Protest Procedures

1. Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract may formally protest to the appropriate director (Director of Contracting or Director of Purchasing) in whose department the action is (was) being processed. Such protests must be in writing and received in the appropriate director's office within 10 working days after such aggrieved person knows, or should have known, of the occurrence of the action, which is protested. Formal protests must conform to the requirements of this subsection and subsection (c) of this section, and shall be resolved in accordance with the procedure set forth in subsections (d) and (e) of this section. Copies of the protest must be mailed or delivered by the protesting party to the university and other interested parties. For the purposes of this section, "interested parties" means all vendors who have submitted bids or proposals for the contract involved.
   
   
2. In the event of a timely protest or appeal under this section, the university shall not proceed further with the solicitation or with the award of the contract unless the Chief Financial Officer or Deputy Chancellor (as applicable) after consultation with the requisitioning department and the appropriate director, makes a written determination that the award of contract without delay is necessary to protect substantial interests of the university.
   
   
3. A formal protest must be sworn and contain:
   
   
   1. a specific identification of the statutory or regulatory provision(s) that the action complained of is alleged to have violated;
   2. a specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (1) of this subsection;
   3. a precise statement of the relevant facts;
   4. an identification of the issue or issues to be resolved;
   5. argument and authorities in support of the protest; and
   6. a statement that copies of the protest have been mailed or delivered to the university and other identifiable interested parties.
   
   
   
4. The appropriate director shall have the authority, prior to appeal to the Chief Financial Officer or to the Deputy Chancellor (as applicable), to settle and resolve the dispute concerning the solicitation or award of a contract. The appropriate director may solicit written responses to the protest from other interested parties.
   
   
5. If the protest is not resolved by mutual agreement, the appropriate director will issue a written determination on the protest.
   
   
   1. If the appropriate director determines that no violation of rules or statutes has occurred, he shall so inform the protesting party, the requisitioning department, and other interested parties by letter, which sets forth the reasons for the determination.
   2. If the appropriate director determines that a violation of the rules or statutes has occurred in a case where a contract has not been awarded, he shall so inform the protesting party, the requisitioning department, and other interested parties by letter which sets forth the reasons for the determination and the appropriate remedial action.
   3. If the appropriate director determines that a violation of the rules or statutes has occurred in a case where a contract has been awarded, he shall so inform the protesting party, the requisitioning department, and other interested parties by letter which sets forth the reasons for the determination, which may include ordering the contract void.
   
   
   
6. The appropriate director's determination on a protest may be appealed by an interested party to the Chief Financial Officer, unless it is a construction contract which exceeds $100,000. Construction contracts, which exceed $100,000 will be appealed directly from the Director level to the Deputy Chancellor. An appeal of the director's determination must be in writing and must be received in the Chief Financial Officer or Deputy Chancellor, as applicable, no later than 10 working days after the date of the director's determination. If an oral presentation is requested it shall be done at this time and in conjunction with the appeal. The appeal shall be limited to review of the appropriate director's determination. Copies of the appeal must be mailed or delivered by the appealing party, to the university and other interested parties and must contain an affidavit that such copies have been provided.
   
   
7. The Office of the General Counsel shall review the protest, appropriate director's determination, and the appeal, and advise the Chief Financial Officer or Deputy Chancellor, as applicable, if the procedural requirements for vendor protests have been met. Then, the Chief Financial Officer may, in his discretion, refer the matter to the President or Chancellor for his consideration or the Deputy Chancellor may, in his discretion, refer the matter to the Chancellor for his consideration.
   
   
8. When a protest has been appealed to the Chief Financial Officer or Deputy Chancellor, as applicable, under subsection (f) of this section and has been referred to the President or to the Chancellor under subsection (g) of this section, the following requirements shall apply.
   
   
   1. Copies of the appeal, responses of interested parties, if any, shall be sent to the President or Chancellor, as applicable.
   2. The President or Chancellor, as applicable, may consider oral presentations and written documents presented by staff and interested parties. The Chief Financial Officer or Deputy Chancellor, as applicable, shall set the order and amount of time allowed for presentations.
   3. The President's or Chancellor's determination of the appeal shall be final.
   
   
   
9. Unless good cause for delay is shown or the President or Chancellor, if applicable, determines that a protest or appeal raises issues significant to purchasing and contracting practices or procedures, a protest or appeal that is not filed timely will not be considered.
   
   
10. A decision issued either by the President or Chancellor, or by the Chief Financial Officer or by the Deputy Chancellor, shall be the final administrative action of the university