New York Codes, Rules and Regulations
Title 2 - DEPARTMENT OF AUDIT AND CONTROL
Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control
Part 24 - Contract Award Protest Procedure for Contract Awards Subject to the Comptroller's Approval
Section 24.3 - Proper Filing of Initial Protests

Universal Citation: 2 NY Comp Codes Rules and Regs § 24.3

Current through Register Vol. 45, No. 52, December 27, 2023

(a) Proper filing of an initial protest depends on whether the public contracting entity has its own bid protest procedure and has provided bidders with proper notice of such. Where the public contracting entity has a written protest procedure and has provided notice of such procedure in the solicitation, a protest shall be filed initially with the public contracting entity. However, an interested party may file an initial protest with the Bureau of Contracts in accordance with section 24.4 of this Part, after the public contracting entity has made a contract award, if:

1. the public contracting entity has not provided notice of its protest procedure in the solicitation; or

2. the facts that would give rise to a protest are not known to, and could not reasonably have been known to, an interested party prior to the date by which a protest was required to be filed with the public contracting entity.

Adopted New York State Register January 25, 2017/Volume XXXIX, Issue 04, eff. 1/25/2017

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