Protest and Appeal Procedures

PURPOSE: This rule prescribes procedures for bidders to protest a department decision regarding the award of contract(s), as a result of a competitive Invitation for Bid process. (1) A bid award protest must be submitted in writing to the division director, or their designee, for which the services are to be purchased (directors of the Division of Developmental Disabilities or Division of Behavioral Health). Award protests must be received by the department within ten (10) business days after the date of award. If the tenth day falls on a Saturday, Sunday, or state holiday, the period shall extend to the next state business day. A protest submitted after the ten- (10-) business day period will not be considered. (A) The written protest must include the following information: 1. Name, address, and phone number of the protester; 2. Signature of the protester or the protester’s representative; 3. Solicitation number; 4. Detailed statement describing the grounds for the protest; and 5. Supporting exhibits, evidence, or documents to substantiate claim. (B) A protest which does not contain the information specified in this rule may be denied solely on that basis. (C) All protests filed in a timely manner will be reviewed by the division director or designee. The division director or designee will only issue a determination on the issues asserted in the protest. (D) A protest that is untimely or fails to establish standing to protest will be summarily denied. In other cases, the determination will contain findings of fact, an analysis of the protest, and a conclusion that the protest will either be sustained or denied. If the protest is sustained, remedies include canceling the award. If the protest is denied, no further action will be taken by the department. AUTHORITY: sections 34.100, 630.050, and 630.405, RSMo 2016.* Original rule filed Oct. 16, 1986, effective July 13, 1987. Emergency amendment filed May 15, 1990, effective May 25, 1990, expired Sept. 21, 1990. Amended: Filed Aug. 14, 1990, effective March 14, 1991. Amended: Filed Dec. 12, 2001, effective June 30, 2002. Amended: Filed Feb. 23, 2018, effective Sept. 30, 2018. *Original authority: 34.100, RSMo 1945, amended 1983, 1995; 630.050, RSMo 1980, amended 1993, 1995, 2008; and 630.405, RSMo 1980, amended 1993, 1995, 2001, 2011.