W. Va. Code R. § 148-11-14
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 148-11-14 - Protests14.1. Any Design-Builder adversely affected by the intended decision of the Agency to award a contract or to reject all bids shall file a notice of protest and bond with the Agency within seventy-two (72) hours after the posting of the intent to award. A formal written protest shall be filed with the Agency within ten (10) days after filing the notice of protest with the Agency, stating with particularity the facts and law upon which the protest is based.14.2. Any Design-Builder who files a notice of protest in a bid rejection or an award pursuant to this section shall post with the Agency, at the time of filing the notice of protest, a bond payable to the Agency in an amount equal to one percent (1%) of the lowest bid submitted, or $5,000, whichever is greater.14.3. All protest bonds shall be made payable to the Agency and shall be signed and sealed by the protestor and surety. The bonds shall bind the protestor and surety and be conditioned upon the satisfaction of any cost and charges included in any final order of judgement or appellate proceedings, in the event that the Agency prevails. In lieu of a bond, the protestor may submit a cashier's check or bank money order made payable to the Agency, the monies shall be held in trust by the Agency. Protest bond forms may be obtained from the Agency.14.4. All notices of protest and formal protests shall be filed with the Agency.14.5. A protest is not timely filed unless both the notice of protest and the formal protest are received by the Agency within the required time limits. A written notice of protest which is filed by 5:00p.m. on the date on which the seventy-two(72) hours expires is timely. If such a date is Saturday, Sunday or a legal holiday, the period shall run until 5:00p.m. of the next day that is not a Saturday, Sunday or a legal holiday.14.6. The Agency has the sole authority to review the protest and render a decision. The Director of the Agency, or his/her designee, shall review the protest and issue a written decision, A hearing may be conducted at the option of the Director or assigned designee.14.7. If the Design-Builder is not satisfied with the Agency's decision, they may take appropriate legal action through the West Virginia court system.14.8. If the protesting party prevails after completion of the protest and any appellate court proceedings, it shall be entitled to recover from the Agency all costs and charges included in the final order or judgement, excluding attorney's fees. If the Agency prevails it shall recover all costs and charges included in the final order or judgement excluding attorney's fees. Upon payment of such costs and charges by the protestor, the bond shall be returned. The entire amount of the bond shall be forfeited if the hearing officer determines that a protest was filed for a frivolous or improper purpose including, but not limited to, the purpose of harassing, causing unnecessary delay or causing needless expense for the Agency or successful Design-Builder.14.9. The Agency shall be considered the prevailing party if the protestor withdraws the protest at any time before the entry of the finalW. Va. Code R. § 148-11-14