Current through Register Vol. XLI, No. 50, December 13, 2024
Section 148-1-8 - Protests8.1. Submission of Protest. 8.1.1. Protests based on bid specifications must be submitted no later than 5 working days prior to bid opening. Protest of a purchase order or contract awards must be submitted no later than 5 working days after the award. The vendor is responsible for knowing the bid opening and award dates. Protests received after these dates may be rejected at the option of the Director.8.1.2. All protests must be submitted in writing to the Purchasing Division and contain the following information:8.1.2.a. The name and address of the protestor;8.1.2.b. The requisition, solicitation, purchase order or contract numbers;8.1.2.c. A statement of the grounds of protest;8.1.2.d. Supporting documentation, if necessary; and8.1.2.e. The resolution or relief sought.8.1.3. Failure to submit this information shall be grounds for rejection of the protest by the Director.8.2. Protest Review.8.2.1. The Director or his/her designee shall review the matter of protest and issue a written decision. A hearing may be conducted at the option of the Director or assigned designee. Continuation or delay of a purchase order or contract award is at the discretion of the Director.8.2.2. The Purchasing Division 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 Purchasing Division.8.3. Reverse Auction Protests: A vendor desiring to submit a protest of specifications related to a reverse auction must submit the protest 5 working days prior to the prequalification bid submission deadline. A protest of a prequalification decision must be submitted within 5 working days of the prequalification approval or denial. A protest of award must be submitted within 5 working days of award.8.4. Prequalification Agreements and Delegated Prequalification Biding: Any vendor desiring to protest the specifications of a prequalification agreement or the delegated prequalification bidding may do so prior to 5 working days before the prequalification opening date and 5 working days before the delegated prequalification bid opening date. Any vendor desiring to protest the award of a prequalification agreement or delegated prequalification bid may do so within 5 working days of the prequalification agreement award and within 5 working days of the delegated prequalification bid award.8.5. All protests, regardless of dollar amount should be directed to the Purchasing Division and any protests incorrectly submitted to the spending unit must be forwarded by the spending unit to the Purchasing Division for further review. A protest incorrectly delivered to the spending unit will not be considered received until it reaches the Purchasing Division. Responsibility for delivery of the protest to the Purchasing Division shall remain with the protesting vendor. A spending unit's failure to deliver the protest to the Purchasing Division shall not be grounds for extending the time for receipt of protests.