Bid Protest
AlabamaProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
AL ADC 355-4-1-.04
Citation Language:
(14) Protest. The Division of Purchasing shall provide a notice of intent to award of all contracts let by competitive bid by electronic posting to the Division of Purchasing website. Any bidder adversely affected by an intent to award a contract let by competitive bid shall file with the Director of Purchasing a notice of protest within five (5) calendar days after the notice of intent to award is electronically posted. The notice of protest may be filed by mail, by hand delivery, by email or by facsimile. The notice of protest must be filed with the Director of Purchasing by 5:00 PM, Central Time, on the fifth calendar day after the notice of intent to award is electronically posted. A formal written protest shall be filed within seven (7) days, excluding Saturday, Sunday, and State holidays, after the notice of protest is filed. The formal written protest may be filed by email in PDF format or by mail or hand delivery. The formal written protest must be filed with the Director of Purchasing by 5:00 PM, Central Time, on the seventh day after filing the notice of protest. The bidder or its legal representative must sign the formal written protest or it will not be accepted. Failure to file either the notice of protest or the formal written protest within the time limits prescribed herein shall constitute a waiver of any protest of the award of contract. The formal written protest shall state with particularity the facts and law upon which the protest is based. Within 30 calendar days of receipt of the timely filed, formal written protest, the Director of Purchasing shall issue a written decision with respect to the protest. Should the decision by the Director of Purchasing be adverse to the bidder, the bidder may seek relief in accordance with section 41-16-31 of the Code of Alabama.
AlaskaProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
Bid Protest Generally (AS 36.30.560 )
Citation Language:
An interested party may protest the award of a contract, the proposed award of a contract, or a solicitation for supplies, services, professional services, or construction by an agency. The protest shall be filed with the procurement officer of the contracting agency in writing and include the following information: (1) the name, address, and telephone number of the protester; (2) the signature of the protester or the protester's representative; (3) identification of the contracting agency and the solicitation or contract at issue; (4) a detailed statement of the legal and factual grounds of the protest, including copies of relevant documents; and (5) the form of relief requested. **For protest pertaining to small procurements** Citation: 2 AAC 12.695 Citation Language: (a) An interested party shall attempt to informally resolve a dispute with the procurement officer regarding a small procurement. If the attempt is unsuccessful, the interested party may protest the solicitation or the award of a small procurement contract under AS 36.30.320. The protest must be filed with the commissioner of the purchasing agency or the commissioner's designee. The protester must file a copy of the protest with the procurement officer for the purchasing agency. (b) If protesting a solicitation issued under 2 AAC 12.400, a protest shall be filed before the date and time that quotations or informal proposals are due to the purchasing agency. (c) If protesting the award of a small procurement contract of not more than $50,000, the protest shall be filed within 10 days from the date of the solicitation or award, whichever is later. (d) If protesting the award of a small procurement contract greater than $50,000, a protest shall be filed within 10 days from the date that notice of award is made. (e) To be accepted by the purchasing agency, a protest filed under (a) - (d) of this section shall contain the information required under AS 36.30.560. (f) The procurement officer shall immediately give notice of the protest to the contractor or, if no award has been made, to all firms or persons that were solicited for the small procurement. (g) The appropriate commissioner or commissioner's designee shall (1) with the concurrence of the protester, assign the protest to the procurement officer or other responsible state official for a final administrative resolution under alternate dispute resolution; (2) issue a decision denying the protest and stating the reasons for denial; (3) issue a decision that sustains the protest, in whole or in part, and instruct the procurement officer to implement an appropriate remedy; or (4) conduct a hearing on the protest consistent with the procedures contained in AS 36.30.670(b).
Public Link:
ArizonaProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
AZ ADC R2-7-A901
Citation Language:
A. Any interested party may protest a solicitation, a determination of not susceptible for award, or the award of a contract. B. The interested party shall file the protest in writing with the agency chief procurement officer, with a copy to the state procurement administrator, and shall include the following information: 1. The name, address and telephone number of the interested party; 2. The signature of the interested party or the interested party's representative; 3. Identification of the purchasing agency and the solicitation or contract number; 4. A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and 5. The form of relief requested. C. If the protest is based upon alleged improprieties in a solicitation that are apparent before the offer due date and time, the interested party shall file the protest before the offer due date and time. D. In cases other than those covered in subsection (C), the interested party shall file the protest within 10 days after the agency chief procurement officer makes the procurement file available for public inspection. E. The interested party may submit a written request to the agency chief procurement officer for an extension of the time limit for protest filing set forth in subsection (D). The written request shall be submitted before the expiration of the time limit set forth in subsection (D) and shall set forth good cause as to the specific action or inaction of the purchasing agency that resulted in the interested party being unable to submit the protest within the 10 days. The agency chief procurement officer shall approve or deny the request in writing, state the reasons for the determination, and, if an extension is granted set forth a new date for submission of the filing. F. If the interested party shows good cause, the agency chief procurement officer may consider a protest that is not timely filed. G. The agency chief procurement officer shall immediately give notice of a protest to all offerors.
ArkansasProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
AR ST § 19-11-244
Citation Language:
(a)(1) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation of a contract may protest by presenting a written notice at least seventy-two (72) hours before the filing deadline for the solicitation response to the State Procurement Director or the head of a procurement agency. (2) Any actual bidder, offeror, or contractor who is aggrieved in connection with the award of a contract may protest to the: (A) Director; or (B) Head of a procurement agency. (3) The protest shall be submitted in writing within fourteen (14) calendar days after the award or notice of anticipation to award has been posted. (4) A protest submitted by an aggrieved person under this section shall: (A) Be limited to one (1) or more of the following grounds: (i) The award of the contract exceeded the authority of the director or the procurement agency; (ii) The procurement process violated a constitutional, statutory, or regulatory provision; (iii) The director or the procurement agency failed to adhere to the rules of the procurement as stated in the solicitation, and the failure to adhere to the rules of the procurement materially affected the contract award; (iv) The procurement process involved responses that were collusive, submitted in bad faith, or not arrived at independently through open competition; or (v) The award of the contract resulted from a technical or mathematical error made during the evaluation process; and (B) State facts that substantiate each ground on which the protest is based. (b)(1)(A) The director, the head of a procurement agency, or a designee of either officer may settle and resolve a protest concerning the solicitation or award of a contract before rendering an administrative protest determination. (B)(i) A meeting in an attempt to settle or resolve a protest is not a public meeting. (ii) However, a final settlement or resolution of a protest made under this section shall not be kept secret, sealed, or withheld from public disclosure. (2) The authority to settle or resolve a protest under this section shall be exercised in accordance with laws governing the Arkansas State Claims Commission, which has exclusive jurisdiction over all claims against the state in connection with the solicitation or award of a contract, and the rules promulgated by the director. (c)(1) If a protest is not settled or resolved by mutual agreement under subsection (b) of this section, the director, the head of a procurement agency, or a designee of either officer shall promptly issue an administrative protest determination in writing. (2) The administrative protest determination shall state the reasons for the action taken. (d) A copy of the decision under subsection (c) of this section shall be mailed or otherwise furnished within five (5) days after it is written to the protestor and any other party intervening. (e) An administrative protest determination under subsection (c) of this section is: (1) Final and conclusive; and (2) Not an order as defined in the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (f) In the event of a timely protest under subsection (a) of this section, the state shall not execute a contract that is the result of the protested solicitation or award unless the director or the head of the relevant procurement agency makes a written determination that the execution of the contract without delay is necessary to protect substantial interests of the state. (g) When the protest is sustained and the successfully protesting bidder or offeror was denied the contract award, the protesting bidder or offeror may be entitled to the reasonable costs incurred in connection with the solicitation, including bid preparation costs, through the commission. (h) An actual or prospective bidder, offeror, or contractor who is aggrieved by a protest submitted under this section that was without merit or intended purely to delay the award of a contract may bring a private cause of action for tortious interference with a business expectancy against the person or entity that submitted the protest.
CaliforniaProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
2 CA ADC § 1195.2
Citation Language:
Following receipt of a protest filed as prescribed by these regulations, the department shall determine whether the protest is to be resolved by written submission of material or by public hearing. In the event a public hearing is to be held, the department shall set a date, time and place for the hearing and shall so notify all interested parties not less than 5 calendar days in advance of the hearing. The department may, in its discretion upon notice to all interested parties, change the date of, postpone or continue the hearing at the request of an interested party upon a showing of good cause or upon its own motion. The location of the hearing shall be at the discretion of the hearing officer and situated for the convenience of all parties. In the event the protest is to be determined through written submissions, notice shall be sent to all interested parties, each of whom may submit written argument in support of its position in accordance with the deadline established by the hearing officer. The determination that the protest hall be determined through written submission shall be made upon the hearing officer's evaluation that oral or additional testimony would be unnecessary to a full understanding of the issues. Any written submission to the department including that submitted for purposes of the hearing shall be in an original and two copies, together with proof of service of a copy to each interested party. At any time the department finds that a protest is clearly insufficient on its face, entirely without merit, or outside the scope of the jurisdiction of the department, it may make final disposition of the protest forthwith.
Public Link:
ColoradoProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
CO ADC 101-9:R-24-109-102-01
Citation Language:
(a) An aggrieved party may file a written protest at any phase of solicitation or award concerning a material issue(s), including but not limited to specifications, award, or disclosure of information marked confidential in the bid or proposal. (b) The written protest shall include, at a minimum, the following: (i) name and address of the aggrieved party; (ii) appropriate identification of the procurement by solicitation or award number; (iii) a statement of the material issue(s) giving rise to the protest; and (iv) any available exhibits, evidence, or documents substantiating the protest. (c) A written protest shall be submitted to the procurement official by mail, hand delivery, electronic submission or other means as approved by the state. (d) A written protest must be received by the procurement official by the deadline set forth in section 24-109-102, C.R.S., and rule R-24-109-108. (e) If an action concerning the protest has been commenced in district court, the procurement official shall not act on the protest but shall refer it to the attorney general.
