W. Va. Code R. § 145-17-8

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

Section 145-17-8 - Protests

8.1. Submission of a Protest.

8.1.1. Protests based on bid specifications must be submitted no later than five working days prior to bid opening.

8.1.2. Protest of a purchase order or contract awards must be submitted no later than five working days after the award.

8.1.3. The vendor is responsible for knowing the bid opening and award dates. Protests received after these dates may be rejected by the Procurement Officer.

8.1.4. All protests must be submitted in writing to the Procurement Officer in the Procurement Office and contain the following information:

8.1.4.a. The name and address of the protestor;

8.1.4.b. The requisition, solicitation, purchase order or contract numbers;

8.1.4.c. A statement of the grounds of protest;

8.1.4.d. Supporting documentation, if necessary; and

8.1.4.e. The resolution or relief sought.

8.1.5. Failure to submit this information shall be grounds for rejection of the protest by the Procurement Officer.

8.2. Protest Review.

8.2.1. The Procurement Officer, or his or her designee, shall review the matter of protest and issue a written decision.

8.2.1.a. A hearing may be conducted at the option of the Procurement Officer or assigned designee.

8.2.1.b. Continuation or delay of a purchase order or contract award is at the discretion of the Procurement Officer.

8.2.2. The Procurement Office 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 the Procurement Office.

W. Va. Code R. § 145-17-8