Current through September 18, 2024
A. "Bid protest"
means a protest, complaint or challenge by an aggrieved actual or prospective
bidder or offeror (hereinafter "protestor") in connection with the solicitation
or selection for award of a contract for the purchase of goods, services, and
or public works projects by a state agency and or the division of purchases.
For the purpose of these regulations the term "aggrieved" shall mean that the
protestor has an economic interest which will be adversely impacted by the
solicitation or award of a contract.
B. For the purpose of these regulations
notice of a bid protest pursuant to R.I. Gen. Laws §
37-2-52 must be filed with the chief purchasing officer by the protestor, addressed as
follows:
Chief Purchasing Officer (BID PROTEST)
c/o Office of the Director
Department of Administration One Capitol Hill
Providence, RI 02908
1. In addition, a true and accurate copy
thereof must be filed with:
Division of Legal Services (BID PROTEST)
Department of Administration
One Capitol Hill Providence, RI 02908.
2. A bid protest may be filed by U.S. Mail,
hand-delivery, courier service or facsimile, but may not be filed by electronic
mail ("e-mail"). For the purposes of these regulations the date of "filing"
shall be the date that a protest is actually received by the chief purchasing
officer.
C. The
protester's notice to the chief purchasing officer shall clearly state that it
is a bid protest, and at a minimum shall include the following information:
1. the name, street address, e-mail address,
telephone and facsimile numbers of the protester (or its representative, if
any);
2. original signature of the
protestor or its representative;
3.
identity of the contract, solicitation or award at issue;
4. a detailed statement of facts and
circumstances that gave rise to the protest, together with copies of any
available relevant documents;
5.
all information establishing that the protestor is an aggrieved party for the
purpose of filing a protest;
6.
citations to any relevant statutes or regulations; and,
7. a brief statement as to the form of relief
requested; and,
8. a statement of
whether the protestor has submitted a request for the disclosure of public
records that are pertinent to the bid protest, and if such a request has been
submitted, a copy thereof. A protest that fails to contain the required
information may be denied.
D. Timeliness of Bid Protest.
1. A bid protest must be filed in accordance
with § 1.6.2 of this Part and within the following time limits:
a. Bid protests regarding the form or content
of solicitation documents must be received by the chief purchasing officer not
later than fourteen (14) calendar days before the date set in the solicitation
for receipt of bids. If grounds for a bid protest did not exist at the initial
solicitation, but arose as the result of an amendment to the solicitation, then
the bid protest must be received by the chief purchasing officer no later than
fourteen (14) calendar days before the next closing time established for
receipt of bids. If the date set in the solicitation for receipt of bids is
less than fourteen (14) calendar days from issuance, a bid protest concerning
the form or content of the solicitation documents must be received by the chief
purchasing officer not less than forty-eight (48) hours before the date set for
receipt of bids.
b. In all other
cases, protests must be received by the chief purchasing officer not later than
fourteen (14) calendar days after the protester knew or should have known,
whichever is earlier, the facts giving rise to a protest.
c. For bid protests regarding the form or
content of the solicitation documents, the facts giving rise to the protest
shall be presumed to be known to the protester on the date the solicitation, or
an amendment thereto, was posted to the division of purchases' procurement web
site. For bid protests arising from bid opening procedures and or award of the
contract, the facts giving rise to the protest shall be presumed to be known to
the protester on either the date of bid opening or the date the contract award
was posted to the division of purchases' procurement web site.
d. New factual allegations made after the
initial protest without a new and separate showing of timeliness shall be
deemed to be untimely.
e. The
fourteen (14) day period in which to file a protest does not include the day on
which the alleged basis for protest arises. If the last calendar day within
which a protest is to be filed falls on a Saturday, Sunday, state holiday or a
day when the state or division of purchases is closed, the period in which to
file a protest is extended to the next day not a Saturday, Sunday, state
holiday or when the state or division of purchases is not closed.
E. Protests of
different contract solicitations or awards must be filed separately.
F. Upon receipt of a bid protest timely filed
neither the contracting agency, nor the division of purchases shall proceed
further with the solicitation or award of a contract, until the chief
purchasing officer issues a written determination that authorizes the
contracting agency or the division of purchases to proceed with the
solicitation or award as being necessary to protect a substantial interest of
the state.
G. The chief purchasing
officer shall issue a written determination in response to a bid protest within
thirty (30) calendar days of the receipt thereof. The chief purchasing officer
reserves the right to waive or extend the time requirements for such written
determination when, in his/her sole judgment, circumstances so
warrant.
H. The chief purchasing
officer's written determination shall state whether the protest is granted or
denied, the reasons therefore and any action(s) to be taken in response
thereto. A copy of the chief purchasing officer's written determination shall
be mailed to the protestor.
I. In
the event that the protestor requests access to documents relating to the
solicitation or award pursuant to the "Access to Public Records Act," R.I. Gen.
Laws §
38-2-1, et seq
. in conjunction with the bid protest, then the chief purchasing officer may
defer issuing his written determination until thirty (30) days after the
response(s) to the APRA request has been issued.
