Section R2-7-A902. Stay of Procurements During the Protest

A.      If a protest is filed before the solicitation due date, before the award of a contract, or before performance of a contract has begun, the agency chief procurement officer shall make a writ- ten determination to either:

1.        Proceed with the award or contract performance, or

2.        Stay all or part of the procurement if there is a reasonable probability the protest will be upheld or that a stay is in the best interest of the state.

B.       The agency chief procurement officer shall provide the inter- ested party, state procurement administrator, and other inter- ested parties with a copy of the written determination.

C.      The agency chief procurement officer may stay all or part of the procurement if it is determined that there is a reasonable probability the protest will be upheld or that a stay is in the best interest of the state. Determination of the stay decision

shall be issued no later than the time of issuance of a procure- ment officer’s decision in accordance with R2-7-A903.

D.      Should the stay request be denied by the agency chief procure- ment officer the protestant may request a procurement stay from the state procurement administrator. Such requests for a procurement stay shall be submitted within 10 days of notifi- cation of the stay denial by the agency chief procurement offi- cer.

Historical Note

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

rulemaking at 18 A.A.R. 3118, effective January 7, 2013

(Supp. 12-4).