18-554 C.M.R. ch. 120, § 4 - APPEAL DECISIONS AND ACTIONS

1. APPEAL COMMITTEE DECISION: The Appeal Committee shall consider all evidence entered into the record and shall look for clear and convincing evidence that one or more of the standards set forth in Section 3, Subsection B, of these rules has been proven by the petitioner. The actions of the Committee are limited to one of the following:

A. Validate the contract award decision under appeal

B. Invalidate the contract award decision under appeal.

A written decision and the reasons that support the decision must be submitted to the Director of the Bureau -of General Services within fifteen (15) calendar days following the final day of the hearing of appeal.

2. NOTIFICATION OF FINAL AGENCY ACTION: The Director of the Bureau of General Services shall notify the petitioner, the contracting State agency, and all intervenors of this decision within ten (10) calendar days of receipt from the Appeal Committee. Such notification shall include the decision, an explanation of the reasons for the decision and an explanation of the petitioners right to judicial review of final agency action.

A. This notification is considered final agency action.

B In the event the decision of the Appeal Committee is to invalidate the contract under these rules, the contract immediately becomes void and of no legal effect.

Notes

18-554 C.M.R. ch. 120, § 4