Protest Appeals
AlabamaStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
AlaskaStatus:
Statutory Guidance
Citation:
AK ST § 36.30.590
Citation Language:
(a) An appeal from a decision of a procurement officer on a protest may be filed by the protester with the commissioner of administration, or for protests involving construction or procurements for the state equipment fleet, the commissioner of transportation and public facilities. An appeal shall be filed within 10 days after the decision is received by the protester. The protester shall file a copy of the appeal with the procurement officer. (b) An appeal must contain the information required under AS 36.30.560. In addition, the appeal must include (1) a copy of the decision being appealed; and (2) identification of the factual or legal errors in the decision that form the basis for the appeal.
Public Link:
ArizonaStatus:
Statutory Guidance
Citation:
AZ ADC R2-7-A905
Citation Language:
A. An interested party may appeal the decision entered or deemed to be entered by the agency chief procurement officer to the director within 30 days after the date the decision is received or deemed received under R2-7-A903. The interested party shall file a copy of the appeal with the director, the agency chief procurement officer, and the state procurement administrator. B. The interested party shall file the appeal in writing and shall include the following information: 1. The information prescribed in R2-7-A901(B) including the identification of confidential information under R2-7-103; 2. A copy of the decision of the agency chief procurement officer; and 3. The precise factual or legal error in the decision of the agency chief procurement officer from which an appeal is taken. C. The director may consider any appeal that is not filed timely if: 1. The interested party shows good cause; or 2. The director finds there is good cause.
ArkansasStatus:
Statutory Guidance
Citation:
AR ST § 19-11-244(b)(1)(A)(2)
Citation Language:
(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.
CaliforniaStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
ColoradoStatus:
Statutory Guidance
Citation:
1 CO ADC 101-9:R-24-109-202-01
Citation Language:
a) An aggrieved party may file a written appeal of any decision. Appeals of decisions of the procurement official shall be submitted in writing to the executive director within ten (10) business days of the date a decision is mailed or within twenty (20) business days of a decision regarding a suspension, debarment or contract controversy, in accordance with section 24-109-203, C.R.S. Appeals received after the prescribed time periods shall not be considered (b) The written appeal 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) or controversy giving rise to the appeal; (iv) copies of all documents and evidence previously submitted to the procurement official or his or her designee; (v) the decision rendered by the procurement official or his or her designee or, in the absence of a timely decision under subsection 3 of section 24-109-102, C.R.S., a statement of this fact; and (vi) any additional relevant information. (c) The written appeal shall be limited to the material issues raised in the original protest. (d) A written appeal shall be submitted to the executive director or his or her designee in a manner such as mail, hand delivery, or electronic submission such as email. The means of delivery must be commonly used to reasonably allow for receipt by the executive director or his or designee. (e) A written appeal must be received by the executive director or his or her designee by the deadline computed in accordance with rule R-24-109-108.
ConnecticutStatus:
No Statutory Guidance
DelawareStatus:
No Statutory Guidance
District of ColumbiaStatus:
Statutory Guidance
Citation:
DC CODE § 2-360.04
Citation Language:
(a) Except as provided in § 2-359.08, within 90 days after the date of receipt of a decision of the contracting officer, the contractor may appeal the decision to the Board by filing a complaint. (b) The Board shall provide, to the fullest extent practicable, informal, expeditious, and inexpensive resolution of disputes, shall issue a decision in writing, or take other appropriate action on each appeal submitted, and shall mail or otherwise furnish a copy of the decision to the contractor and the Mayor. All decisions which constitute a final adjudication of appeal on the merits shall be published in the District of Columbia Register. (c)(1) The rules of the Board shall include a procedure for the accelerated disposition of any appeal from a decision of the contracting officer if the amount in dispute is $50,000 or less. (2) The procedure shall be applicable at the sole election of the contractor. (3) Appeals under the accelerated procedure shall be resolved within 180 days from the date the contractor elects to utilize the procedure. (d)(1) The rules of the Board shall include a small claims procedure for the expedited disposition of any appeal from a decision of the contracting officer if the amount in dispute is $10,000 or less. The procedure shall be applicable at the sole election of the contractor. (2) The small claims procedure shall provide for simplified rules of procedure to facilitate the decision of any appeal. The appeals may be decided by a single member of the Board with any concurrences required by rule. (3) Appeals under the small claims procedure shall be resolved, whenever possible, within 90 days from the date on which the contractor files an appeal. (4) A decision against the District government or the contractor reached under the small claims procedure shall be final and conclusive and shall not be set aside except in cases of fraud. (5) Administrative determinations and final decisions under the small claims procedure shall have no value as precedent for future cases under this subchapter.
FloridaStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
GeorgiaStatus:
Other
Citation:
Georgia Procurement Manual 6.5.11
Citation Language:
Table 6.10 Parties Eligible to Request Formal Review If the protest concerns: Challenge to Competitive Solicitation Process Then, the following parties may appeal the resulting protest decision: -The supplier filing the protest. -Any supplier adversely impacted by the protest decision provided the supplier is interested in and capable of providing the goods/services at issue. -The state entity identified in the solicitation. If the protest concerns: Challenge to Sole Source Notice Then, the following parties may appeal the resulting protest decision: -The supplier filing the protest. -The identified sole source supplier. -The state entity identified in the sole source notice. If the protest concerns: Challenge to Results of RFQC Then, the following parties may appeal the resulting protest decision: -The supplier filing the protest. -Any supplier adversely impacted by the protest decision provided that supplier submitted a timely response to the RFQC. -The state entity identified in the RFQC. If the protest concerns: Challenge to an Intended or Actual Contract Award Then, the following parties may appeal the resulting protest decision: -The supplier filing the protest. -Any supplier adversely impacted by the protest decision provided that supplier submitted a timely response to the solicitation. -The state entity identified in the solicitation. Any request for formal review must be submitted to the DOAS Commissioner via e-mail at protests@doas.ga.gov. Such request for formal review must be received by the DOAS Commissioner within three business days of the issuance of the protest decision. The request for formal review must be in writing and will identify any errors in the protest decision as well as the factual and legal grounds upon which reversal or modification of the protest decision is deemed warranted. The parties involved in the protest have a right to a hearing before the DOAS Commissioner. If a hearing is requested, the DOAS Commissioner, or designee, shall issue a Procedural Order, scheduling and providing details for a hearing. The parties may submit documentary evidence and witness testimony in the form of affidavits prior to the hearing. The DOAS Commissioner may solicit additional information from the parties at any time prior to the issuing of the final decision. Issues not raised in the initial protest or issues not raised in the initial request for formal review may, at the discretion of the DOAS Commissioner, be deemed voluntarily relinquished. The protesting party may request that the hearing be conducted before a court reporter. Such request must be in writing and include an agreement by the protesting party that it shall secure and pay for the court reporting services for such hearing. To be made part of the record, the original transcript of any such proceedings shall be submitted to the DOAS Commissioner as soon as the transcript is available, without cost. The DOAS Commissioner will make a decision on the protest as expeditiously as possible after receiving all relevant requested information. The decision of the DOAS Commissioner will be the final DOAS action regarding the protest. No motion for reconsideration shall be considered.
GuamStatus:
Statutory Guidance
Citation:
GAR 2-4-12-§12108
Citation Language:
(a) Request for Hearing. In all Appeals to the Public Auditor of suspension or debarment, a hearing shall be conducted. In all other Appeals, including Appeals of protests or contract disputes, the parties shall either request a hearing in writing or waive their right to a hearing and submit the case on the record without a hearing. Request for a hearing shall be made prior to the expiration of the time period allowed for filing comments on the agency report, and shall be in a form substantially similar to Appendix D to this Chapter. Except in unusual circumstances, requests for a hearing received after such time will not be honored.
HawaiiStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
IdahoStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
IllinoisStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
IndianaStatus:
Statutory Guidance
Citation:
Indiana Department of Administration Procurement Office Website
Citation Language:
Appeals If a Bidder or Offeror receives an adverse determination, the Bidder or Offeror may submit a request for appeal to the Commissioner
IowaStatus:
Statutory Guidance
Citation:
IA ADC 11-117.20(4)
Citation Language:
a. The proposed decision shall become the final decision of the department 15 days after mailing the proposed decision, unless prior to that time a party submits an appeal of the proposed decision in accordance with the provisions of this subrule. b. A party appealing the proposed decision shall mail or deliver the notices of appeal to the Director, Department of Administrative Services, Hoover State Office Building, Third Floor, Des Moines, Iowa 50319. Failure to request review will preclude judicial review unless the department reviews the proposed decision on its own motion. If the department reviews the proposed decision on its own motion, it will send notice of the review to all parties participating in the appeal. c. A party appealing the proposed decision shall mail a copy of the notice of appeal to all other parties. Any party may submit to the department exceptions to and a brief in support of or in opposition to the proposed decision within 15 days after the mailing of a notice of appeal or of a request for review. The submitting party shall mail copies of any exceptions or brief it files to all other parties to the proceeding. The director shall notify the parties if the department deems oral arguments by the parties to be appropriate. The director will issue a final decision not less than 30 days after the notice of appeal is filed. d. The department shall review the proposed decision based on the record and issues raised in the hearing. The department shall not take any further evidence and shall not consider issues that were not raised at the hearing. The issues for review shall be specified in the party's notice of appeal. The party appealing the proposed decision shall be responsible for transcribing any tape of the proceeding before the presiding officer and filing the transcript as part of the record for review. The party appealing the proposed decision shall bear the cost of the transcription regardless of the method used to transcribe the tape. e. Each party shall have the opportunity to file exceptions to the proposed decision and present briefs in support of or in opposition to the proposed decision. The department may set a deadline for submission of briefs. When the department consents, oral arguments may be presented. A party wishing to make an oral argument shall specifically request it. The department in its sole discretion may schedule oral arguments regarding the appeal. The department shall notify all parties in advance of the scheduled time and place for oral arguments. f. The director shall issue a final decision by the department. The decision shall be in writing and shall conform to the requirements of Iowa Code chapter 17A.
KansasStatus:
No Statutory Guidance
KentuckyStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
LouisianaStatus:
Statutory Guidance
Citation:
LA R.S. 39:1683
Citation Language:
A. Scope. This Section applies to an appeal addressed to the commissioner of a decision under R.S. 39:1671(C). B. Time limitation on filing an appeal. The aggrieved person shall file an appeal within seven days of receipt of a decision under R.S. 39:1671(C). C. Decision. On any appeal under Subsection A of this Section, the commissioner shall decide within fourteen days whether the solicitation or award was in accordance with the constitution, statutes, regulations, and the terms and conditions of the solicitation. Any prior determinations by the state chief procurement officer or his designee shall not be final or conclusive. 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 or 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 to the court in accordance with R.S. 39:1691(A).
Public Link:
MaineStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
MarylandStatus:
Statutory Guidance
Citation:
MD ADC 21.10.02.10
Citation Language:
A. Protesters are required to seek resolution of their complaints initially with the procurement agency. A subsequent appeal by an interested party to the Appeals Board shall be filed within 10 days of receipt of notice of the final procurement agency action. B. An appeal received by the Appeals Board after the time prescribed in §A of this regulation may not be considered unless it was sent by registered or certified mail not later than the fifth day before the final date for filing an appeal as specified in §A of this regulation. A date affixed by postage meter will not be considered as evidence of the actual mailing date. The only acceptable evidence to establish the date of mailing shall be the U.S. Postal Service postmark on the wrapper or on the original receipt from the U.S. Postal Service. If the postmark is illegible, the appeal shall be deemed to have been filed when received by the Appeals Board.
MassachusettsStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
MichiganStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
MinnesotaStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
MississippiStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
MissouriStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
MontanaStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
NebraskaStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
NevadaStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
New HampshireStatus:
No Statutory Guidance
New JerseyStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
New MexicoStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
New YorkStatus:
Statutory Guidance
Citation:
2 NY ADC 24.5
Citation Language:
(a) Time to file an appeal. (1) An interested party may file an appeal of a public contracting entity's protest determination with the Bureau of Contracts within 10 business days of receiving the public contracting entity's protest determination. (2) In its appeal, the interested party shall set forth the basis on which it challenges the public contracting entity's protest determination. The interested party shall also include, as an exhibit to its appeal, a copy of the initial bid protest submitted to the public contracting entity and the determination of such bid protest issued by the public contracting entity. (b) Service and delivery. (1) The protesting party must simultaneously deliver a copy of the appeal to the public contracting entity and the successful bidder, and shall provide evidence of such delivery, either by showing that an electronic copy has been provided, or by attaching to the appeal an affirmation in writing as to such delivery. (2) Where the public contracting entity upholds the protest and the initial successful bidder files the appeal, a copy of the appeal shall be served on the original protesting party. (3) In the case of an appeal related to a procurement that resulted in contract awards to multiple successful bidders, the Bureau of Contracts shall determine, in its sole discretion, whether any or all of the successful bidders should be provided with a copy of the appeal and an opportunity to respond. (c) Answers to the appeal. (1) The public contracting entity may file an answer to the appeal with the Bureau of Contracts simultaneously with the delivery of the contract to the Bureau of Contracts for its review, or within seven business days of the filing of the appeal, whichever is later. A copy of the public contracting entity's answer shall be simultaneously delivered to the protesting party and the successful bidder, and the public contracting entity must provide evidence of such delivery, either by showing that an electronic copy has been provided, or by attaching to the answer an affirmation in writing as to such delivery. (2) If there are multiple successful bidders, the public contracting entity shall deliver a copy of its answer to the successful bidders at the direction of the Bureau of Contracts. (3) The successful bidder (or, where the public contracting entity upholds the agency level protest, the original protesting party) may file an answer to the appeal with the Bureau of Contracts no later than the date that the public contracting entity is required to file its answer. If the successful bidder chooses to file an answer, it must simultaneously deliver a copy of such answer to the public contracting entity and the protesting party, and it must provide evidence of such delivery, either by showing that an electronic copy has been provided, or by attaching to the answer an affirmation in writing as to such delivery. (d) The answers to the appeal, if submitted, shall constitute the final submission permitted as of right under this section. The Bureau of Contracts is not required to consider any additional filings or any materials submitted beyond those filings specifically set forth in this section in rendering its determination of the appeal. (e) The Bureau of Contracts may, in its sole discretion and for good cause shown, waive any deadline set forth in this section. (f) Where appropriate, the Bureau of Contracts may require the public contracting entity, the protesting party, the successful bidder, or any other interested party, to address additional issues identified by the Bureau of Contracts and submit further information regarding the procurement. (g) Nothing herein shall preclude the Bureau of Contracts from obtaining information relevant to the procurement from any outside source, as it deems appropriate. Reliance on outside source information, if any, will be identified by Bureau of Contracts in its written determination. (h) The Bureau of Contracts shall issue a written determination, contemporaneously with its final action on the contract, addressing the issues raised by the appeal. The Bureau of Contracts shall provide a copy of the determination to all interested parties. The determination shall be made part of the procurement record.
