W. Va. Code R. § 106-22-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 106-22-5 - Vendor complaints and protests

5.1. Complaints - A vendor may verbally or in writing complain about a procurement or purchase to the agency. The agency will provide a written response to the complaint.

5.2. Protests

5.2.1. Types of Protests

5.2.1.a. Protests of Requirements, Specifications or Terms - Any protest relating to a procurement document, including any requirement, specification, or term, or any combination thereof, must be filed in writing with DFI no later than five business days prior to the specified bid opening date and time. Protests received after that date shall not be considered.

5.2.1.b. Direct Awards - Any vendor desiring to protest the specifications of a planned direct award may do so prior to five working days before the direct award process opening date. Any vendor desiring to protest a direct award may do so within five working days of the direct award.

5.2.2. Written Letter of Protest - A letter of protest must be submitted in writing and contain the name and address of the protesting vendor, the procurement document number, a statement explaining why the protest has been filed, the relief sought, and any other information that may assist the agency in reaching a decision on the matter. The agency must receive the letter of protest by the established deadline to be considered.

5.2.3. Review of Protest and Issuing Decision - The agency shall review the letter of protest and issue a written decision. The agency may contact the protesting vendor or any other entity or perform such research or investigation it considers necessary to reach a decision. Evaluation or award of the contract may be delayed as considered appropriate by the agency.

W. Va. Code R. § 106-22-5