§2600.1120. Protests

a)         An actual or prospective bidder, offeror, or vendor that may be aggrieved in connection with a procurement may file a written protest with the CPO on any phase of solicitation or award, including but not limited to specifications preparation, bid solicitation, or award.

 

b)         Filing of Protest

 

1)         Protests shall be made in writing to the CPO and shall be filed within 7 calendar days after the protester knows or should have known of the facts giving rise to the protest.  A protest is considered filed when physically received by the CPO.  Protests filed after the 7 calendar day period shall not be considered.  In regard to a protest regarding specifications, the protest must be received within 7 calendar days after the date the solicitation was issued, and in any event must be received by SBEL at the designated address before the date for opening of bids or proposals.  For the purpose of protests to sole source contracts, the protest period shall be 14 days.

 

2)         To be considered a protest under this Section, the envelope must be labeled as a protest and include the name and address of the protester, an identification of the procurement or contract, a statement of the protest and any supporting documentation or evidence that is relevant to the protest.

 

c)         Any additional information requested by SBEL shall be submitted in a timely manner in order to expedite consideration of the protest.  Failure of the protesting party to comply with a deadline for a request for information by the CPO may result in resolution of the protest without consideration of that information.

 

d)         When a protest has been timely filed and before an award has been made, the CPO shall make no award of the contract until the protest has been resolved.  If timely received but after award, the award shall be revoked without penalty and no award made until the protest has been resolved.  In either case, the CPO may make the award or reinstate the award upon a determination that the needs of SBEL require an immediate award and performance under the contract.

 

e)         A decision on a protest shall be made by the CPO as expeditiously as possible after receiving all relevant requested information.  If a protest is sustained, the available remedies include, but are not limited to, reversal of award and cancellation or revision of the solicitation.

 

f)         If an action concerning the protest has commenced in court, the CPO shall not act on the protest, but shall refer the protest to the Attorney General, unless otherwise directed by the Attorney General.