Section R2-7-A903. Resolution of Solicitation and Contract Award Protests

A.      The agency chief procurement officer has the authority to resolve a protest.

B.       The agency chief procurement officer shall issue a written decision within 14 days after a protest has been filed under R2- 7-A901. The decision of the agency chief procurement officer shall contain the basis for the decision and a statement that the decision may be appealed to the Director within 30 days from receipt of the decision.

C.      The agency chief procurement officer shall furnish the deci- sion to the interested party, by certified mail, return receipt requested, or by any other method that provides evidence of receipt, with a copy to the state procurement administrator and the director.

D.      The agency chief procurement officer may submit a written request to the director for an extension of the time limit for decisions under subsection (B). The director shall approve or deny the request in writing, state the reasons for the determina- tion, and, if an extension is granted, set forth a new date for submission of the decision, not to exceed an additional 30 days. The director shall notify the agency chief procurement officer, the interested party, and the state procurement admin- istrator in writing that the time for the issuance of a decision has been extended and the date by which a decision shall be issued.

E.       If the agency chief procurement officer fails to issue a decision within the time limits set forth in this Article, the interested party may proceed as if the agency chief procurement officer had issued an adverse decision.

Historical Note

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