W. Va. Code R. § 145-17-8 - Protests
8.1. Submission of a Protest.
8.1.1. Protests based on bid specifications
must be submitted no later than five working days prior to bid
opening.
8.1.2. Protest of a
purchase order or contract awards must be submitted no later than five working
days after the award.
8.1.3. The
vendor is responsible for knowing the bid opening and award dates. Protests
received after these dates may be rejected by the Procurement
Officer.
8.1.4. All protests must
be submitted in writing to the Procurement Officer in the Procurement Office
and contain the following information:
8.1.4.a. The name and address of the
protestor;
8.1.4.b. The
requisition, solicitation, purchase order or contract numbers;
8.1.4.c. A statement of the grounds of
protest;
8.1.4.d. Supporting
documentation, if necessary; and
8.1.4.e. The resolution or relief
sought.
8.1.5. Failure
to submit this information shall be grounds for rejection of the protest by the
Procurement Officer.
8.2. Protest Review.
8.2.1. The Procurement Officer, or his or her
designee, shall review the matter of protest and issue a written decision.
8.2.1.a. A hearing may be conducted at the
option of the Procurement Officer or assigned designee.
8.2.1.b. Continuation or delay of a purchase
order or contract award is at the discretion of the Procurement
Officer.
8.2.2. The
Procurement Office may refuse to review any protests when the matter involved
is the subject of litigation before a court of competent jurisdiction; if the
merits have previously been decided by a court of competent jurisdiction; or if
it has been decided in a previous protest by the Procurement Office.
Notes
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