W. Va. Code R. § 126-203-8

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

Section 126-203-8 - Vendor Protests

8.1. Protest Procedures. The WVBE provides participating vendors with the right to protest either specifications or purchase order awards for exempt purchases.

8.1.a. All protests for purchasing matters authorized under exempt purchasing authority, regardless of the dollar amount, will be directed to WVBE Purchasing. The vendor is responsible for ensuring that the protest is received by WVBE Purchasing within the allotted timelines. A vendor's failure to ensure the receipt of the protest to WVBE Purchasing, resulting in the protest not being received by the timeline established in section 8.2, is not sufficient to warrant an extension of the timeline and/or acceptance of the protest.

8.2. Submission of Protest. A vendor protest relating to bid specifications must be submitted no later than five working days prior to the bid opening. A vendor protest relating to the purchase order or contract award must be submitted no later than five working days after the contract award. The vendor is responsible for knowing the specified bid opening and award dates. Any protests received outside of the timelines established in this section may be rejected at WVBE Purchasing's discretion.

8.2.a. Although the preferred method for protesting is by letter, timely receipt by other means, upon confirmation by WVBE Purchasing, will be considered. All vendor protests must contain the following minimal information:

8.2.a.1. name and address of the protestor;

8.2.a.2. valid requisition, purchase order or contract number(s);

8.2.a.3. statement of the reasons for the protest;

8.2.a.4. supporting documentation; and

8.2.a.5. resolution or relief sought.

8.2.b. A vendor's failure to submit the information required in section 8.2.a. will be sufficient to warrant rejection of the protest by WVBE Purchasing.

8.3. Protest Review.

8.3.a. WVBE Purchasing, or its designee, will review the protest and issue a written decision. A hearing may be conducted at the discretion of WVBE Purchasing or its designee.

8.3.b. Any continuation or delay of the purchase order or contract award while the protest under consideration will be at the discretion of WVBE Purchasing or its designee.

8.3.c. WVBE Purchasing may refuse to review any protests when the matter involved is the subject of litigation before a court of competent jurisdiction, if the merits have previously been decided by a court of competent jurisdiction, or if it has been decided in a previous protest by WVBE Purchasing.

W. Va. Code R. § 126-203-8