Current through Register Vol. 46, No. 12, March 20, 2024
(a) Time to file an appeal.
1. An interested party may file an appeal of
a public contracting entity's protest determination with the Bureau of
Contracts within ten business days of receiving the public contracting entity's
protest determination.
2. In its
appeal, the interested party shall set forth the basis on which it challenges
the public contracting entity's protest determination. The interested party
shall also include, as an exhibit to its appeal, a copy of the initial bid
protest submitted to the public contracting entity and the determination of
such bid protest issued by the public contracting entity.
(b) Service and delivery.
1. The protesting party must simultaneously
deliver a copy of the appeal to the public contracting entity and the
successful bidder, and shall provide evidence of such delivery, either by
showing that an electronic copy has been provided, or by attaching to the
appeal an affirmation in writing as to such delivery.
2. Where the public contracting entity
upholds the protest and the initial successful bidder files the appeal, a copy
of the appeal shall be served on the original protesting party.
3. In the case of an appeal related to a
procurement that resulted in contract awards to multiple successful bidders,
the Bureau of Contracts shall determine, in its sole discretion, whether any or
all of the successful bidders should be provided with a copy of the appeal and
an opportunity to respond.
(c) Answers to the appeal.
1. The public contracting entity may file an
answer to the appeal with the Bureau of Contracts simultaneously with the
delivery of the contract to the Bureau of Contracts for its review, or within
seven business days of the filing of the appeal, whichever is later. A copy of
the public contracting entity's answer shall be simultaneously delivered to the
protesting party and the successful bidder, and the public contracting entity
must provide evidence of such delivery, either by showing that an electronic
copy has been provided, or by attaching to the answer an affirmation in writing
as to such delivery.
2. If there
are multiple successful bidders, the public contracting entity shall deliver a
copy of its answer to the successful bidders at the direction of the Bureau of
Contracts.
3. The successful bidder
(or, where the public contracting entity upholds the agency level protest, the
original protesting party) may file an answer to the appeal with the Bureau of
Contracts no later than the date that the public contracting entity is required
to file its answer. If the successful bidder chooses to file an answer, it must
simultaneously deliver a copy of such answer to the public contracting entity
and the protesting party, and it must provide evidence of such delivery, either
by showing that an electronic copy has been provided, or by attaching to the
answer an affirmation in writing as to such delivery.
(d) The answers to the appeal, if submitted,
shall constitute the final submission permitted as of right under this section.
The Bureau of Contracts is not required to consider any additional filings or
any materials submitted beyond those filings specifically set forth in this
section in rendering its determination of the appeal.
(e) The Bureau of Contracts may, in its sole
discretion and for good cause shown, waive any deadline set forth in this
section.
(f) Where appropriate, the
Bureau of Contracts may require the public contracting entity, the protesting
party, the successful bidder, or any other interested party, to address
additional issues identified by the Bureau of Contracts and submit further
information regarding the procurement.
(g) Nothing herein shall preclude the Bureau
of Contracts from obtaining information relevant to the procurement from any
outside source, as it deems appropriate. Reliance on outside source
information, if any, will be identified by Bureau of Contracts in its written
determination.
(h) The Bureau of
Contracts shall issue a written determination, contemporaneously with its final
action on the contract, addressing the issues raised by the appeal. The Bureau
of Contracts shall provide a copy of the determination to all interested
parties. The determination shall be made part of the procurement
record.
