Vendor Protest Procedures

 

PROTEST PROCEDURES FOR AWARD OF CONTRACTS

The purchasing agency, CPCC, shall establish procedures to address protests by offerors where the award value is less than twenty-five thousand dollars ($25,000).

(a)  When an offeror protests a contract awarded by CPCC of twenty-five thousand dollars ($25,000) or less in value, CPCC and the offeror shall comply with the following:

(1)  The offeror shall deliver a written protest request to the agency head, Director of Procurement, within 15 calendar days from the date of contract award. The agency head or his designee shall furnish a copy of the written request to the CPCC Controller within 10 calendar days of receipt. The offeror's request shall contain specific reasons and any supporting documentation regarding why there is a concern with the award.  If the request does not contain this information, then the agency head, within 10 calendar days from the date of receipt, may respond in writing to the offeror and refuse the protest request.  A copy of the agency head's letter shall be forwarded to the CPCC Controller.

(2)  If the protest is granted, the agency head or his designee shall give written notice of the pending protest to the CPCC Controller and any awarded vendor.  CPCC shall give notice to the awarded vendor and the CPCC Controller stating whether any purchase order or performance has been suspended or terminated.  Within 30 calendar days from the date the protest request was received, the agency head shall respond to the offeror in writing with an agency decision. A copy of the agency head's letter shall be forwarded to the CPCC Controller.

(3)  If a protest is determined to be valid by the agency head then the following outcomes may occur.

(A) The award and issued purchase order shall be canceled and the solicitation for offers to contract is not re-bid;

(B) The award and issued purchase order shall be canceled and the solicitation for offers to contract is re-bid;

(C) The award and issued purchase order shall be canceled and the contract shall be awarded to the next lowest priced, technically competent, qualified offeror, if that offeror agrees to still honor its submitted bid.

 

(b)  If a party desires further administrative review after receiving a decision under Paragraph (a) of this Rule, the protesting party may, within 60 days from the date such decision is received, request a final decision by the CPCC Controller in accordance with these Rules. If a protest is determined to be valid by the CPCC Controller then the following outcomes may occur:

(A) The award and issued purchase order shall be canceled and the solicitation for offers to contract is not re-bid;

(B) The award and issued purchase order shall be canceled and the solicitation for offers to contract is re-bid;

(C) The award and issued purchase order shall be canceled and the contract shall be awarded to the next lowest priced, technically competent, qualified offeror, if that offeror agrees to still honor its submitted bid.