R33-108-101f. Contesting a Notice of Intent to Award a Contract Without Engaging in a Standard Procurement Process

(1) A person may contest the notice of intent to award a contract without engaging in a standard procurement process before the closing of the public notice period set forth in Section 63G-6a-112 by submitting the following information in writing to the procurement official: (a) the name of the contesting person; and (b) a detailed explanation of the contest, including documentation that: (i) there are other competing sources for the procurement item; (ii) transitional costs are not significant, unreasonable, or cost-prohibitive; or (iii) a standard procurement process is in the best interest of the conducting procurement unit. (2) Upon receipt of a contest of an award of a contract without engaging in a standard procurement process, the procurement official shall conduct an investigation to determine the validity of the contest and make a written determination either supporting or denying the contest. (a) If a contest is upheld, the procurement unit shall conduct a standard procurement process for the procurement item being considered or cancel the procurement; (b) If a contest is not upheld, the procurement unit may proceed with awarding a contract without engaging in a standard procurement process. (3) A vendor's right to file a protest under Title 63G, Chapter 6a; Part 16, Protests, is not waived by a vendor's actions to contest a procurement unit's notice of intent to award a contract without engaging in a standard procurement process under Section R33-108-101f.