North CarolinaStatus:
Statutory Guidance
Citation:
NC Gen. Stat, Art. 3 § 150B-23(a)
Citation Language:
(a) A contested case shall be commenced by paying a fee in an amount established in G.S. 150B-23.2 and by filing a petition with the Office of Administrative Hearings and, except as provided in Article 3A of this Chapter, shall be conducted by that Office. The party that files the petition shall serve a copy of the petition on all other parties and, if the dispute concerns a license, the person that holds the license. A party that files a petition shall file a certificate of service together with the petition. A petition shall be signed by a party, an attorney representing a party, or other representative of the party as may specifically be authorized by law, and, if filed by a party other than an agency, shall state facts tending to establish that the agency named as the respondent has deprived the petitioner of property, has ordered the petitioner to pay a fine or civil penalty, or has otherwise substantially prejudiced the petitioner's rights and that the agency did any of the following: (1) Exceeded its authority or jurisdiction. (2) Acted erroneously. (3) Failed to use proper procedure. (4) Acted arbitrarily or capriciously. (5) Failed to act as required by law or rule. The parties in a contested case shall be given an opportunity for a hearing without undue delay. Any person aggrieved may commence a contested case under this section. A local government employee, applicant for employment, or former employee to whom Chapter 126 of the General Statutes applies may commence a contested case under this Article in the same manner as any other petitioner. The case shall be conducted in the same manner as other contested cases under this Article. A business entity may represent itself using a nonattorney representative who is one or more of the following of the business entity: (i) officer, (ii) manager or member-manager, if the business entity is a limited liability company, (iii) employee whose income is reported on IRS Form W-2, if the business entity authorizes the representation in writing, or (iv) owner of the business entity, if the business entity authorizes the representation in writing and if the owner's interest in the business entity is at least twenty-five percent (25%). Authority for and prior notice of nonattorney representation shall be made in writing, under penalty of perjury, to the Office on a form provided by the Office....
North DakotaStatus:
Statutory Guidance
Citation:
ND ADC 4-12-14-03
Citation Language:
1. The aggrieved party may appeal the decision of the procurement officer to the director or designee within seven calendar days after receiving notice of the decision. a. The director or designee has seven calendar days to review the protest and render a decision in writing. If the appeal is submitted on a weekend or state holiday, the seven-day period will commence on the first working day after the appeal was submitted. b. During the time the appeal is being considered, the award will be stayed, unless a written determination is made that award without delay is necessary to protect the interests of the state. c. If the protest is not resolved by mutual agreement, the director or designee will promptly issue a decision in writing stating the reasons for the action taken and informing the protestant of its right to judicial or administrative review, if any, as provided by the laws of North Dakota. d. A decision under this subsection is final and conclusive. 2. If the protest is sustained, the director or designee has the authority to resolve the protest in the best interests of the state. a. Remedies may include cancellation and reissue of a solicitation, amendment of a solicitation and evaluation criteria, and cancellation of a contract award. b. When a protest is sustained and the protesting bidder or offeror should have been awarded the contract under the solicitation but is not, a bidder or offeror may not recover profits that it anticipates would have been made if that party had been awarded the contract. Any other settlement of relief must be referred to the office of the attorney general. 3. Frivolous protests may be cause for suspension or debarment from consideration of contract award for a period of up to three years. A written determination by the state procurement manager is required for this action. 4. Nothing in this section is intended to affect the power of the attorney general to settle actions pending before the courts.
OhioStatus:
No Statutory Guidance
Comments:
Ohio’s statutes, rules, and regulations do not provide appeal rights to bidders and offerors.
OklahomaStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
OregonStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
PennsylvaniaStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
Puerto RicoStatus:
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:
The Determination final of the Auction Board shall contain findings of fact and Conclusions of law. The party adversely affected by an action, final determination or resolution of the Auction Board may file a appeal for review, in accordance with the provisions of Chapter VIII of this Law.
Rhode IslandStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
South CarolinaStatus:
Statutory Guidance
Citation:
SC Code Ann § 11-35-4410 ; SC Code Ann § 11-35-4210(6)
Citation Language:
(1) Creation. There is created the South Carolina Procurement Review Panel which is charged with the responsibility to review and determine de novo: (a) requests for review of written determinations of the chief procurement officers pursuant to Sections 11-35-4210(6), 11-35-4220(5), and 11-35-4230(6); and (b) requests for review of other written determinations, decisions, policies, and procedures arising from or concerning the procurement of supplies, services, information technology, or construction procured in accordance with the provisions of this code and the ensuing regulations; except that a matter which could have been brought before the chief procurement officers in a timely and appropriate manner pursuant to Sections 11-35-4210, 11-35-4220, or 11-35-4230, but was not, must not be the subject of review under this paragraph. Requests for review pursuant to this paragraph must be submitted to the Procurement Review Panel in writing, setting forth the grounds, within fifteen days of the date of the written determinations, decisions, policies, and procedures. ; (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.