ConnecticutProtest Procedure:
Protest Procedure
Status:
No Official Guidance
DelawareProtest Procedure:
Protest Procedure
Status:
No Official Guidance
District of ColumbiaProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
DC CODE § 2-360.08
Citation Language:
(a) This section shall apply to a protest of a solicitation or award of a contract addressed to the Board by any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract. (b)(1) A protest based upon alleged improprieties in a solicitation which are apparent prior to bid opening or the time set for receipt of initial proposals shall be filed prior to bid opening or the time set for receipt of initial proposals. In procurements where proposals are requested, alleged improprieties which do not exist in the initial solicitation, but which are subsequently incorporated into the solicitation, shall be protested not later than the next closing time for receipt of proposals following the incorporation. (2) In cases other than those covered in paragraph (1) of this subsection, protests shall be filed not later than 10 business days after the basis of protest is known or should have been known, whichever is earlier. (c)(1) Within one business day of receipt of the protest, the Board shall notify the contracting officer that the protest has been filed. Except as provided in this section, no contract shall be awarded in any procurement after the contracting officer has received the notice and while the protest is pending. If an award has already been made but the contracting officer receives notice within 11 business days after the date of award, the contracting officer shall immediately direct the awardee to cease performance under the contract and to suspend any related activities that may result in additional obligations being incurred by the District under the contract. Except as provided in this section, performance and related activities suspended pursuant to this section shall not be resumed while the protest is pending. (2) Performance under a protested procurement may proceed, or award may be made, while a protest is pending only if the CPO makes a written determination, supported by substantial evidence, that urgent and compelling circumstances that significantly affect interests of the District will not permit waiting for the decision of the Board concerning the protest. A copy of the determination shall be provided within one business day of issuance to both the Board and the protester. (d) On any direct protest pursuant to subsection (a) of this section, the Board shall decide whether the solicitation or award was in accordance with the applicable law, rules, and terms and conditions of the solicitation. The decision of the Board shall be issued within 60 business days from the date on which the protest is filed. Any prior determinations by administrative officials shall not be final or conclusive. If the Board determines that a contract is void pursuant to § 2-359.02, the Board shall direct that the contract be cancelled and cause a determination to be made pursuant to § 2-359.02. (d-1) An agency's determination of its minimum needs and its determination of the best method of accommodating those minimum needs are business judgments primarily within the agency's discretion. The Board may not sustain a protest on the basis of either determination unless a protester demonstrates by clear and convincing evidence that the determination lacked a reasonable basis. (e) A determination of an issue of fact by the Board under subsection (d) of this section shall be final and conclusive unless arbitrary, capricious, fraudulent, or clearly erroneous. (f)(1) In addition to other relief, the Board may order, when a protest is sustained, that the contract awarded under the solicitation be terminated for the convenience of the District; provided, that the Board shall not direct the award of a contract to a particular person. A determination in this regard shall be based on considerations such as: (A) Best interests of the District government; (B) Seriousness of the procurement deficiency; (C) Existence of prejudice to other bidders; (D) Maintaining the integrity of the procurement system; (E) Good faith of District government officials and other parties; (F) Extent of contract performance; or (G) Impact of termination on the agency's activities and mission. (2) The Board may, when requested, award reasonable bid or proposal preparation costs and costs of pursuing the protest, not including legal fees, if it finds that the District government's actions toward the protester or claimant were arbitrary or capricious. (g)(1) The Board may dismiss, at any stage of the proceedings, any protest, or portion of a protest, it considers frivolous. (2) In addition, the Board may require the protester to pay reasonable attorneys' fees, for time counsel spent representing the agency in defending the frivolous protest or its frivolous part. If the entire protest is dismissed on frivolous grounds, it may also assess the protester additional damages for each day the contract was suspended equal to the amount of liquidated damages specified in the contract for late completion of the contract. (3) The Board shall not determine damages if liquidated damages are not specified. (4) In addition, counsel for the protester may be suspended or barred from practicing before the Board. (h) The Board shall adopt rules for exercising its authority under this section.
FloridaProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
28 FL ADC 28-110.001- 28 FL ADC 28-110.005
Citation Language:
(1) This chapter supplements the statutes on protests that arise from the contract procurement process under Chapters 24, 255, 287, 334 through 349 and Sections 282.303 through 282.313, F.S., and other statutes applicable to agencies as defined in Section 120.52(1), F.S. (2) Policies and procedures are established primarily by Section 120.57(3), F.S. Interested persons must follow the requirements of those statutes as well as these rules. Other statutes may apply to specific circumstances.
GeorgiaProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
GA ADC 665-2-11-.07; GA ADC 672-21-.02; GA ADC 672-17-.07; GPM 6.5.1 - 6.5.10
Citation Language:
State has several protest procedures: (1) For IT Procurement see: GA ADC 665-2-11-.07; (2) For certain Department of Transportation procurements see all of chapter GA ADC 672-21; (3) Department of Transportation public-private partnerships see: GA ADC 672-17-.07 (4) Department of Administrative Services procurements see Sections 6.5.1 - 6.5.10 of Georgia Procurement Manual
Comments:
IT Procurements http://rules.sos.ga.gov/GAC/665-2-11-.07Certain; Department of Transportation Procurements https://rules.sos.ga.gov/GAC/672-21-.02; Department of Transportation Public-Private Partnerships https://rules.sos.ga.gov/GAC/672-17-.07; Georgia Procurement Manual https://pur.doas.ga.gov/gpm/MyWebHelp/GPM_Main_File.htm
GuamProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
GCA 5-9-A-§5425
Citation Language:
(a) Right to Protest. Any actual or prospective bidder, offeror, or contractor who may be aggrieved in connection with the method of source selection, solicitation or award of a contract, may protest to the Chief Procurement Officer, the Director of Public Works or the head of a purchasing agency. The protest shall be submitted in writing within fourteen (14) days after such aggrieved person knows or should know of the facts giving rise thereto.
HawaiiProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
HI ST § 103D-701
Citation Language:
(a) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the chief procurement officer or a designee as specified in the solicitation. Except as provided in sections 103D-303 and 103D-304, a protest shall be submitted in writing within five working days after the aggrieved person knows or should have known of the facts giving rise thereto; provided that a protest of an award or proposed award shall in any event be submitted in writing within five working days after the posting of award of the contract under section 103D-302 or 103D-303, if no request for debriefing has been made, as applicable; provided further that no protest based upon the content of the solicitation shall be considered unless it is submitted in writing prior to the date set for the receipt of offers. (b) The chief procurement officer or a designee, prior to the commencement of an administrative proceeding under section 103D-709 or an action in court pursuant to section 103D-710, may settle and resolve a protest concerning the solicitation or award of a contract. This authority shall be exercised in accordance with rules adopted by the policy board. (c) If the protest is not resolved by mutual agreement, the chief procurement officer or a designee shall promptly issue a decision in writing to uphold or deny the protest. The decision shall: (1) State the reasons for the action taken; and (2) Inform the protestor of the protestor's right to an administrative proceeding as provided in this part, if applicable. (d) A copy of the decision under subsection (c) shall be mailed or otherwise furnished immediately to the protestor and any other party intervening. (e) A decision under subsection (c) shall be final and conclusive, unless any person adversely affected by the decision commences an administrative proceeding under section 103D-709. (f) In the event of a timely protest under subsection (a), no further action shall be taken on the solicitation or the award of the contract until the chief procurement officer makes a written determination that the award of the contract without delay is necessary to protect substantial interests of the State. (g) In addition to any other relief, when a protest is sustained and the protestor should have been awarded the contract under the solicitation but is not, then the protestor shall be entitled to the actual costs reasonably incurred in connection with the solicitation, including bid or proposal preparation costs but not attorney's fees.
IdahoProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
ID ST § 67-9232
Citation Language:
(1) Bid specifications. (a) There shall be, beginning with the date of receipt of notice, a period of not more than ten (10) working days in which any vendor, qualified and able to sell or supply the items to be acquired, may notify the administrator in writing of his intention to challenge the specifications and shall specifically state the exact nature of his challenge. The specific challenge shall describe the location of the challenged portion or clause in the specification document, unless the challenge concerns an omission, explain why any provision should be struck, added or altered, and contain suggested corrections. (b) Upon receipt of the challenge, the administrator shall either deny the challenge, and such denial shall be considered the final agency decision, or he shall present the matter to the director for appointment of a determinations officer. If the director appoints a determinations officer, then all vendors, who are invited to bid on the property sought to be acquired, shall be notified of the appeal and the appointment of a determinations officer and may indicate in writing their agreement or disagreement with the challenge within five (5) days. The notice to the vendors may be electronic. Any vendor may note his agreement or disagreement with the challenge. The determinations officer may, on his own motion, refer the challenge portion and any related portions of the challenge to the author of the specification to be rewritten with the advice and comments of the vendors capable of supplying the property, rewrite the specification himself and/or reject all or any part of any challenge. If specifications are to be rewritten, the matter shall be continued until the determinations officer makes a final determination of the acceptability of the revised specifications. (c) The administrator shall reset the bid opening no later than fifteen (15) days after final determination of challenges or the amendment of the specifications. If the administrator denies the challenge, then the bid opening date shall not be reset. (d) The final decision of the determinations officer or administrator on the challenge to specifications shall not be considered a contested case within the meaning of the administrative procedure act; provided that a vendor disagreeing with specifications may include such disagreement as a reason for asking for appointment of a determinations officer pursuant to subsection (3) of this section.
IllinoisProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
44 IL ADC 8.2075; 44 IL ADC 1.5550; 44 IL ADC 4.5550; 44 IL ADC 6.390-6.440
Citation Language:
Different type of procurements have different type of protest procedures Capital Development Protests see 44 IL ADC 8.2075 Office of General Services Standard Procurement see 44 IL ADC 1.5550 For Higher Education Procurements see 44 IL ADC 4.5550 Department of Transportation procurements see 44 IL ADC 6.390-6.440.
IndianaProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
Indiana Department of Administration Procurement Office Website
Citation Language:
Prior to contract award, but after the solicitation has been released, a potential bidder or respondent may submit a written letter of protest regarding inadequate or restrictive specifications. Such protest should conform to the requirements of the Procurement Protest Policy and must be received by the close of business by the State not less than ten (10) business days (as defined by the State work calendar) prior to the proposal or bid due date. Telephone conversations with buyers or the requesting agency are undocumented communications and do not waive or modify the requirements of a solicitation. The Procurement Division will review all protests or appeals and, if a modification to the solicitation is appropriate, will issue an addendum to all prospective bidders to whom the solicitation documents have been sent.
IowaProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
IA ADC 11-117.20(8A)
Citation Language:
117.20(1) Filing an appeal. Any vendor that filed a timely bid or proposal and that is aggrieved by an award of the department may appeal the decision by filing a written notice of appeal before the Director, Department of Administrative Services, Hoover State Office Building, Third Floor, Des Moines, Iowa 50319, within five calendar days of the date of award, exclusive of Saturdays, Sundays, and legal state holidays. The department must actually receive the notice of appeal within the specified time frame for it to be considered timely. The notice of appeal shall state the grounds upon which the vendor challenges the department's award. 117.20(2) Procedures for vendor appeal. The vendor appeal shall be a contested case proceeding and shall be conducted in accordance with the provisions of the department's administrative rules governing contested case proceedings, unless the provisions of this rule provide otherwise. a. Notice of hearing. Upon receipt of a notice of vendor appeal, the department shall contact the department of inspections and appeals to arrange for a hearing. The department of inspections and appeals shall send a written notice of the date, time and location of the appeal hearing to the aggrieved vendor or vendors. The presiding officer shall hold a hearing on the vendor appeal within 60 days of the date the notice of appeal was received by the department. b. Discovery. The parties shall serve any discovery requests upon other parties at least 30 days prior to the date set for the hearing. The parties must serve responses to discovery at least 15 days prior to the date set for the hearing. c. Witnesses and exhibits. The parties shall contact each other regarding witnesses and exhibits at least 10 days prior to the date set for the hearing. The parties must meet prior to the hearing regarding the evidence to be presented in order to avoid duplication or the submission of extraneous materials. d. Amendments to notice of appeal. The aggrieved vendor may amend the grounds upon which the vendor challenges the department's award no later than 15 days prior to the date set for the hearing. e. If the hearing is conducted by telephone or on the Iowa communications network, the parties must deliver all exhibits to the office of the presiding officer at least 3 days prior to the time the hearing is conducted. f. The presiding officer shall issue a proposed decision in writing that includes findings of fact and conclusions of law stated separately. The decision shall be based on the record of the contested case and shall conform to Iowa Code chapter 17A. The presiding officer shall send the proposed decision to all parties by first-class mail. g. The record of the contested case shall include all materials specified in Iowa Code subsection 17A.12(6). (1) Method of recording. Oral proceedings in connection with a vendor appeal shall be recorded either by mechanized means or by certified shorthand reporters. Parties requesting that certified shorthand reporters record the hearing shall bear the costs. (2) Transcription. A party may request that oral proceedings in connection with a hearing in a case or any portion of the oral proceedings be transcribed. A party requesting transcription shall bear the expense of the transcription. (3) Tapes. Parties may obtain copies of tapes of oral proceedings from the presiding officer at the requester's expense. (4) Retention time. The department shall file and retain the recording or stenographic notes of oral proceedings or the transcription for at least five years from the date of the decision.
KansasProtest Procedure:
Protest Procedure
Status:
Other
Citation:
Kansas Dept. of Admin. Procurement Manual 16.C
Citation Language:
C. Protest Procedures The 30-day protest period begins when regret letters are sent to the Bidder(s) who was not awarded. OPC typically sends regret letters and begins the protest period after the Contract has been fully executed in SMART with the awarded Bidder(s). The Bidder protest procedure is as follows: 1. The protest shall be made in writing to, and received by, the Director of Purchases within thirty (30) calendar days after the date of the event which gives rise to the Bidder’s protest. The Division of Purchases shall not accept any protest more than thirty (30) days after the date of the Contract award or renewal. 2. The written protest shall include the following: a. The name and address of the protesting Bidder; b. Appropriate identification of the procurement by bid or Contract number; c. A statement of the specific reasons for the protest; and d. Supporting exhibits, evidence, or documents, unless they are not available within the filing time, in which case the expected availability date shall be indicated. 3. If a protest has been filed before an award or renewal has been made, no Contract shall be awarded or renewed until the protest has been heard, unless the Director of Purchases determines that the immediate award of the Contract is necessary to protect State interest. 4. A protest decision shall be made by the Director of Purchases as soon as possible after receiving all relevant, requested information. The decision of the Director of Purchases is final and there is no further administrative appeal process. The Director of Purchases is the State Agency officer to receive service of a petition for judicial review on behalf of the Kansas Division of Purchases. 5. To maintain the integrity of the procurement process, the Director of Purchases shall not grant waivers for, or hear protests concerning, the following omissions: a. Failure to properly complete the bid form; b. Failure to submit the bid to the Division of Purchases by the due date or time; c. Failure to provide samples, descriptive literature, or other required documents by the bid deadline or other specified time; or d. Failure to provide a required bid deposit or performance bond by the specified date or time.
KentuckyProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
KY ST § 45A.285
Citation Language:
(1) The secretary of the Finance and Administration Cabinet, or his designee, shall have authority to determine protests and other controversies of actual or prospective bidders or offerors in connection with the solicitation or selection for award of a contract. (2) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or selection for award of a contract may file a protest with the secretary of the Finance and Administration Cabinet. A protest or notice of other controversy must be filed promptly and in any event within two (2) calendar weeks after such aggrieved person knows or should have known of the facts giving rise thereto. All protests or notices of other controversies must be in writing. (3) The secretary of the Finance and Administration Cabinet shall promptly issue a decision in writing. A copy of that decision shall be mailed or otherwise furnished to the aggrieved party and shall state the reasons for the action taken. (4) The decision by the secretary of the Finance and Administration Cabinet shall be final and conclusive.
LouisianaProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
LA R.S. 39:1671
Citation Language:
A. Right to protest. Any person who is aggrieved in connection with the solicitation or award of a contract issued by the applicable chief procurement officer shall protest to the chief procurement officer. Protests with respect to a solicitation shall be submitted in writing at least two days prior to the opening of bids on all matters except housing of state agencies, their personnel, operations, equipment, or activities pursuant to R.S. 39:1643 for which such protest shall be submitted at least ten days prior to the opening of bids. Protests with respect to the award of a contract shall be submitted in writing within fourteen days after contract award. B. Authority to resolve protests. The chief procurement officer or his designee shall have authority, prior to the commencement of an action in court concerning the controversy, to settle and resolve a protest of an aggrieved person concerning the solicitation or award of a contract. This authority shall be exercised in accordance with regulations. C. Decision. If the protest is not resolved by mutual agreement, the chief procurement officer or his designee shall, within fourteen days, issue a decision in writing. The decision shall: (1) State the reasons for the action taken. (2) Inform the protestant of its right to administrative and judicial review as provided in this Chapter. D. Notice of decision. A copy of the decision under Subsection C of this Section shall be mailed or otherwise furnished immediately to the protestant and any other party intervening. E. Finality of decision. A decision under Subsection C of this Section shall be final and conclusive unless one of the following applies: (1) The decision is fraudulent. (2) The person adversely affected by the decision has timely appealed administratively to the commissioner in accordance with R.S. 39:1683. F. Stay of procurements during protests. In the event of a timely protest under Subsection A of this Section, the state shall not proceed further with the solicitation or with the awarding of the contract unless the chief procurement officer makes a written determination that the awarding of the contract is necessary without delay to protect the substantial interests of the state. Upon such determination by the chief procurement officer, no court shall enjoin progress under the award except after notice and hearing. G. Award of costs to protestants. In addition to any other relief, when the protest is administratively or judicially sustained and the protesting bidder or proposer should have been awarded the contract but is not, the protesting bidder or proposer shall be entitled to the reasonable costs incurred in connection with the solicitation, including bid or proposal preparation costs other than attorney fees, provided that any administrative determination of such costs shall be subject to the written concurrence of the attorney general. H. Promulgation of regulations. The state chief procurement officer is hereby authorized to promulgate regulations relative to protests, in accordance with the Administrative Procedure Act, to implement the provisions of R.S. 39:1600(D).
Public Link:
MaineProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
Maine Division of Procurement Services Website
Citation Language:
1. Only aggrieved persons may request a Stay of Award or an Appeal. An aggrieved person is any person who bids on a contract and who is adversely affected financially, professionally, or personally by that contract award decision. 2. A Stay must be requested in writing within ten calendar days of award notification and must state clearly the specific nature of the grievance, demonstrate irreparable injury to the petitioner, a reasonable likelihood of success on the merits of the appeal, and there being no substantial harm to adverse parties or to the general public. a. The Director's decision regarding the request for Stay will be communicated in writing within seven days of receipt of the request. b. Failure of the petitioner to obtain a Stay does not affect the petitioner's right to request a Hearing of Appeal. 3. An Appeal must be requested in writing within fifteen calendar days of award notification and must clearly demonstrate why the petitioners believes that at least one of three criteria has been met. The appeal criteria are: (1) a violation of law; (2) an irregularity creating a fundamental unfairness, and (3) an arbitrary or capricious award. a. The Director's decision regarding the request for a Hearing of Appeal will be communicated in writing within fifteen days of receipt of the request. b. A hearing will be granted unless: (1) the petitioner is not an aggrieved person; (2) a prior request by the same petitioner about the same contract award has been granted; (3) the request was made more than 15 days after the notification of contract award; and, (4) the request is capricious, frivolous, or without merit. 4. An Appeal Committee consisting of three members will be appointed to hear the appeal. The Commissioner of the Department of Administrative and Financial Services will appoint two members from departments not involved in the contract award. The third members of the Appeal Committee will be the Director of the Division of Procurement Services or a designee. 5. The hearing must be held within sixty days of receipt of the initial request and will provide the opportunity for both the petitioner and the awarding department to present testimony and documentary evidence related to the issues on appeal. The Appeal Committee will keep a written record of the hearing and will meet after the close of the hearing to make its determination. 6. The Appeal Committee's actions are limited to one of the following: a. Validate the contact award decision under appeal, or b. Invalidate the contract award decision under appeal. 7. The Appeal Committee will submit its written decision to the Director of the Bureau of General Services not later than fifteen days following the hearing after which the Director must notify the petitioner, the contracting State agency, and all intervenors within ten calendar days. 8. This notification is considered final agency action and, as such, may be eligible for judicial review.
MarylandProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
MD ADC 21.10.02.03
Citation Language:
A. A protest based upon alleged improprieties in a solicitation that are apparent before bid opening or the closing date for receipt of initial proposals shall be filed before bid opening or the closing date for receipt of initial proposals. For procurement by competitive sealed proposals, alleged improprieties that did not exist in the initial solicitation but which are subsequently incorporated in the solicitation shall be filed not later than the next closing date for receipt of proposals following the incorporation. B. In cases other than those covered in §A, protests shall be filed not later than 7 days after the basis for protest is known or should have been known, whichever is earlier. C. The term “filed” as used in §A or §B means receipt by the procurement officer. Protesters are cautioned that protests should be transmitted or delivered in the manner that shall assure earliest receipt. A protest received by the procurement officer after the time limits prescribed in §A or §B may not be considered.
MassachusettsProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
Massachusetts Government Website
Citation Language:
Office of Attorney General handles disputes for public works construction, designer selection, public building construction, alternative delivery methods, and accreditation disputes arising from a decision made by the Division of Capital Asset Management Maintenance
MichiganProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
Michigan Department of Technology, Management and Budget Website
Comments:
No statute or regulation lays out protest procedure. State Procurement website provides guidance.
MinnesotaProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
MN ST § 16C.03
Citation Language:
Subd. 2. Rulemaking authority. (a) Subject to chapter 14, the commissioner may adopt rules, consistent with this chapter and chapter 16B, relating to the following topics: (1) procurement process including solicitations and responses to solicitations, bid security, vendor errors, opening of responses, award of contracts, tied bids, and award protest process;
Public Link:
MississippiProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
12 MS ADC Pt. 6, R. 6.204
Citation Language:
(1) Scope This section applies to: (a) a protest of a solicitation or award of a contract addressed to the Procurement Review Board by an aggrieved actual or prospective bidder or offeror, or a contractor; and (b) an appeal addressed to the Board of a decision under Section 6.101.03. (2) Time Limitations on Filing a Protest or an Appeal (a) For a protest under Subsection (1)(a) of this section, the aggrieved person shall file a protest with the Board within 7 days after the aggrieved person knew or should have known of the facts and circumstances upon which the protest is based. (b) For an appeal under Subsection (1) (b) of this section, the aggrieved person shall file an appeal within seven days of receipt of a decision under Section 6.101(3). (3) Decision On any direct protest under Subsection (1)(a) of this section or appeal under Subsection (1)(b) of this section, the Board shall promptly decide whether the solicitation or award was in accordance with the Constitution, statutes, regulations, and the terms and conditions of the solicitation. The proceeding shall be de novo. Any prior determinations by administrative officials shall not be final or conclusive. (4) Standard of Review for Factual Issues A determination of an issue of fact by the Board under Subsection (3) of this section shall be final and conclusive unless arbitrary, capricious, fraudulent, or clearly erroneous.
MissouriProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
1 MO ADC 40-1.050(12)
Citation Language:
(12) A bid or proposal award protest must be submitted in writing to the director or designee and received by the division within ten (10) state business days after the date of award. If the tenth day falls on a Saturday, Sunday, or state holiday, the period will extend to the next state business day. A protest submitted after the ten (10) business-day period shall not be considered. The written protest should include the following information: (A) Name, address, and phone number of the protester; (B) Signature of the protester or the protester's representative; (C) Solicitation number; (D) Detailed statement describing the grounds for the protest; and (E) Supporting exhibits, evidence, or documents to substantiate claim. A protest which fails to contain the information listed above may be denied solely on that basis. All protests filed in a timely manner will be reviewed by the director or designee. The director or designee will only issue a determination on the issues asserted in the protest. A protest, which is untimely or fails to establish standing to protest, will be summarily denied. In other cases, the determination will contain findings of fact, an analysis of the protest, and a conclusion that the protest will either be sustained or denied. If the protest is sustained, remedies include canceling the award. If the protest is denied, no further action will be taken by the division.
MontanaProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
MT ST 18-4-242
Citation Language:
(1) This section establishes the exclusive remedies for a solicitation or award of a contract determined to be in violation of the law. (2) Except for small purchases or limited solicitations made pursuant to 18-4-305, a bidder, offeror, or contractor aggrieved in connection with the solicitation or award of a contract may protest to the department. The protest must be submitted to the department in writing no later than 14 days after execution of the contract. (3) If the protest is not resolved by mutual agreement, the department shall issue in writing a decision on the protest within 30 days after receipt of the protest. The decision must: (a) state the reason for the action taken by the department with regard to the contract; and (b) inform the aggrieved party of the party's right to request, within 14 days after the date of the department's written decision, a contested case hearing pursuant to the Montana Administrative Procedure Act. (4) In a protest or contested case proceeding, the department may, in an appropriate case, order a remedy provided in subsection (5) or (6). (5) If before an award it is determined that a solicitation or proposed award of a contract is in violation of law, the solicitation or proposed award may be: (a) canceled; or (b) revised to comply with the law. (6)(a) If after an award it is determined that a solicitation or award of a contract is in violation of law and the person awarded the contract has not acted fraudulently or in bad faith, the contract may be: (i) ratified and affirmed, provided it is determined that doing so is in the best interests of the state; or (ii) terminated, and the person awarded the contract must be compensated for the actual expenses reasonably incurred under the contract, plus a reasonable profit, before the termination. (b) If after an award it is determined that a solicitation or award of a contract is in violation of law and the person awarded the contract has acted fraudulently or in bad faith, the contract may be: (i) declared void; or (ii) ratified and affirmed if that action is in the best interests of the state, without prejudice to the state's rights to appropriate damages. (7) The exclusive method of judicial review of a solicitation or award by the department pursuant to this chapter is by a petition for judicial review pursuant to 2-4-702. In a proceeding pursuant to that section, the court may, in an appropriate case, order a remedy provided by subsection (5) or (6) of this section. Except as provided in subsections (6)(a)(ii) and (6)(b)(ii), there is no right under any legal theory to recover a form of damages or expenses for a solicitation or award of a contract in violation of law. Any other claim, cause of action, or request for relief for solicitations or awards allegedly made in violation of law may not be heard or granted by a district court other than as provided in this section. (8) The state is not required to delay, halt, or modify the procurement process pending the result of a protest, contested case proceeding, or judicial review. (9) The department may adopt rules governing the protest of solicitations or awards.
NebraskaProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
Nebraska Procurement Manual 2018, p. 44
Citation Language:
6.20 ProtestBidders/suppliersmust submit protests in writing within ten (10) business daysof the posting of the Intent to Award. The protest must be specific enough for DAS to understand the error that is being alleged and the relief that is being sought. The Materiel Division Administrator will attempt to issue a written decision within 10 business days. If the Bidder/supplieris not satisfied with the decision theprotestor may make a written request for a meeting with the Materiel Division Administrator and the Director of Administrative Services, or a designee of the Director’s choosing within 10 business days of the decision. The meeting request must state the specific issues to be presented at the meeting and the specific relief sought. A written final decision will be sent to the Bidder/Supplier, generally within ten (10) business days, unless additional time is necessary to fully examine the issues presented. The Bidders/Suppliers may opt to protest simultaneously to the Materiel Division Administrator and the Director of Administrative Services.
NevadaProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
NV ST 333.370
Citation Language:
1. A person who makes an unsuccessful bid or proposal may file a notice of appeal with the Purchasing Division and with the Hearings Division of the Department of Administration within 11 days after the date of award as entered on the bid record. The notice of appeal must include a written statement specifying any alleged violation of this chapter. 2. A person filing a notice of appeal must post a bond with good and solvent surety authorized to do business in this state or submit other security, in a form approved by the Administrator by regulation, to the Purchasing Division, who shall hold the bond or other security until a determination is made on the appeal. Except as otherwise provided in subsection 3, a bond posted or other security submitted with a notice of appeal must be in an amount equal to 25 percent of the total value of the successful bid submitted. 3. If the total value of the successful bid cannot be determined because the total requirements for the contract are estimated as of the date of award, a bond posted or other security submitted with a notice of appeal must be in an amount equal to 25 percent of the estimated total value of the contract. Upon request, the Administrator shall provide: (a) The estimated total value of the contract; or (b) The method for determining the estimated total value of the contract, based on records of past experience and estimates of anticipated requirements furnished by the using agency. 4. Within 20 days after receipt of the notice of appeal, a hearing officer of the Hearings Division of the Department of Administration shall hold a contested hearing on the appeal in substantial compliance with the provisions of NRS 233B.121 to 233B.1235, inclusive, 233B.125 and 233B.126. The successful bidder must be given notice of the hearing in the same manner as the person who filed the notice of appeal. The successful bidder may participate in the hearing. Within 60 days after receipt of the notice of appeal, the hearing officer shall make a determination on the appeal. 5. The hearing officer may only cancel the award for lack of compliance with the provisions of this chapter. A cancellation of the award requires a new award in accordance with the provisions of this chapter. 6. A notice of appeal filed in accordance with the provisions of this section operates as a stay of action in relation to any contract until a determination is made by the hearing officer on the appeal. 7. A person who makes an unsuccessful bid or proposal may not seek any type of judicial intervention until the hearing officer has made a determination on the appeal. 8. The Administrator may make as many open market purchases of the commodities or services as are urgently needed to meet the requirements of the Purchasing Division or the using agency until a determination is made on the appeal. With the approval of the Administrator, the using agency may make such purchases for the agency. 9. Neither the State of Nevada, nor any agency, contractor, department, division, employee or officer of the State is liable for any costs, expenses, attorney's fees, loss of income or other damages sustained by a person who makes an unsuccessful bid or proposal, whether or not the person files a notice of appeal pursuant to this section. 10. If the appeal is upheld and the award is cancelled, the bond posted or other security submitted with the notice of appeal must be returned to the person who posted the bond or submitted the security. If the appeal is rejected and the award is upheld, a claim may be made against the bond or other security by the Purchasing Division and the using agency to the Hearings Division of the Department of Administration in an amount equal to the expenses incurred and other monetary losses suffered by the Purchasing Division and the using agency because of the unsuccessful appeal. The hearing officer shall hold a hearing on the claim in the same manner as prescribed in subsection 4. Any money not awarded by the hearing officer must be returned to the person who posted the bond or submitted the security.
New HampshireProtest Procedure:
Protest Procedure
Status:
No Official Guidance
New JerseyProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
NJ ADC 17:12-3.2
Citation Language:
a) A vendor intending to submit a proposal in response to an advertised RFP, pursuant to N.J.S.A. 52:34–6 et seq., and finding cause to challenge a specification contained within the RFP, may submit a written protest to the Director, setting forth, in detail, the grounds for such protest. (b) The written protest shall be submitted to the Director only after the Division has formally responded to questions posed during the RFP-established question and answer period and in sufficient time to permit a review of the merits of the protest and to take appropriate action as may be necessary, prior to the scheduled deadline for proposal submission. 1. A protest of a specification of any proposal solicitation document issued by the Director shall contain the following items: i. Identification of the Division's solicitation number for the particular procurement; ii. The specification(s) at issue and the specific grounds for challenging the cited specification(s), including all arguments, materials, or other documentation that may support the protester's position that the specification should be changed; and iii. A statement as to whether the protester requests an opportunity for an in-person presentation and the reason(s) for the request. 2. The Director may disregard a protest not containing all of the items set forth in (b)1 above. 3. In order to provide sufficient time for full assessment of the issue(s) of the challenge and, if merited, to effect changes to the RFP and public notice of such changes, the Director may disregard any protest of specifications filed fewer than seven business days prior to the scheduled deadline for proposal submission. (c) The Director shall, upon receipt of a timely protest of a specification contained in an advertised RFP, issue a final written decision on the protest prior to the public opening and reading of proposals received in response to that RFP. (d) The Director may resolve a protest of a specification by amending the RFP and extending the deadline for proposal submission, by canceling the procurement, or by any other appropriate means. (e) The Director has sole discretion to determine if an in-person presentation by the protester is necessary to reach an informed decision on the matter(s) of the protest. In-person presentations are fact-finding for the benefit of the Director. The Director has the discretion to limit attendance at an in-person presentation to those bidders likely to be affected by the outcome of the protest. (f) The Director, or the Director's designee from within or outside the Division, may perform a review of the written record or conduct an in-person presentation. In the case of a review or an in-person presentation being handled by a hearing officer designee from outside the Division, the determination of such designee shall be in the form of a report to the Director, which shall be advisory in nature and not binding on the Director. All parties shall receive a copy of the hearing officer's report and shall have 10 business days to provide written comments or exceptions to the Director. Subsequent to the 10- business-day period for comments/exceptions, the Director shall make a final written decision on the matter. In the case of a review or in-person presentation being handled by a designee from within the Division, the determination shall be issued by the Director, or the Director's designee, and such determination shall be a final agency decision pursuant to N.J.A.C. 17:12–3.1(b).
New MexicoProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
NM ADC 1.4.1.82
Citation Language:
1.4.1.82 FILING OF PROTEST: A. Protest must be written. Protests must be in writing and addressed to the state purchasing agent or central purchasing office, whichever has control and administration over the procurement. B. Contents. The protest shall: (1) include the name and address of the protestant; (2) include the solicitation number; (3) contain a statement of the grounds for protest; (4) include supporting exhibits, evidence or documents to substantiate any claim unless not available within the filing time in which case the expected availability date shall be indicated; and (5) specify the ruling requested from the state purchasing agent or central purchasing office. C. Pleadings. No formal pleading is required to initiate a protest, but protests should be concise, logically arranged, and direct. D. Time limit. Protests shall be submitted within 15 calendar days after knowledge of the facts or occurrences giving rise to the protest. Any person or business that has been sent written notice of any fact or occurrence is presumed to have knowledge of the fact or occurrence.
New YorkProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
2 NY ADC 24.3
Citation Language:
(a) Proper filing of an initial protest depends on whether the public contracting entity has its own bid protest procedure and has provided bidders with proper notice of such. Where the public contracting entity has a written protest procedure and has provided notice of such procedure in the solicitation, a protest shall be filed initially with the public contracting entity. However, an interested party may file an initial protest with the Bureau of Contracts in accordance with section 24.4 of this Part, after the public contracting entity has made a contract award, if: (1) the public contracting entity has not provided notice of its protest procedure in the solicitation; or (2) the facts that would give rise to a protest are not known to, and could not reasonably have been known to, an interested party prior to the date by which a protest was required to be filed with the public contracting entity.
North CarolinaProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
1 NC ADC 5B.1519
Citation Language:
(a) When a Vendor wants to protest a Contract awarded by a Purchasing Agency valued at less than the amount set forth in G.S. 143-53, the Purchasing Agency and Vendor shall comply with the following: (1) The Vendor shall submit a written request for a protest meeting to the Agency's executive officer or his or her designee within 30 calendar days from the date of the Contract award. The executive officer shall furnish a copy of this letter to the SPO within five calendar days of receipt. The Vendor's request shall contain reasons why it has a concern with the award and any supporting documentation. If the request does not contain this information, or if the executive officer determines that the protest is meritless so that a meeting would serve no purpose, then the executive officer may, within 10 calendar days from the date of receipt of the request, respond in writing to the Vendor and refuse the protest meeting request. A copy of the executive officer's decision letter shall be forwarded to the SPO. (2) If the protest meeting is granted, the executive officer shall schedule the meeting within 30 calendar days after receipt of the request, unless mutually agreed. Within 10 calendar days from the date of the protest meeting, the executive officer shall respond to the Vendor in writing with the executive officer's decision and appeal rights under Article 3 of G.S. 150B. A copy of the executive officer's decision letter shall be forwarded to the SPO. (3) The Purchasing Agency shall notify the SPO in writing of any further administrative or judicial review of the Contract award. (b) When a Vendor wants to protest a Contract awarded by the Secretary valued over the amount set forth in G.S. 143-53, the SPO and Vendor shall comply with the following: (1) The Vendor shall submit a written request for a protest meeting to the SPO within 30 calendar days from the date of the Contract award. The Vendor's request shall contain reasons why it has a concern with the award and any supporting documentation. If the request does not contain this information, or if the SPO determines that the protest is meritless so that a meeting would serve no purpose, then the SPO may, within 10 calendar days from the date of receipt of the request, respond in writing to the Vendor and refuse the protest meeting request. (2) If the protest meeting is granted, the SPO shall schedule the meeting within 30 calendar days after receipt of the request, unless mutually agreed. Within 10 calendar days from the date of the protest meeting, the SPO shall respond to the Vendor in writing with the SPO's decision and appeal rights under Article 3 of G.S. 150B. (3) The SPO shall notify the Secretary of any further administrative or judicial review of the Contract award.
North DakotaProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
ND ADC 4-12-14-01
Citation Language:
The following provisions must be followed by any actual or prospective bidder or offeror that is aggrieved in connection with a solicitation: 1. The aggrieved party shall submit a protest to the procurement officer in written form, clearly identifying the solicitation and the details of the nature of the protest. 2. When the solicitation contains a deadline for submission of questions and requests for clarifications, protests of the solicitation will not be allowed if these faults have not been brought to the attention of the procurement officer before the specified deadline. If no deadline for questions is specified, protests based on defects in the solicitation must be made at least seven calendar days before the deadline for receipt of bids or proposals. 3. The procurement officer has seven calendar days to review the protest and to render a written decision. The procurement officer may extend the protest review period by no more than seven days and will send written notice to the aggrieved party of the extension. 4. The procurement officer has the authority to cancel or amend a solicitation prior to the opening date and to delay the subsequent opening date. 5. During the time the protest and appeals are being considered, the solicitation period will be extended if not resolved before the opening date. 6. The aggrieved party has seven calendar days to appeal the decision of the procurement officer.
OhioProtest Procedure:
Protest Procedure
Status:
No Official Guidance
OklahomaProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
Okla. Admin. Code 260:115-3-19
Citation Language:
(a) A supplier may protest a contract award by a state agency or OMES to the State Purchasing Director. All remedies available to suppliers through the sealed bid process pursuant to the Oklahoma Central Purchasing Act are also available to online bidders in an online bidding process. (1) Supplier notification. A supplier shall submit written notice to the State Purchasing Director of a protest of an award of contract by a state agency or OMES within ten (10) business days of contract award. The supplier protest notice shall state all facts and reasons in specificity for protest. (2) State Purchasing Director review and determination. The State Purchasing Director shall review the supplier's protest and contract award documents. (A) The State Purchasing Director may determine to respond to the protest or delegate the responsibility by written notice to the state agency that awarded the contract. (B) The State Purchasing Director or state agency, whichever is applicable, shall send written notice of the decision to deny or sustain the protest to the supplier within ten (10) business days of receipt of the protest. (3) Supplier appeal of decision to deny protest. The supplier may appeal a denial of protest by the State Purchasing Director or a state agency to the OMES Director. (A) Such appeal shall be filed by the supplier within ten (10) business days of the date of the State Purchasing Director's or state agency's notice of denial pursuant to 75 O.S. §§ 309 et seq. (B) The OMES Director may enter an order staying contract performance upon such terms and conditions as the OMES Director determines to be proper. Any request for stay of contract performance must be made in writing and filed during the ten (10) business day time period in which an appeal may be commenced to the OMES Director. The OMES Director shall have continuing jurisdiction to modify any such orders made in connection with a stay during the pendency of the appeal as appropriate under the circumstances presented. (4) Director actions and determination. The OMES director may hear the appeal or assign the supplier's appeal to an Administrative Law Judge retained by the agency. (A) If the appeal is assigned to an Administrative Law Judge, the Administrative Law Judge shall review the appeal for legal authority and jurisdiction. If legal authority and jurisdictional requirements are met, the Administrative Law Judge shall conduct an administrative hearing and provide proposed findings of fact and conclusions of law to the OMES Director. (B) If the appeal is heard by the OMES Director, the OMES Director shall have all powers granted by law including all powers delegated to the Administrative Law Judge by this section. (C) The OMES Director shall send written notice of the final order sustaining or denying the supplier's appeal to the parties. (D) The cost of actions necessary to process a supplier's appeal, together with any other expenses incurred due to the appeal, shall be paid by the state agency responsible for the initial solicitation. (5) Conduct of administrative hearing. Administrative hearings shall be conducted in accordance with the Administrative Procedures Act [Reference 75 O.S. §§ 250 et seq.] and the following procedures: (A) Prehearing conference. A prehearing conference shall be scheduled to determine the legal or factual issues which shall be limited to those brought by the supplier in its initial protest to the State Purchasing Director. (B) Burden of proof. The burden of proof shall be upon the supplier, which must prove its case by a preponderance of the evidence. A preponderance of the evidence is that evidence which, in light of the record as a whole, leads the Administrative Law Judge to believe a fact is more probably true than not true. (C) Representation. Corporations must be represented by legal counsel in accordance with Oklahoma law. Legal counsel must be licensed or registered pursuant to the Rules Creating and Controlling the Oklahoma Bar Association. (D) Proper parties. In addition to the supplier protesting the contract award, OMES, the supplier awarded the contract and the state agency for which the bid was let may participate in the bid protest proceedings as a proper party. (E) Discovery. The conduct of discovery is governed by the Administrative Procedures Act, 75 O.S. §§ 309 et seq. and other applicable law. (F) Authority of the Administrative Law Judge. The Administrative Law Judge may: (i) Establish a scheduling order; (ii) Establish reasonable procedures such as authorizing pleadings to be filed by facsimile or electronic mail; (iii) Rule on all interlocutory motions; (iv) Require briefing of any or all issues; (v) Conduct hearings; (vi) Rule on the admissibility of all evidence; (vii) Question witnesses; and (viii) Make proposed findings of facts and conclusions of law to the OMES Director. (G) Remedies. The Administrative Law Judge may recommend that the OMES Director deny the supplier's appeal or that the contract award be cancelled and rebid. (6) Supplier appeal of OMES Director decision to deny appeal. If the OMES Director denies a supplier's appeal, the supplier may appeal pursuant to provisions of 75 O.S. § 309. : (a) A supplier may protest a contract award by a state agency or OMES to the State Purchasing Director. All remedies available to suppliers through the sealed bid process pursuant to the Oklahoma Central Purchasing Act are also available to online bidders in an online bidding process. (1) Supplier notification. A supplier shall submit written notice to the State Purchasing Director of a protest of an award of contract by a state agency or OMES within ten (10) business days of contract award. The supplier protest notice shall state all facts and reasons in specificity for protest. (2) State Purchasing Director review and determination. The State Purchasing Director shall review the supplier's protest and contract award documents. (A) The State Purchasing Director may determine to respond to the protest or delegate the responsibility by written notice to the state agency that awarded the contract. (B) The State Purchasing Director or state agency, whichever is applicable, shall send written notice of the decision to deny or sustain the protest to the supplier within ten (10) business days of receipt of the protest. (3) Supplier appeal of decision to deny protest. The supplier may appeal a denial of protest by the State Purchasing Director or a state agency to the OMES Director. (A) Such appeal shall be filed by the supplier within ten (10) business days of the date of the State Purchasing Director's or state agency's notice of denial pursuant to 75 O.S. §§ 309 et seq. (B) The OMES Director may enter an order staying contract performance upon such terms and conditions as the OMES Director determines to be proper. Any request for stay of contract performance must be made in writing and filed during the ten (10) business day time period in which an appeal may be commenced to the OMES Director. The OMES Director shall have continuing jurisdiction to modify any such orders made in connection with a stay during the pendency of the appeal as appropriate under the circumstances presented. (4) Director actions and determination. The OMES director may hear the appeal or assign the supplier's appeal to an Administrative Law Judge retained by the agency. (A) If the appeal is assigned to an Administrative Law Judge, the Administrative Law Judge shall review the appeal for legal authority and jurisdiction. If legal authority and jurisdictional requirements are met, the Administrative Law Judge shall conduct an administrative hearing and provide proposed findings of fact and conclusions of law to the OMES Director. (B) If the appeal is heard by the OMES Director, the OMES Director shall have all powers granted by law including all powers delegated to the Administrative Law Judge by this section. (C) The OMES Director shall send written notice of the final order sustaining or denying the supplier's appeal to the parties. (D) The cost of actions necessary to process a supplier's appeal, together with any other expenses incurred due to the appeal, shall be paid by the state agency responsible for the initial solicitation. (5) Conduct of administrative hearing. Administrative hearings shall be conducted in accordance with the Administrative Procedures Act [Reference 75 O.S. §§ 250 et seq.] and the following procedures: (A) Prehearing conference. A prehearing conference shall be scheduled to determine the legal or factual issues which shall be limited to those brought by the supplier in its initial protest to the State Purchasing Director. (B) Burden of proof. The burden of proof shall be upon the supplier, which must prove its case by a preponderance of the evidence. A preponderance of the evidence is that evidence which, in light of the record as a whole, leads the Administrative Law Judge to believe a fact is more probably true than not true. (C) Representation. Corporations must be represented by legal counsel in accordance with Oklahoma law. Legal counsel must be licensed or registered pursuant to the Rules Creating and Controlling the Oklahoma Bar Association. (D) Proper parties. In addition to the supplier protesting the contract award, OMES, the supplier awarded the contract and the state agency for which the bid was let may participate in the bid protest proceedings as a proper party. (E) Discovery. The conduct of discovery is governed by the Administrative Procedures Act, 75 O.S. §§ 309 et seq. and other applicable law. (F) Authority of the Administrative Law Judge. The Administrative Law Judge may: (i) Establish a scheduling order; (ii) Establish reasonable procedures such as authorizing pleadings to be filed by facsimile or electronic mail; (iii) Rule on all interlocutory motions; (iv) Require briefing of any or all issues; (v) Conduct hearings; (vi) Rule on the admissibility of all evidence; (vii) Question witnesses; and (viii) Make proposed findings of facts and conclusions of law to the OMES Director. (G) Remedies. The Administrative Law Judge may recommend that the OMES Director deny the supplier's appeal or that the contract award be cancelled and rebid. (6) Supplier appeal of OMES Director decision to deny appeal. If the OMES Director denies a supplier's appeal, the supplier may appeal pursuant to provisions of 75 O.S. § 309. (b) An agency making an acquisition pursuant to 74 O.S. § 85.5(N) shall conduct all actions and bear all costs associated with the protest or appeal of a contract award.
