Section R2-7-A901. Protest of Solicitations and Contract Awards

A.      Any interested party may protest a solicitation, a determina- tion 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 pro- curement administrator, and shall include the following infor- mation:

1.        The name, address and telephone number of the inter- ested party;

2.        The signature of the interested party or the interested party’s representative;

3.        Identification of the purchasing agency and the solicita- tion 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 solicita- tion 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 inter- ested party shall file the protest within 10 days after the agency chief procurement officer makes the procurement file avail- able 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 offi- cer shall approve or deny the request in writing, state the rea- sons 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 pro- curement 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.

Historical Note

New Section made by final rulemaking at 12 A.A.R. 508, effective April 8, 2006 (Supp. 06-1).