Section 12-6.204 - Protest of Solicitations or Awards(1) Scope This section applies to:
(a)a protest of a solicitation or award of a contract addressed to the Procurement Review Board by an aggrieved actual or prospective bidder or offeror, or a contractor; and(b) an appeal addressed to the Board of a decision under Section 6.101.03.(2) Time Limitations on Filing a Protest or an Appeal(a) For a protest under Subsection (1)(a) of this section, the aggrieved person shall file a protest with the Board within 7 days after the aggrieved person knew or should have known of the facts and circumstances upon which the protest is based.(b) For an appeal under Subsection (1) (b) of this section, the aggrieved person shall file an appeal within seven days of receipt of a decision under Section 6.101(3).(3) Decision On any direct protest under Subsection (1)(a) of this section or appeal under Subsection (1)(b) of this section, the Board shall promptly decide whether the solicitation or award was in accordance with the Constitution, statutes, regulations, and the terms and conditions of the solicitation. The proceeding shall be de novo. Any prior determinations by administrative officials shall not be final or conclusive.
(4) Standard of Review for Factual Issues A determination of an issue of fact by the Board under Subsection (3) of this section shall be final and conclusive unless arbitrary, capricious, fraudulent, or clearly erroneous.