Section R7-2-1143. Time for Filing Protests

A.      Protests based upon alleged improprieties in a solicitation that are apparent before the due date and time for responses to the solicitation, shall be filed before the due date and time for responses to the solicitation.

B.       In cases other than those covered in subsection (A), the inter- ested party shall file the protest within 10 days after the school district makes the procurement file available for public inspec- tion.

C.      The interested party may file a written request with the district representative for an extension of the time limit for protest fil- ing set forth in subsection (B). The written request shall be filed before the expiration of the time limit set forth in subsec- tion (B) and shall set forth good cause as to the specific action or inaction of the school district that resulted in the interested party being unable to file the protest within the 10 days. The district representative shall approve or deny the request in writing, state the reasons for the determination, and, if an extension is granted, set forth a new date for submission of the filing.

D.      If the interested party shows good cause and it is advantageous to the school district, the district representative may consider any protest that is not filed timely.

E.       The district representative shall immediately give notice of the protest to the successful contractor if award has been made or, if no award has been made, to all interested parties.

F.       At any time the district representative or hearing officer may refer the protest to the governing board for resolution in accor- dance with R7-2-1152.

Historical Note

Adopted effective December 17, 1987 (Supp. 87-4). Sec- tion amended by final exempt rulemaking at 21 A.A.R.

1525, effective July 1, 2015 (Supp. 15-3).