D.C. Mun. Regs. tit. 19, r. 19-4378

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 19-4378 - PROTESTS
4378.1

All protests by interested parties shall be filed in writing and submitted to the CCO. For protest purposes, an "interested party" means an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.

4378.2

A protestor shall file the protest within seven (7) working days after the protestor knew or should have known, whichever is earlier, of the facts and circumstances upon which the protest is based.

4378.3

The Library shall not consider protests filed after seven (7) working days. The CCO shall issue a written decision on the protest within ten (10) working days after receipt of the protest.

4378.4

Each protest filed with the CCO shall identify the solicitation or contract number and shall include the name, address and phone number of the protestor.

4378.5

The protest shall provide a concise discussion of the grounds of the protest and a specific request for a ruling from the CCO. The protest shall include an original signed by the protestor or its representative.

4378.6

The protestor or representative shall serve the protest on the Library by obtaining written and dated receipt from the Executive Director/Chief Librarian or designee.

4378.7

The Executive Director/Chief Librarian may request additional information in support of the protest.

4378.8

When a protest is timely filed with the Library prior to an award, the Executive Director/Chief Librarian shall withhold the award of the contract, pending a decision by the Library's Contracts Review Committee, unless the President of the Library Board of Trustees overrides the automatic stay.

4378.9

The Executive Director/Chief Librarian shall notify bidders/offerors when the Executive Director/Chief Librarian withholds the award pending disposition of the protest.

4378.10

If applicable, the Executive Director/Chief Librarian may request bidders or offerors, before expiration of the time for acceptance of their bid or offer, to extend the time for acceptance to avoid the need for a resolicitation.

4378.11

The protestor may appeal the written decision of the Executive Director/Chief Librarian within ten (10) working days after receipt of the written decision to the Contracts Review Committee.

4378.12

The Contracts Review Committee shall issue a written decision within thirty (30) calendar days after receipt of the appeal. Any failure by the Contracts Review Committee to issue a written decision within the thirty (30) calendar days shall constitute a denial of the protest and shall authorize the contractor to appeal the protest to the Contract Appeals Board.

4378.13

Upon written request of the protestor, an informal hearing may be held at the sole discretion of the Contracts Review Committee.

4378.14

Each protestor intending to appeal the Contracts Review Committee's decision shall file an appeal to the District of Columbia Contract Appeals Board (CAB). In order for the CAB to consider the appeal, the protestor shall file the appeal within ten (10) working days after the protestor receives a written decision from the Contracts Review Committee.

4378.15

The CAB shall have exclusive jurisdiction to hear and decide protests and appeals from written decisions of the Contracts Review Committee.

4378.16

The contractor shall exhaust all administrative review procedures provided in this Section fully and properly before appealing to the CAB.

D.C. Mun. Regs. tit. 19, r. 19-4378

Final Rulemaking published at 55 DCR 493 (January 18, 2008)