Public Link:
OregonProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
OR ST § 279B.410
Citation Language:
(1) A bidder or proposer may protest the award of a public contract or a notice of intent to award a public contract, whichever occurs first, if: (a) The bidder or proposer is adversely affected because the bidder or proposer would be eligible to be awarded the public contract in the event that the protest were successful; and (b) The reason for the protest is that: (A) All lower bids or higher ranked proposals are nonresponsive; (B) The contracting agency has failed to conduct the evaluation of proposals in accordance with the criteria or processes described in the solicitation materials; (C) The contracting agency has abused its discretion in rejecting the protestor's bid or proposal as nonresponsive; or (D) The contracting agency's evaluation of bids or proposals or the contracting agency's subsequent determination of award is otherwise in violation of this chapter or ORS chapter 279A. (2) The bidder or proposer shall submit the protest to the contracting agency in writing and shall specify the grounds for the protest to be considered by the contracting agency. (3) The rules adopted under ORS 279A.065 shall establish a reasonable time and manner for protests to be submitted. The contracting agency may not consider late protests. (4) The contracting agency shall consider and respond in writing to a protest in a timely manner. After the contracting agency issues the response, the bidder or proposer may seek judicial review in the manner provided in ORS 279B.415.
Public Link:
PennsylvaniaProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
PA ST 62 Pa.C.S.A. § 1711.1
Citation Language:
(a) Right to protest.--A bidder or offeror, a prospective bidder or offeror or a prospective contractor that is aggrieved in connection with the solicitation or award of a contract, except as provided in section 521 (relating to cancellation of invitations for bids or requests for proposals), may protest to the head of the purchasing agency in writing. (b) Filing of protest.--If the protestant is a bidder or offeror or a prospective contractor, the protest shall be filed with the head of the purchasing agency within seven days after the aggrieved bidder or offeror or prospective contractor knew or should have known of the facts giving rise to the protest except that in no event may a protest be filed later than seven days after the date the contract was awarded. If the protestant is a prospective bidder or offeror, a protest shall be filed with the head of the purchasing agency prior to the bid opening time or the proposal receipt date. If a bidder or offeror, a prospective bidder or offeror or a prospective contractor fails to file a protest or files an untimely protest, the bidder or offeror, the prospective bidder or offeror or the prospective contractor shall be deemed to have waived its right to protest the solicitation or award of the contract in any forum. Untimely filed protests shall be disregarded by the purchasing agency. (c) Contents of protest.--A protest shall state all grounds upon which the protestant asserts the solicitation or award of the contract was improper. The protestant may submit with the protest any documents or information it deems relevant to the protest. (d) Response and reply.--Within 15 days of receipt of a protest, the contracting officer may submit to the head of the purchasing agency and the protestant a response to the protest, including any documents or information he deems relevant to the protest. The protestant may file a reply to the response within ten days of the date of the response. (e) Evaluation of protest.--The head of the purchasing agency or his designee shall review the protest and any response or reply and may request and review such additional documents or information he deems necessary to render a decision and may, at his sole discretion, conduct a hearing. The head of the purchasing agency or his designee shall provide to the protestant and the contracting officer a reasonable opportunity to review and address any additional documents or information deemed necessary by the head of the purchasing agency or his designee to render a decision. (f) Determination.--Upon completing an evaluation of the protest in accordance with subsection (e), the head of the purchasing agency or his designee shall issue a written determination stating the reasons for the decision. The determination shall be issued within 60 days of the receipt of the protest unless extended by consent of the head of the purchasing agency or his designee and the protestant. The determination shall be the final order of the purchasing agency. If the head of the purchasing agency or his designee determines that the solicitation or award of the contract was contrary to law, he may enter an order authorized by section 1711.2 (relating to solicitations or awards contrary to law). (g) Appeal.--Within 15 days of the mailing date of a final determination denying a protest, a protestant may file an appeal with Commonwealth Court. Issues not raised by the protestant before the purchasing agency are deemed waived and may not be raised before the court. (h) Record of determination.--The record of determination for review by the court shall consist of the solicitation or award; the contract, if any; the protest; any response or reply; any additional documents or information considered by the head of the purchasing agency or his designee; the hearing transcript and exhibits, if any; and the final determination. (i) Standard of review.--The court shall hear the appeal, without a jury, on the record of determination certified by the purchasing agency. The court shall affirm the determination of the purchasing agency unless it finds from the record that the determination is arbitrary and capricious, an abuse of discretion or is contrary to law. (j) Remedy.--If the determination is not affirmed, the court may enter any order authorized by 42 Pa.C.S. § 706 (relating to disposition of appeals), provided that, if the court determines that the solicitation or award of a contract is contrary to law, then the remedy the court shall order is limited to canceling the solicitation or award and declaring void any resulting contract. (k) Stay of procurement during pendency of protest.--In the event a protest is filed timely under this section and until the time has elapsed for the protestant to file an appeal with Commonwealth Court, the purchasing agency shall not proceed further with the solicitation or with the award of the contract unless and until the head of the purchasing agency, after consultation with the head of the using agency, makes a written determination that the protest is clearly without merit or that award of the contract without delay is necessary to protect substantial interests of the Commonwealth. (l) Applicability.--This section shall be the exclusive procedure for protesting a solicitation or award of a contract by a bidder or offeror a prospective bidder or offeror, or a prospective contractor that is aggrieved in connection with the solicitation or award of a contract. The provisions of 2 Pa.C.S. (relating to administrative law and procedure) shall not apply to this section.
Puerto RicoProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
General Services Administration Act for the 2019 Centralization of Puerto Rico Government Procurement. Law No. 73 of 23 July 2019.
Citation Language:
Article 64.- Term to Review. The party adversely affected by a decision of the Administration, the Board of Directors, Auctions and/or any Exempt Entity Auction Board may, within the Twenty (20) days from deposit in the Federal Mail notifying the award of the auction, submit a request for review before the General Services Administration Review Board. Presented administrative review, administration, and/or the Auction Board shall submit a certified copy of the file to the Review Board. within three (3) calendar days following the filing of the resource.
