Current through Register Vol. XLI, No. 50, December 13, 2024
Section 115-9-8 - Vendor challenges to contracts8.1. Should any vendor desire to challenge an award of a contract, the vendor must submit to the Director no later than 5 business days after the award a written protest including the name and address of the protestor; the solicitation number or contract number; a thorough statement of the grounds upon which the protest is made; any relevant supporting documentation; and the resolution or relief sought. Failure to submit this information shall be grounds for rejection of the protest by the Director.8.2. The Director or his/her designee shall review the matter of protest and issue a written decision. The decision shall be mailed to the vendor by certified mail, return receipt requested. The vendor may, within 10 business days of receipt of the Director's written decision, request a hearing. If requested by the vendor, a hearing will be scheduled and notice of the time, date, and location of the hearing will be provided in writing to the vendor at least 10 days before the hearing date. The hearing notice shall be given by depositing it in the United States mail, postage prepaid in an envelope addressed to the vendor at its last-known address. Proof of the giving of notice shall be made by certificate of service attached to the notice and maintained in the agency's file. Continuation or delay of the contract award is at the discretion of the Director.8.3. The hearing shall be conducted by a hearing officer appointed by the Director. The hearing officer has the power to subpoena witnesses, papers, records, documents, and other data and things in connection with the hearing and to administer oaths or affirmations in the hearing. At the hearing, the agency and the vendor shall be afforded an opportunity to review the evidence, cross-examine witnesses, and present testimony and enter evidence.8.4. Upon conclusion of the hearing, the hearing officer shall provide a recommended decision of findings of fact and conclusions of law to the Director. The Director shall review the record of the hearing and the recommended decision. The Director may adopt, modify, or reject the recommended decision, or may remand the recommended decision for further action. The Director shall issue a final order setting forth findings of fact and conclusions of law in support of the decision. The final order shall be mailed to the vendor by certified mail, return receipt requested.8.5. The vendor may appeal the Director's final order within thirty days of receipt of the order in accordance with the provisions of W. Va. Code § 29A-5-4. If the vendor does not appeal the Director's final order within thirty days of receipt, the order is final.