Sec. 14.13.01.16. Bid Protests

A. Time Restrictions.

(1) A protest based upon alleged improprieties in a solicitation that are apparent before bid opening or the closing date for receipt of initial proposals shall be submitted to the Director of Finance and Administration before bid opening or the closing date for receipt of initial proposals.

(2) For procurement by competitive sealed proposals, alleged improprieties that did not exist in the initial solicitation but which are subsequently incorporated in the solicitation shall be submitted to the Director of Finance and Administration not later than the next closing date for receipt of proposals following the incorporation.

(3) In all other cases, protests shall be submitted to the Director of Finance and Administration not later than 7 days after the basis for protest is known, or should have been known, whichever is earlier.

(4) A protest received by the Director of Finance and Administration after the time limits of §A(1)-(3) of this regulation may not be considered and shall be denied as untimely.

B. Form and Content of Bid Proposals.

(1) To expedite the handling of protests, the envelope should be labeled "Protest".

(2) The written proposal shall include as a minimum the following content:

(a) The name and address of the protestor;

(b) Appropriate identification of the procurement and, if a contract has been awarded, its number if known;

(c) A statement of the reasons for the protest;

(d) Supporting exhibits, evidence, or documents to substantiate the reasons for the protest; and

(e) If not available within the time restrictions:

(i) A description of the nature and extent of the evidence and documents; and

(ii) The expected availability date of the evidence and documents.

(3) Any additional information or substantiation requested by the Director of Finance and Administration shall be submitted within 5 days after receipt of request, or other time as the Director of Finance and Administration may specify in order to expedite consideration of the protest. Failure of the protestant to comply with a request for information or substantiation by the Director of Finance and Administration may result in a resolution of the protest without consideration of any response to the request that is not timely filed.

C. Authority Determination and Finding.

(1) After a protest is filed, the Director of Finance and Administration shall consider the protest, all supporting documentation, and any submissions from other bidders or offerors. This consideration is not a contested hearing, subject to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. After consideration, the Director of Finance and Administration shall make a determination and finding regarding the protest.

(2) For contracts valued at less than $10,000, the Director of Finance and Administration may make the determination and finding without consultation with the Executive Director.

(3) For contracts valued at $10,000 or more, the Director of Finance and Administration shall provide a proposed determination and finding to the Executive Director. The Executive Director shall consider the protest and shall issue the determination and finding.

(4) The determination and finding shall be forwarded by certified mail to the protestor.

D. Appeal.

(1) The protestor may appeal the determination and finding to the Board of Directors within 10 days after receipt. The appeal shall be in writing, and include a copy of the protest and the determination and finding. In addition, the appeal shall contain all grounds for disagreement with the determination and finding. Appeals not received within 10 days after receipt by the protestor shall be dismissed as untimely.

(2) If the protestor desires a hearing on its protest, a request for a hearing shall be made, in writing, at the time of the appeal. If a timely request for a hearing is received, the Board of Directors shall conduct a hearing in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. In accordance with State Government Article, §10-205, Annotated Code of Maryland, the Board of Directors may delegate its authority to conduct this hearing to the Office of Administrative Hearings.

(3) The Board of Directors shall issue a final decision on the protest, which is the final Authority decision. This final decision of the Authority is subject to judicial review in accordance with the rules established by State Government Article, §10-222, Annotated Code of Maryland.

E. Contract Awards.

(1) Generally, if a protest has been filed, the Authority may not award the contract until there is a final Authority decision on the protest.

(2) The Authority may award a contract before there is a final Authority decision after making a determination and finding which considers:

(a) The merits of the protestor's complaint;

(b) The need of the Authority for the procurement, which is the subject of the protest;

(c) The fluctuations in the market, which may impact costs;

(d) The unwillingness of the proposed awardee to extend its offer; or

(e) Other factors which impact on the public interest.