Rhode IslandProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
220 RI ADC 30-00-1.6
Citation Language:
A. “Bid protest” means a protest, complaint or challenge by an aggrieved actual or prospective bidder or offeror (hereinafter “protestor”) in connection with the solicitation or selection for award of a contract for the purchase of goods, services, and or public works projects by a state agency and or the division of purchases. For the purpose of these regulations the term “aggrieved” shall mean that the protestor has an economic interest which will be adversely impacted by the solicitation or award of a contract. B. For the purpose of these regulations notice of a bid protest pursuant to R.I. Gen. Laws § 37-2-52 must be filed with the chief purchasing officer by the protestor, addressed as follows: Chief Purchasing Officer (BID PROTEST) c/o Office of the Director Department of Administration One Capitol Hill Providence, RI 02908 1. In addition, a true and accurate copy thereof must be filed with: Division of Legal Services (BID PROTEST) Department of Administration One Capitol Hill Providence, RI 02908. 2. A bid protest may be filed by U.S. Mail, hand-delivery, courier service or facsimile, but may not be filed by electronic mail (“e-mail”). For the purposes of these regulations the date of “filing” shall be the date that a protest is actually received by the chief purchasing officer. C. The protester's notice to the chief purchasing officer shall clearly state that it is a bid protest, and at a minimum shall include the following information: 1. the name, street address, e-mail address, telephone and facsimile numbers of the protester (or its representative, if any); 2. original signature of the protestor or its representative; 3. identity of the contract, solicitation or award at issue; 4. a detailed statement of facts and circumstances that gave rise to the protest, together with copies of any available relevant documents; 5. all information establishing that the protestor is an aggrieved party for the purpose of filing a protest; 6. citations to any relevant statutes or regulations; and, 7. a brief statement as to the form of relief requested; and, 8. a statement of whether the protestor has submitted a request for the disclosure of public records that are pertinent to the bid protest, and if such a request has been submitted, a copy thereof. A protest that fails to contain the required information may be denied. D. Timeliness of Bid Protest. 1. A bid protest must be filed in accordance with § 1.6.2 of this Part and within the following time limits: a. Bid protests regarding the form or content of solicitation documents must be received by the chief purchasing officer not later than fourteen (14) calendar days before the date set in the solicitation for receipt of bids. If grounds for a bid protest did not exist at the initial solicitation, but arose as the result of an amendment to the solicitation, then the bid protest must be received by the chief purchasing officer no later than fourteen (14) calendar days before the next closing time established for receipt of bids. If the date set in the solicitation for receipt of bids is less than fourteen (14) calendar days from issuance, a bid protest concerning the form or content of the solicitation documents must be received by the chief purchasing officer not less than forty-eight (48) hours before the date set for receipt of bids. b. In all other cases, protests must be received by the chief purchasing officer not later than fourteen (14) calendar days after the protester knew or should have known, whichever is earlier, the facts giving rise to a protest. c. For bid protests regarding the form or content of the solicitation documents, the facts giving rise to the protest shall be presumed to be known to the protester on the date the solicitation, or an amendment thereto, was posted to the division of purchases' procurement web site. For bid protests arising from bid opening procedures and or award of the contract, the facts giving rise to the protest shall be presumed to be known to the protester on either the date of bid opening or the date the contract award was posted to the division of purchases' procurement web site. d. New factual allegations made after the initial protest without a new and separate showing of timeliness shall be deemed to be untimely. e. The fourteen (14) day period in which to file a protest does not include the day on which the alleged basis for protest arises. If the last calendar day within which a protest is to be filed falls on a Saturday, Sunday, state holiday or a day when the state or division of purchases is closed, the period in which to file a protest is extended to the next day not a Saturday, Sunday, state holiday or when the state or division of purchases is not closed. E. Protests of different contract solicitations or awards must be filed separately. F. Upon receipt of a bid protest timely filed neither the contracting agency, nor the division of purchases shall proceed further with the solicitation or award of a contract, until the chief purchasing officer issues a written determination that authorizes the contracting agency or the division of purchases to proceed with the solicitation or award as being necessary to protect a substantial interest of the state. G. The chief purchasing officer shall issue a written determination in response to a bid protest within thirty (30) calendar days of the receipt thereof. The chief purchasing officer reserves the right to waive or extend the time requirements for such written determination when, in his/her sole judgment, circumstances so warrant. H. The chief purchasing officer's written determination shall state whether the protest is granted or denied, the reasons therefore and any action(s) to be taken in response thereto. A copy of the chief purchasing officer's written determination shall be mailed to the protestor. I. In the event that the protestor requests access to documents relating to the solicitation or award pursuant to the “Access to Public Records Act,” R.I. Gen. Laws § 38-2-1, et seq. in conjunction with the bid protest, then the chief purchasing officer may defer issuing his written determination until thirty (30) days after the response(s) to the APRA request has been issued.
South CarolinaProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
SC Code Ann § 11-35-4210
Citation Language:
(1) Right to Protest. (a) A prospective bidder, offeror, contractor, or subcontractor who is aggrieved in connection with a solicitation shall protest to the appropriate chief procurement officer in the manner stated in subsection (2) within fifteen days of the date of issuance of the Invitation For Bids Request for Proposals or other solicitation documents, whichever is applicable, or any amendment to it, if the amendment is at issue. An Invitation for Bids or Requests for Proposals or other solicitation document, not including an amendment to it, is considered to have been issued on the date required notice of the issuance is given in accordance with this code. (b) Any actual bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the intended award or award of a contract shall notify the appropriate chief procurement officer in writing of its intent to protest within seven business days of the date that award or notification of intent to award, whichever is earlier, is posted and sent in accordance with this code. Any actual bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the intended award or award of a contract and has timely notified the appropriate chief procurement officer of its intent to protest, may protest to the appropriate chief procurement officer in the manner stated in subsection (2) within fifteen days of the date award or notification of intent to award, whichever is earlier, is posted and sent in accordance with this code; except that a matter that could have been raised pursuant to subitem (a) as a protest of the solicitation may not be raised as a protest of the award or intended award of a contract. (c) Any actual or prospective bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the intended award or award of a contract pursuant to Section 11-35-1560 or Section 11-35-1570 shall notify the appropriate chief procurement officer in writing of its intent to protest within five business days of the date that award or notification of intent to award, whichever is earlier, is posted in accordance with this code. Any actual or prospective bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the intended award or award of such a contract and has timely notified the appropriate chief procurement officer of its intent to protest, may protest to the appropriate chief procurement officer in the manner stated in subsection (2) within fifteen days of the date award or notification of intent to award, whichever is earlier, is posted in accordance with this code; except that a matter that could have been raised pursuant to subitem (a) as a protest of the solicitation may not be raised as a protest of the award or intended award of a contract. (d) The rights and remedies granted by subsection (1) and Section 11-35-4410(1)(b) are not available for contracts with an actual or potential value of up to fifty thousand dollars. (2) Protest Procedure. A protest pursuant to subsection (1) must be in writing, filed with the appropriate chief procurement officer, and set forth the grounds of the protest and the relief requested with enough particularity to give notice of the issues to be decided. The protest must be received by the appropriate chief procurement officer within the time provided in subsection (1). (3) Duty and Authority to Attempt to Settle Protests. Before commencement of an administrative review as provided in subsection (4), the appropriate chief procurement officer, the head of the purchasing agency, or their designees may attempt to settle by mutual agreement a protest of an aggrieved bidder, offeror, contractor, or subcontractor, actual or prospective, concerning the solicitation or award of the contract. The appropriate chief procurement officer has the authority to approve any settlement reached by mutual agreement. (4) Administrative Review and Decision. If in the opinion of the appropriate chief procurement officer, after reasonable attempt, a protest cannot be settled by mutual agreement, the appropriate chief procurement officer shall conduct promptly an administrative review. The appropriate chief procurement officer or his designee shall commence the administrative review no later than fifteen business days after the deadline for receipt of a protest has expired and shall issue a decision in writing within ten days of completion of the review. The decision must state the reasons for the action taken. (5) Notice of Decision. A copy of the decision under subsection (4) along with a statement of appeal rights pursuant to Section 11-35-4210(6) must be mailed or otherwise furnished immediately to the protestant and other party intervening. The appropriate chief procurement officer, or his designee, also shall post a copy of the decision at a date and place communicated to all parties participating in the administrative review, and the posted decision must indicate the date of posting on its face and must be accompanied by a statement of the right to appeal provided in Section 11-35-4210(6). (6) Finality of Decision. A decision pursuant to subsection (4) is final and conclusive, unless fraudulent or unless a person adversely affected by the decision requests a further administrative review by the Procurement Review Panel pursuant to Section 11-35-4410(1) within ten days of posting of the decision in accordance with subsection (5). The request for review must be directed to the appropriate chief procurement officer, who shall forward the request to the panel or to the Procurement Review Panel, and must be in writing, setting forth the reasons for disagreement with the decision of the appropriate chief procurement officer. The person also may request a hearing before the Procurement Review Panel. The appropriate chief procurement officer and an affected governmental body shall have the opportunity to participate fully in a later review or appeal, administrative or judicial. (7) Automatic Stay of Procurement During Protests. In the event of a timely protest pursuant to subsection (1), the State shall not proceed further with the solicitation or award of the contract until ten days after a decision is posted by the appropriate chief procurement officer, or, in the event of timely appeal to the Procurement Review Panel, until a decision is rendered by the panel except that solicitation or award of a protested contract is not stayed if the appropriate chief procurement officer, after consultation with the head of the using agency, makes a written determination that the solicitation or award of the contract without further delay is necessary to protect the interest of the State. (8) Notice of Chief Procurement Officer Address. Notice of the address of the appropriate chief procurement officer must be included in every notice of an intended award and in every invitation for bids, request for proposals, or other type solicitation.
Public Link:
South DakotaProtest Procedure:
Protest Procedure
Status:
No Official Guidance
TennesseeProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
TN ADC 0690-03-01-.12
Citation Language:
(1) Objection of Technical Requirements, Scope of Services or Specifications Prior to Evaluation of Responses. (a) The State shall use technical requirements and scopes of services that are non-restrictive. Concerns regarding any defects or ambiguities involving a solicitation shall be made in writing and delivered to the Central Procurement Office no later than seven (7) calendar days after the solicitation has been posted to the website of the Central Procurement Office or the Delegated State Agency as the case may be. (2) Protest After Notice of Intent to Award. (a) Any aggrieved respondent, who has submitted a response to a solicitation subject to these Rules and applicable law, may file a written protest with the Chief Procurement Officer. The protest must be received by the Central Procurement Office within seven (7) calendar days from the beginning of the Open File Period. 1. On the first day of the Open File Period, all respondents are deemed to know all facts documented in the State's procurement files. 2. A written protest filed by a respondent with the Chief Procurement Officer shall enumerate and detail all grounds for the protest in accordance with these Rules. 3. The Chief Procurement Officer may consider the following grounds for protest and no others: (i) The contract award was arbitrary, capricious, an abuse of discretion or exceeded the authority of the Central Procurement Office or the Delegated State Agency. (ii) The procurement process was conducted contrary to a constitutional, statutory or regulatory provision. (iii) The Central Procurement Office or the Delegated State Agency did not follow the rules of the procurement as set forth in the solicitation in making the contract award, and such failure to follow the rules of the procurement materially affected the contract award. (iv) The procurement process involved responses that were not independently arrived at in open competition, were collusive, or were submitted in bad faith. (v) The contract award was the result of a technical or mathematical mistake or error during the evaluation process. 4. The Aggrieved Respondent challenging the procurement process or contract award has the burden of proof and persuasion with respect to the invalidity of the procurement process or contract award. 5. All protests allowed under this Rule shall first be filed with the Chief Procurement Officer. The Aggrieved Respondent shall have the right to file a protest directly with the Protest Committee, but only in the event the Chief Procurement Officer fails to acknowledge a protest within fifteen (15) calendar days of receipt of a protest, fails to resolve the protest within sixty (60) calendar days, or consents in writing to a direct appeal to the Protest Committee. 6. A written protest that is filed with the Protest Committee shall: (i) Meet the requirements of T.C.A. § 4-56-103; (ii) Be delivered to the Chief Procurement Officer and the Comptroller of the Treasury; and, (iii) Raise only grounds that were raised before the Chief Procurement Officer. 7. All protests, supporting documentation and the resolution or decisions thereof, shall be filed with and maintained by the Central Procurement Office in accordance with T.C.A. § 10-7-503. 8. A protester is required to exhaust his or her administrative remedies as provided by these Rules. The failure of an Aggrieved Respondent to timely raise a ground for protest in accordance with these Rules shall be deemed a waiver of the Aggrieved Respondent's right to seek review of such ground before the Chief Procurement Officer or the Protest Committee. (i) The final determination letter of a protest before the Chief Procurement Officer shall be reported to the Protest Committee and the Comptroller of the Treasury. (ii) The final determination letter of a protest before the Protest Committee shall be reported to the Comptroller of the Treasury.
TexasProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
TEX. GOV’T CODE § 2155.076
Citation Language:
(a) To be considered by the comptroller, a protest must be: (1) in writing and contain: (A) the specific rule, statute or regulation the protesting vendor alleges the solicitation, contract award or tentative award violated; (B) a specific description of each action by the division that the protesting vendor alleges is a violation of the statutory or regulatory provision the protesting vendor identified in subparagraph (A) of this paragraph; (C) a precise statement of the relevant facts including: (i) sufficient documentation to establish that the protest has been timely filed; (ii) a description of the adverse impact to the comptroller and the state; and (iii) a description of the resulting adverse impact to the protesting vendor: (D) a statement of the argument and authorities that the protesting vendor offers in support of the protest; (E) an explanation of the subsequent action the vendor is requesting; and (F) a statement confirming that copies of the protest have been mailed or delivered to the using agency: (2) signed by an authorized representative and the signature notarized; (3) filed in the time period specified in this section; and (4) mailed or delivered to: (A) the comptroller; and (B) the using agency. (b) To be considered timely, the protest must be filed: (1) by the end of the posted solicitation period, if the protest concerns the solicitation documents or actions associated with the publication of solicitation documents; (2) by the day of the award of a contract resulting from the solicitation, if the protest concerns the evaluation or method of evaluation for a solicitation; (3) no later than 10 days after the notice of award, if the protest concerns the award; or (4) no later than 10 days after a vendor grade of C or lower is posted in the system, if the protest involves a grade assigned to a contractor in the vendor performance tracking system.
US Virgin IslandsProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
USVI DPP 10.1
Citation Language:
The Contracting Officer shall consider all protests or objections to the award of a contract, within ten (10) calendar days after receipt of a notice of award/non-award. Protest(s) of award shall be submitted in writing to the Contracting Officer and shall be handled in a manner to be determined by the circumstances. The Contracting Officer will provide a written response to each protest received within the time allotted for receipt of protests. Protests must be addressed to the Commissioner of Property and Procurement in writing and submitted to: debrief_protest@dpp.vi.gov.
UtahProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
UT ST § 63G-6a-1602
Citation Language:
(1) A protest may be filed with the protest officer by a person who: (a) has standing; and (b) is aggrieved in connection with a procurement or an award of a contract. (2) A protest may not be filed after: (a)(i)(A) the opening of bids, for a protest relating to a procurement under a bidding process; or (B) the deadline for submitting responses to the solicitation, for a protest relating to another standard procurement process; or (ii) the closing of the procurement stage that is the subject of the protest: (A) if the protest relates to a multiple-stage procurement; and (B) notwithstanding Subsections (2)(a)(i)(A) and (B); or (b) the day that is seven days after the day on which the person knows or first has constructive knowledge of the facts giving rise to the protest, if: (i) the protestor did not know and did not have constructive knowledge of the facts giving rise to the protest before: (A) the opening of bids, for a protest relating to a procurement under a bidding process; (B) the deadline for submitting responses to the solicitation, for a protest relating to another standard procurement process; or (C) the closing of the procurement stage that is the subject of the protest, if the protest relates to a multiple-stage procurement; or (ii) the protest relates to a procurement process not described in Subsection (2)(a). (3) A deadline under Subsection (2) for filing a protest may not be modified. (4)(a) A protestor shall include in a protest: (i) the protestor's mailing address and email address; and (ii) a concise statement of the facts and evidence: (A) leading the protestor to claim that the protestor has been aggrieved in connection with a procurement and providing the grounds for the protestor's protest; and (B) supporting the protestor's claim of standing. (b) A protest may not be considered unless it contains facts and evidence that, if true, would establish: (i) a violation of this chapter or other applicable law or rule; (ii) the procurement unit's failure to follow a provision of a solicitation; (iii) an error made by an evaluation committee or conducting procurement unit; (iv) a bias exercised by an evaluation committee or an individual committee member, excluding a bias that is a preference arising during the evaluation process because of how well a solicitation response meets criteria in the solicitation; (v) a failure to correctly apply or calculate a scoring criterion; or (vi) that specifications in a solicitation are unduly restrictive or unduly anticompetitive. (5) A protest may not be based on: (a) the rejection of a solicitation response due to a protestor's failure to attend or participate in a mandatory conference, meeting, or site visit held before the deadline for submitting a solicitation response; (b) a vague or unsubstantiated allegation; or (c) a person's claim that: (i) a procurement unit that complied with Section 63G-6a-112 did not provide individual notice of a solicitation to the person; or (ii) the person received late notice of a solicitation for which notice was provided in accordance with Section 63G-6a-112. (6) A protest may not include a request for: (a) an explanation of the rationale or scoring of evaluation committee members; (b) the disclosure of a protected record or protected information in addition to the information provided under the disclosure provisions of this chapter; or (c) other information, documents, or explanations not explicitly provided for in this chapter. (7) A person who fails to file a protest within the time prescribed in Subsection (2) may not: (a) protest to the protest officer a solicitation or award of a contract; or (b) file an action or appeal challenging a solicitation or award of a contract before an appeals panel, a court, or any other forum. (8) Subject to the applicable requirements of Section 63G-10-403, a protest officer or the head of a procurement unit may enter into a settlement agreement to resolve a protest.
VermontProtest Procedure:
Protest Procedure
Status:
No Official Guidance
VirginiaProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
VA ST § 2.2-4360
Citation Language:
A. Any bidder or offeror, who desires to protest the award or decision to award a contract shall submit the protest in writing to the public body, or an official designated by the public body, no later than ten days after the award or the announcement of the decision to award, whichever occurs first. Public notice of the award or the announcement of the decision to award shall be given by the public body in the manner prescribed in the terms or conditions of the Invitation to Bid or Request for Proposal. Any potential bidder or offeror on a contract negotiated on a sole source or emergency basis who desires to protest the award or decision to award such contract shall submit the protest in the same manner no later than ten days after posting or publication of the notice of such contract as provided in § 2.2-4303. However, if the protest of any actual or potential bidder or offeror depends in whole or in part upon information contained in public records pertaining to the procurement transaction that are subject to inspection under § 2.2-4342, then the time within which the protest shall be submitted shall expire ten days after those records are available for inspection by such bidder or offeror under § 2.2-4342, or at such later time as provided in this section. No protest shall lie for a claim that the selected bidder or offeror is not a responsible bidder or offeror. The written protest shall include the basis for the protest and the relief sought. The public body or designated official shall issue a decision in writing within ten days stating the reasons for the action taken. This decision shall be final unless the bidder or offeror appeals within ten days of receipt of the written decision by invoking administrative procedures meeting the standards of § 2.2-4365, if available, or in the alternative by instituting legal action as provided in § 2.2-4364. Nothing in this subsection shall be construed to permit a bidder to challenge the validity of the terms or conditions of the Invitation to Bid or Request for Proposal. B. If prior to an award it is determined that the decision to award is arbitrary or capricious, then the sole relief shall be a finding to that effect. The public body shall cancel the proposed award or revise it to comply with the law. If, after an award, it is determined that an award of a contract was arbitrary or capricious, then the sole relief shall be as hereinafter provided. Where the award has been made but performance has not begun, the performance of the contract may be enjoined. Where the award has been made and performance has begun, the public body may declare the contract void upon a finding that this action is in the best interest of the public. Where a contract is declared void, the performing contractor shall be compensated for the cost of performance up to the time of such declaration. In no event shall the performing contractor be entitled to lost profits. C. Where a public body, an official designated by that public body, or an appeals board determines, after a hearing held following reasonable notice to all bidders, that there is probable cause to believe that a decision to award was based on fraud or corruption or on an act in violation of Article 6 (§ 2.2-4367 et seq.) of this chapter, the public body, designated official or appeals board may enjoin the award of the contract to a particular bidder.
WashingtonProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
WA ST 39.26.170; WA ST 39.04.105
Citation Language:
Good and Services Procurement see WA ST 39.26.170 Public Works Procurement see WA ST 39.04.105
Comments:
State has multiple protest procedures Good and Services Procurement public link: https://apps.leg.wa.gov/rcw/default.aspx?cite=39.26.170; Public Works Procurement public link: https://app.leg.wa.gov/rcw/default.aspx?cite=39.04.105
West VirginiaProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
WV ADC § 148-1-8
Citation Language:
8.1. Submission of Protest. 8.1.a. 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.b. All protests must be submitted in writing to the Purchasing Division and contain the following information: 8.1.b.1. The name and address of the protestor; 8.1.b.2. The requisition, solicitation, purchase order or contract numbers; 8.1.b.3. A statement of the grounds of protest; 8.1.b.4. Supporting documentation, if necessary; and 8.1.b.5. The resolution or relief sought. 8.1.c. Failure to submit this information shall be grounds for rejection of the protest by the Director. 8.2. Protest Review. 8.2.a. 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.b. 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.
WisconsinProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
WI ADC § Adm 10.15
Citation Language:
(1) Right to protest. Any bidder or proposer or labor organization or organizations representing the appropriate certified state collective bargaining unit or units who is aggrieved in connection with a solicitation or a notice of intent to award a contract may protest to the procuring agency. The protestor shall file a notice of intent to protest in writing with the head of the procuring agency, or designee, within 5 working days after issuance of the solicitation, or after issuance of the letter of intent to award a contract, and shall serve the protest in writing on the head of the procuring agency, or designee, within 10 working days after issuance of the solicitation, or after issuance of the letter of intent to award a contract. (2) Authority to resolve protests. The head of the procuring agency, or designee, shall have the authority to settle and resolve a protest of an aggrieved bidder or proposer concerning the solicitation or intent to award a contract. (3) Decision. If the protest is not resolved by mutual agreement, the head of the procuring agency, or designee, shall promptly issue a decision in writing. (4) Notice of decision. A copy of the decision shall be mailed or otherwise furnished to the protestor. (5) Appeal. The protestor may appeal the decision of the procuring agency, provided the protestor alleges a violation of a statute or a provision of this chapter, to the secretary within 5 working days of issuance of the decision. The secretary, or designee, shall take necessary action to settle and resolve the protest and shall promptly issue a decision in writing which shall be mailed or otherwise furnished to the protestor. (6) State of procurements during protests. In the event of the filing of a timely notice of intent to protest, protest or appeal under sub. (1), the state shall not proceed further with the solicitation or with the award of the contract until a decision is rendered in response to the protest or appeal, or unless the secretary, after consultation with the head of the contracting agency, makes a written determination that the award of the contract without delay is necessary to protect substantial interests of the state.
WyomingProtest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
WY ADC 006.0006.4 § 1
Citation Language:
Protest of specific procurements conducted by the Wyoming state government may be made by the bidders, proposers or qualified potential bidders or proposers for that product or service for up to 10 (ten) days following the date of notice of intent to award of the contract or purchase order. (a) Availability. Those proprietors, vendors, or firms submitting a bid or proposal for the specific procurement to be protested may participate in the protest procedure. (b) Time. Protest shall be made, in writing, within ten calendar days of notice of intent to award the contract or purchase order by the state. (c) Notification of Protest. A protest must be made in writing to: State Procurement Department of Administration and Information 700 West 21st Street Cheyenne, Wyoming 82002
Public Link:
