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502 Protest Procedures

Policy

It shall be the policy of the University that all actual or prospective bidders, respondents, offerors, or contractors that believe they are aggrieved by the solicitation or award of a contract be offered administrative adjudication.

Complaint to Author of Bid (person responsible for bid documentation)

Any party that believes it is aggrieved should seek resolution of their complaints initially with the author of the bid. Such complaints must be made in writing.

Filing of protest PROCESS

Formal protests regarding the bidding PROCESS shall be made in writing to the author and shall be filed as soon as bidder becomes aware of the issue and must be made prior to bid award. Protests regarding the bidding PROCESS filed after bid award will not be considered. When a protest has been filed before an award has been made, the author shall make no award of the contract until the protest has been settled unless, after consultation with the using department, the author determines that the award of the contract without delay is necessary to protect substantial interests of the University.

Filing of protest AWARD

Formal protests regarding the bid AWARD shall be made in writing to the author and shall be filed within ten (10) calendar days after formal announcement of the award of the contract. Protests filed regarding the bid AWARD after the ten (10) calendar days will not be considered.

Inclusions for ALL protests
The written protest shall include, at a minimum, the following information:

  • Clear indication that the communication is a formal, written protest
  • Name and address of the protestor
  • Appropriate identification of the solicitation such as the bid or proposal number
  • Statement of reasons for the protest
  • Supporting exhibits, evidence or documents to substantiate any claims

The author may request additional information from the protestor who shall submit the information within the time periods established by the author.

Decision by the Author

A decision on protest shall be made in writing by the author within ten (10) calendar days after receiving all relevant, requested information. If a protest is sustained, the author’s decision shall include the available remedy or remedies.

Appeal

An appeal of a decision of the author may be made by the protestor to the Director of Procurement Services. The written appeal shall contain a detailed statement of the factual and legal grounds upon which reversal or modification is deemed warranted, specifying any errors or information not previously considered. Appeals of a decision to the Director of Procurement Services shall be filed not later than ten (10) calendar days after the receipt of such decision. A decision on the appeal will be made as expeditiously as possible. The decision of the Director of Procurement Services shall be final.