Ala. Admin. Code r. 355-4-6-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 355-4-6-.01 - Authority To Resolve Protested Solicitations And Awards

(1) Protester. Protester means any bona fide actual or prospective bidder or offeror who is aggrieved in connection with the solicitation or the award of a contract and who files a protest.

(2) Filing of Protest.

(a) When Filed. A protest is considered filed when received by the Chief Procurement Officer.

(b) Subject of Protest. Protesters may file a protest on any phase of solicitation or award including but not limited to specifications preparation, bid solicitation, or award. Protesters may also protest the disclosure of information marked confidential in the bid or offer if the disclosure provided a party with an unfair competitive advantage.

(c) Form. The written protest shall include as a minimum the following:

1. the name and address of the protester and the email address of the protester's representative;

2. appropriate identification of the procurement, and, if a contract has been awarded, its number;

3. a statement of the grounds of the protest and the relief requested with enough particularity to give notice of the issues to be decided; and

4. 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.

(3) [Reserved.]

(4) Stay of Procurements During Protest. When a protest has been timely filed and before an award has been made, the Chief Procurement Officer or the head of a Purchasing Agency shall make no award of the contract until the protest has been settled unless the Chief Procurement Officer makes a written determination, after consulting with the head of the Using Agency or the head of the Purchasing Agency, that the award of the contract without delay is necessary to protect substantial interests of the State.

(5) Decision by the Chief Procurement Officer. A decision on a protest shall be made by the Chief Procurement Officer as expeditiously as possible after receiving all relevant, requested information.

(6) Effect of Judicial or Administrative Proceedings.

If an action concerning the protest has commenced in court, the Chief Procurement Officer shall not act on the protest but refer the protest to the Attorney General. After consulting with the Attorney General, the Chief Procurement Officer may proceed with a solicitation or award of a contract in accordance with Code of Ala. 1975, § 41-4-16 l(f). This Section shall not apply where a court requests the decision of the Chief Procurement Officer or the head of a Purchasing Agency.

Ala. Admin. Code r. 355-4-6-.01

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 09, June 30, 2022, eff. 8/14/2022; operative 10/1/2022.

Author: Department of Finance, Legal Division

Authority:Code of Ala. 1975, §§ 41-4-161.