1. STAY: The
Director of the Bureau of General Services must insure that aggrieved persons
have an opportunity to appeal a contract award decision. An aggrieved person
may request a stay of contract award within ten (10) calendar days of
notification of contract award by the contracting agency.
A. Requests for stay of contract award must
be written and addressed to the Director of the Bureau of General Services and
must state clearly the specific nature of the grievance, demonstrate
irreparable injury to the petitioner, a reasonable likelihood of success on the
merits of the appeal, and no substantial harm to adverse parties or to the
general public.
B. The Director of
the Bureau of General Services shall notify the petitioner in writing of the
decision regarding the issuance of a stay within seven (7) days of receipt of
request.
C. Failure of the
petitioner, to obtain a stay does not affect the petitioner's right to a
hearing of appeal as provided by statute and within these rules.
2. APPEAL: An aggrieved person may
request a hearing of award decision from the Director of the Bureau of General
Services in writing within fifteen (15) days of notification of contract award.
A written request for appeal hearing must contain at a minimum the specific
nature of the grievance, including the Appeal Criteria as defined in Section 3
P aragraph B of this rule and must demonstrate the conditions that make the
petitioner an aggrieved person. The Director of the Bureau of General Services
shall grant an appeal hearing unless it is determined that:
A. The petitioner is not an aggrieved
person
B. A prior request by the
same petitioner relating to the same contract award has been granted
C. The request was made more than fifteen
(15) days after notification of award; or
D. The request is capricious, frivolous or
without merit
A hearing will not be granted if the contract award is not
approved by the State Purchases Review Committee.
(1) NOTIFICATION: The Director of the Bureau
of General Services shall notify the petitioner in writing of the decision
regarding a request for a hearing of appeal within fifteen (15) calendar days
of receipt of the request. If a request for a hearing is granted, notification
must be made at least ten (10) calendar days before the hearing date. The
notification must include the date and location of the hearing and the names of
the Appeal Committee members.
(2)
In the event the request for hearing is denied, the notification shall
constitute final agency action. The notification shall include an explanation
of the petitioners right to judicial review of final agency action under 5
M.R.S.A.11001 et. seq.