Public Link:
South DakotaStatus:
No Statutory Guidance
TennesseeStatus:
Statutory Guidance
Citation:
TN ADC 0690-03-01-.12(2)(5)
Citation Language:
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.
TexasStatus:
Statutory Guidance
Citation:
34 TAC § 20.538
Citation Language:
(a) If a protest is based on a solicitation or contract award, the protesting party may appeal a determination of a protest by the director to the general counsel. An appeal of the director's determination must be in writing and received in the office of the general counsel not later than 10 days after the date the director sent written notice of the director's determination. The scope of the appeal shall be limited to review of the director's determination. The protesting party must mail or deliver to the using agency and all other interested parties a copy of the appeal, which must contain a certified statement that such copies have been provided. (b) The general counsel may refer the matter to the associate deputy comptroller or chief clerk for consideration or may issue a written decision that resolves the protest. (c) If the general counsel refers the protest to the associate deputy comptroller or chief clerk, the general counsel shall deliver the information the associate deputy comptroller or chief clerk determines necessary. (d) A protest or appeal that is not filed timely shall not be considered unless good cause for delay is shown or the chief clerk determines that an appeal raises issues that are significant to agency procurement practices or procedures in general. (e) A written decision issued by the chief clerk, associate deputy comptroller or the general counsel shall be the final administrative action of the comptroller.
US Virgin IslandsStatus:
No Statutory Guidance
UtahStatus:
Statutory Guidance
Citation:
UT ST § 63G-6a-1702
Citation Language:
(1) This part applies to all procurement units other than: (a) a legislative procurement unit; (b) a judicial procurement unit; (c) a nonadopting local government procurement unit; or (d) a public transit district. (2)(a) Subject to Section 63G-6a-1703, a protestor may appeal to the board a protest decision of a procurement unit that is subject to this part by filing a written notice of appeal with the chair of the board within seven days after: (i) the day on which the written decision described in Section 63G-6a-1603 is: (A) personally served on the party or the party's representative; or (B) emailed or mailed to the address or email address provided by the party under Subsection 63G-6a-1602(4); or (ii) the day on which the 30-day period described in Subsection 63G-6a-1603(9) ends, if a written decision is not issued before the end of the 30-day period. (b) A notice of appeal under Subsection (2)(a) shall: (i) include the address of record and email address of record of the party filing the notice of appeal; and (ii) be accompanied by a copy of any written protest decision. (c) The deadline for appealing a protest decision may not be modified. (3) A person may not base an appeal of a protest under this section on: (a) a ground not specified in the person's protest under Section 63G-6a-1602; or (b) new or additional evidence not considered by the protest officer. (4)(a) A person may not appeal from a protest described in Section 63G-6a-1602, unless: (i) a decision on the protest has been issued; or (ii) a decision is not issued and the 30-day period described in Subsection 63G-6a-1603(9), or a longer period agreed to by the parties, has passed. (b) A procurement unit may not appeal a protest decision or other determination made by the procurement unit's protest officer. (5)(a) Within seven days after the chair of the board receives a written notice of an appeal under this section, the chair shall submit a written request to the protest officer for the protest appeal record. (b) Within seven days after the chair receives the protest appeal record from the protest officer, the appointing officer shall, in consultation with the attorney general's office: (i) review the appeal to determine whether the appeal complies with the requirements of Subsections (2), (3), and (4) and Section 63G-6a-1703; and (ii)(A) dismiss any claim asserted in the appeal, or dismiss the appeal, without holding a hearing if the appointing officer determines that the claim or appeal, respectively, fails to comply with any of the requirements listed in Subsection (5)(b)(i); or (B) appoint a procurement appeals panel to conduct an administrative review of any claim in the appeal that has not been dismissed under Subsection (5)(b)(ii)(A), if the appointing officer determines that one or more