made in writing to the Procurement Officer, if applicable, and shall be filed within 7 days after the protester knows or should have known of the facts giving rise to the protest.  A protest is considered filed when physically received by the Procurement Officer.  Protests filed after the 7 day period shall not be considered.  In regard to a protest regarding specifications, the protest must be received within 7 days after the date the solicitation was issued, and in any event must be received by the OAG at the designated address before the date for opening of bids or proposals. 2)         To expedite handling of protests, the envelope should be labeled "Protest."  The written protest shall include as a minimum the following: A)        the name and address of the protester; B)        appropriate identification of the procurement, and, if a contract has been awarded, its number; C)        a statement of reasons for the protest; and D)        supporting exhibits, evidence, or documents to substantiate any claims unless not available within the filing time, in which case the expected availability date shall be indicated. d)         Requested Information; Time for Filing Any additional information requested by the OAG shall be submitted within the time periods established by the requesting source in order to expedite consideration of the protest.  Failure of the protesting party to comply expeditiously with a request for information by the CPO or the Purchasing Officer may result in resolution of the protest without consideration of that information. e)         Stay of Procurements During Protest When a protest has been timely filed and before an award has been made, the Procurement Officer shall make no award of the contract until the protest has been resolved, unless the CPO makes a written determination, after consulting with the Purchasing Officer, that the award of the contract without delay is necessary to protect the interests of the State. f)         Decision by the Procurement Officer Time for Decisions.  A decision on a protest shall be made by the Procurement Officer as expeditiously as possible after receiving all relevant, requested information.  If a protest is sustained, the available remedies include, but are not limited to, reversal of award and cancellation or revision of the solicitation. g)         Effect of Judicial or Administrative Proceedings If an action concerning the protest has commenced in court, the Procurement Officer shall not act on the protest but shall refer the protest to the Chief of the General Law Bureau in the Office of the Attorney General.