Section 1120.5550  Protests

a)         Protest Resolution by the SPO.

An actual or prospective bidder, offeror, or contractor that may be aggrieved in connection with a procurement may file a protest on any phase of solicitation or award, including but not limited to specifications preparation, bid solicitation, or award.

b)         Complaint.

Complainants should seek resolution of their complaints initially with the IOC.  Such complaints may be made verbally or in writing.

c)         Filing of Protest.

1)         Protests shall be made in writing to the SPO and shall be filed within 7 calendar days after the protester knows or should have known of the facts giving rise to the protest.  A protest is considered filed when physically received by the SPO.  Protests filed after the 7 calendar day period shall not be considered. With respect to a protest regarding specifications, the protest must be received within 7 calendar days after the date the solicitation was issued, and in any event must be received by the IOC at the designated address before the date for opening of bids or proposals.

2)         To expedite handling of protests, the envelope should be labeled "Protest".  The written protest shall include as a minimum the following:

A)        the name and address of the protester;

B)        appropriate identification of the procurement, and, if a contract has been awarded, its number;

C)        a statement of reasons for the protest; and

D)        supporting exhibits, evidence, or documents to substantiate any claims unless not available within the filing time, in which case the expected availability date shall be indicated.

d)         Requested Information; Time for Filing.

Any additional information requested by the IOC shall be submitted within the time periods established by the requesting source in order to expedite consideration of the protest.  Failure of the protesting party to comply expeditiously with a request for information by the SPO may result in resolution of the protest without consideration of that  information.

e)         Stay of Procurements During Protest.

When a protest has been timely filed and before an award has been made, the SPO shall make no award of the contract and any award made shall be stayed until the protest has been resolved.  The CPO may authorize award or reinstate the contract if necessary to protect the interests of the State.

f)          Decision by the CPO or SPO.

Time for Decisions.  A decision on a protest shall be made by the SPO as expeditiously as possible after receiving all relevant requested information. If a protest is sustained, the available remedies include, but are not limited to, reversal of award and cancellation or revision of the solicitation.

g)         Effect of Judicial or Administrative Proceedings.

If an action concerning the protest has commenced in court, the CPO or SPO shall not act on the protest but shall refer the protest to the IOC's Chief Legal Counsel.