claims asserted in the appeal comply with the requirements listed in Subsection (5)(b)(i). (c) A procurement appeals panel appointed under Subsection (5)(a) shall consist of an odd number of at least three individuals, each of whom is: (i) a member of the board; or (ii) a designee of a member appointed under Subsection (5)(c)(i), if the designee is approved by the chair of the board. (d) The appointing officer shall appoint one of the members of the procurement appeals panel to serve as the coordinator of the panel. (e) The appointing officer may: (i) appoint the same procurement appeals panel to hear more than one appeal; or (ii) appoint a separate procurement appeals panel for each appeal. (f) The appointing officer may not appoint a person to a procurement appeals panel if the person is employed by the procurement unit responsible for the solicitation, contract award, or other action that is the subject of the protestor's protest. (g) The appointing officer shall, at the time the procurement appeals panel is appointed, provide appeals panel members with a copy of the notice of appeal filed under Subsection (2) and the protest decision record. (6)(a) A procurement appeals panel described in Subsection (5): (i) shall conduct an administrative review of the appeal within 30 days after the day on which the procurement appeals panel is appointed, or before a later date that all parties agree upon, unless the appeal is dismissed under Subsection (8)(a); and (ii)(A) may, as part of the administrative review and at the sole discretion of the procurement appeals panel, conduct an informal hearing, if the procurement appeals panel considers a hearing to be necessary; and (B) if the procurement appeals panel conducts an informal hearing, shall, at least seven days before the hearing, mail, email, or hand-deliver a written notice of the hearing to the parties to the appeal. (b) A procurement appeals panel may, during an informal hearing, ask questions and receive responses regarding the appeal and the protest appeal record to assist the procurement appeals panel to understand the basis of the appeal and information contained in the protest appeal record, but may not otherwise take any additional evidence or consider any additional ground for the appeal. (7) A procurement appeals panel shall consider and decide the appeal based solely on: (a) the notice of appeal and the protest appeal record; and (b) responses received during an informal hearing, if an informal hearing is held and to the extent allowed under Subsection (6)(b). (8) A procurement appeals panel: (a) may dismiss an appeal if the appeal does not comply with the requirements of this chapter; and (b) shall uphold the protest decision unless the protest decision is arbitrary and capricious or clearly erroneous. (9) The procurement appeals panel shall, within seven days after the day on which the procurement appeals panel concludes the administrative review: (a) issue a written decision on the appeal; and (b) mail, email, or hand-deliver the written decision on the appeal to the parties to the appeal and to the protest officer. (10)(a) The deliberations of a procurement appeals panel may be held in private. (b) If the procurement appeals panel is a public body, as defined in Section 52-4-103, the procurement appeals panel shall comply with Section 52-4-205 in closing a meeting for its deliberations. (11) A procurement appeals panel may continue an administrative review under this section beyond the 30-day period described in Subsection (6)(a)(i) if the procurement appeals panel determines that the continuance is in the interests of justice. (12) If a procurement appeals panel determines that the decision of the protest officer is arbitrary and capricious or clearly erroneous, the procurement appeals panel: (a) shall remand the matter to the protest officer, to cure the problem or render a new decision; (b) may recommend action that the protest officer should take; and (c) may not order that: (i) a contract be awarded to a certain person; (ii) a contract or solicitation be cancelled; or (iii) any other action be taken other than the action described in Subsection (12)(a). (13) The board shall make rules relating to the conduct of an appeals proceeding, including rules that provide for: (a) expedited proceedings; and (b) electronic participation in the proceedings by panel members and participants. (14) The Rules of Evidence do not apply to a hearing held by a procurement appeals panel. (15) Part 20, Records, applies to the records involved in the process described in this section, including the decision issued by a procurement appeals panel.
