§103F-501 - Protested awards.
PART V. PROTESTS
[§103F-501] Protested awards. (a) A person who is aggrieved by an award of a contract may protest a purchasing agency's failure to follow procedures established by this chapter, rules adopted by the policy board, or a request for proposals in selecting a provider and awarding a purchase of health and human services contract, provided the contract was awarded under section 103F-402 or 103F-403. Amounts payable under a contract awarded under section 103F-402 or 103F-403, and all other awards of health and human services contracts may not be protested and shall be final and conclusive when made.
(b) The protest shall be submitted to the head of the purchasing agency, in writing, within five working days after the postmark date on the notice of award.
(c) The head of the purchasing agency, or a designee, may settle and resolve a protest by one or more of the following means:
(1) Amending or canceling a request for proposal;
(2) Terminating the contract which was awarded;
(3) Initiating a new process to award a contract;
(4) Declaring the contract null and void from the time of its award; or
(5) Affirming the purchasing agency's contract award decision.
This authority shall be exercised in accordance with rules adopted by the policy board.
(d) If the protest is not resolved by mutual agreement, the head of the purchasing agency, or a designee, shall promptly issue a decision in writing. The decision shall:
(1) State the reasons for the action taken; and
(2) Inform the protesting person of the protester's right to reconsideration as provided in this part.
A copy of the written decision shall be mailed or otherwise furnished to the person who initiated the protest.
(e) A decision under subsection (d) shall be final and conclusive unless a request for reconsideration is submitted to the chief procurement officer under section 103F-502. [L 1997, c 190, pt of §2]