PART V. PROTESTS

 

[§103F-501]  Protested awards.  (a)  Aperson who is aggrieved by an award of a contract may protest a purchasingagency's failure to follow procedures established by this chapter, rulesadopted by the policy board, or a request for proposals in selecting a providerand awarding a purchase of health and human services contract, provided thecontract was awarded under section 103F-402 or 103F-403.  Amounts payable undera contract awarded under section 103F-402 or 103F-403, and all other awards ofhealth and human services contracts may not be protested and shall be final andconclusive when made.

(b)  The protest shall be submitted to the headof the purchasing agency, in writing, within five working days after thepostmark date on the notice of award.

(c)  The head of the purchasing agency, or adesignee, may settle and resolve a protest by one or more of the followingmeans:

(1)  Amending or canceling a request for proposal;

(2)  Terminating the contract which was awarded;

(3)  Initiating a new process to award a contract;

(4)  Declaring the contract null and void from thetime of its award; or

(5)  Affirming the purchasing agency's contract awarddecision.

This authority shall be exercised in accordance withrules adopted by the policy board.

(d)  If the protest is not resolved by mutualagreement, the head of the purchasing agency, or a designee, shall promptlyissue a decision in writing.  The decision shall:

(1)  State the reasons for the action taken; and

(2)  Inform the protesting person of the protester'sright to reconsideration as provided in this part.

A copy of the written decision shall be mailed orotherwise furnished to the person who initiated the protest.

(e)  A decision under subsection (d) shall befinal and conclusive unless a request for reconsideration is submitted to thechief procurement officer under section 103F-502. [L 1997, c 190, pt of §2]