VermontStatus:
No Statutory Guidance
VirginiaStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
WashingtonStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
West VirginiaStatus:
Statutory Guidance
Citation:
W. Va. Code 29A-5-4
Citation Language:
(a) Any party adversely affected by a final order or decision in a contested case is entitled to judicial review thereof under this chapter, but nothing in this chapter shall be deemed to prevent other means of review, redress, or relief provided by law. (b) Proceedings for review of any final order or decision issued on or before June 30, 2022, shall be instituted by filing a petition, at the election of the petitioner, in either the Circuit Court of Kanawha County, West Virginia, or in the circuit court of the county in which the petitioner or any one of the petitioners resides or does business, or with the judge thereof in vacation, within 30 days after the date upon which such party received notice of the final order or decision of the agency. Notwithstanding any provision of this code to the contrary, proceedings for judicial review of any final order or decision issued after June 30, 2022, must be instituted by filing an appeal to the Intermediate Court of Appeals as provided in § 51-11-1 et seq. of this code. A copy of the petition shall be served upon the agency and all other parties of record by registered or certified mail. The petition shall state whether the appeal is taken on questions of law or questions of fact, or both. No appeal bond shall be required to affect any such appeal. (c) The filing of the petition shall not stay enforcement of the agency order or decision or act as a supersedeas thereto, but the agency may stay such enforcement, and the appellant, at any time after the filing of his or her petition, may apply to such court for a stay of or supersedeas to such final order or decision. Pending the appeal, the court may grant a stay or supersedeas upon such terms as it deems proper. (d) Within 15 days after receipt of a copy of the petition by the agency, or within such further time as the court may allow, the agency shall transmit to such court the original or a certified copy of the entire record of the proceeding under review, including a transcript of all testimony and all papers, motions, documents, evidence, and records as were before the agency, all agency staff memoranda submitted in connection with the case, and a statement of matters officially noted; but, by stipulation of all parties to the review proceeding, the record may be shortened. The expense of preparing such record shall be taxed as a part of the costs of the appeal. The appellant shall provide security for costs satisfactory to the court. Any party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs involved. Upon demand by any party to the appeal, the agency shall furnish, at the cost of the party requesting same, a copy of such record. In the event the complete record is not filed with the court within the time provided for in this section, the appellant may apply to the court to have the case docketed, and the court shall order such record filed. (e) Appeals taken on questions of law, fact, or both, shall be heard upon assignments of error filed in the cause or set out in the briefs of the appellant. Errors not argued by brief may be disregarded, but the court may consider and decide errors which are not assigned or argued. The court or judge shall fix a date and time for the hearing on the petition, but such hearing, unless by agreement of the parties, shall not be held sooner than 10 days after the filing of the petition, and notice of such date and time shall be forthwith given to the agency. (f) The review shall be conducted by the court without a jury and shall be upon the record made before the agency, except that in cases of alleged irregularities in procedure before the agency, not shown in the record, testimony thereon may be taken before the court. The court may hear oral arguments and require written briefs. (g) The court may affirm the order or decision of the agency or remand the case for further proceedings. It shall reverse, vacate, or modify the order or decision of the agency if the substantial rights of the petitioner or petitioners have been prejudiced because the administrative findings, inferences, conclusions, decision, or order are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority or jurisdiction of the agency; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Clearly wrong in view of the reliable, probative, and substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. (h) The judgment of the circuit court or the Intermediate Court of Appeals, whichever is applicable, shall be final unless reversed, vacated, or modified on appeal to the Supreme Court of Appeals of this state in accordance with the provisions of § 29A-6-1 of this code.
Public Link:
WisconsinStatus:
Statutory Guidance
Citation:
WI ADC § Adm 10.15(5)
Citation Language:
(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.
WyomingStatus:
No Statutory Guidance
Comments:
Decision must be challenged in court
