Current through September 24, 2024
(1)
Application: This section applies to:
a. A protest of a solicitation or award of a
Lease Contract addressed to the Public Procurement Review Board by an aggrieved
actual or prospective offeror;
b.
An appeal addressed to the Board of a decision under Section
600.2Protests; and,
c. An appeal addressed to the Board of a
decision under Section 600.4Authority to Suspend or Debar.
(2)
Time
Limitations: The following time limitations apply to the filing of a
protest or an appeal to PPRB:
a. For protests
addressed to PPRB, the aggrieved person shall file a protest with the Board
within seven (7) days after the aggrieved person knew or should have known the
facts and circumstances upon which the protest is based.
b. For appeals addressed to PPRB of a
decision under Section 600.2Protests, the aggrieved person
shall file an appeal within seven (7) days of receipt of such decision.
c. For appeals addressed to PPRB
of a decision under Section 600.4Authority to Suspend or
Debar, the aggrieved person shall file an appeal within seven (7) days
of receipt of such decision.
(3)
Decision: The following
shall apply to decisions made by PPRB:
a. For
protests and appeals concerning the solicitation or award of Lease Contracts,
the Board shall promptly decide whether the solicitation or award was in
accordance with the Constitution, statutes, regulations, and the terms and
conditions of the solicitation. The proceeding shall be de
novo. Any prior determinations by administrative officials shall not
be final or conclusive.
b. For
appeals concerning suspension or debarment, the Board shall promptly decide
whether, or the extent to which, the suspension or debarment was in accordance
with the Constitution, statutes, regulations and the best interests of the
State, and was fair. The proceeding shall be de novo. Any
prior determinations by administrative officials shall not be final or
conclusive.
(4)
Standard of Review for Factual Issues: A determination of fact by
the Board shall be final and conclusive unless arbitrary, capricious,
fraudulent, or clearly erroneous.
(5)
Appeal of PPRB Decision: Any
person receiving an adverse decision concerning the solicitation or award of a
Lease Contract or a suspension or debarment action, the State, or both may
appeal from a decision by the Public Procurement Review Board to the designated
court or courts of the State. No such appeal shall be made by the State unless
recommended by the RPM Division Director or the head of the purchasing agency
involved and approved by the Attorney General.
