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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 19. AMUSEMENTS, PARKS, AND RECREATION |
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Chapter 19-28. D.C. SPORTS AND ENTERTAINMENT COMMISSION: PROCUREMENT |
Section 19-2821. PROTESTS
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2821.1The protest procedures shall be strictly adhered to or the protest will be denied.
2821.2Any interested party may file a written protest initially with the CCO.
2821.3The CCO shall consider all protests, whether submitted prior to an award or after an award.
2821.4Each protest filed with the CCO shall include the name and address of the protestor, and identify the contracting activity and the number of the solicitation or contract. The protest shall also contain a concise statement of the grounds of protest and a specific request for a ruling from the CCO.
2821.5The protest shall be fully supported by any facts, documents or other evidence to the extent feasible. The CCO may request the protestor to submit additional information in support of its protest.
2821.6When a protest is filed with the Board, an award shall not be made until the matter is resolved, unless the CCO first determines that:
(a)The supplies or services to be contracted for are urgently required;
(b)Delivery or performance will be unduly delayed by failure to make award promptly; or
(c)A prompt award will otherwise be advantageous to the Board.
2821.7When a protest against the making of an award is received, the award will be withheld pending disposition of the protest, and the contracting officer shall notify the offerors whose offers might become eligible for award, about the protest.
2821.8If appropriate, those offerors shall be requested, before expiration of the time for acceptance of their offer, to extend the time for acceptance to avoid the need for resolicitation.
2821.9In the event of failure to obtain extensions of offers, the CCO shall give consideration and have authority to proceed with the award.
2821.10Protests filed with the Board after the award shall be handled in accordance with Board procedures. The CCO shall not be required to suspend contract performance or terminate the awarded contract unless it appears likely that an award may be invalidated and a delay in receiving the supplies or services is not prejudicial to the Board’s interests. In this event, the CCO shall consider seeking a mutual agreement with the contractor to suspend performance on a no-cost basis.
2821.11Each protest shall be filed in writing with the CCO in duplicate within seven (7) business days after the protestor knew or should have known of the facts and circumstances upon which the protest is based.
2821.12The contracting officer shall provide the CCO with the documents relevant to the protest within five (5) business days of receipt of the protest. The CCO shall issue a decision within ten (10) business days of receipt of the protest.
2821.13Each protestor may request a reconsideration of the CCO’s decision from the General Manager. The request for reconsideration shall be filed by the protestor within five (5) business days of receipt of the CCO’s decision.
2821.14The contracting officer shall prepare a report for the General Manager that includes all relevant documents of the protest. The decision of the General Manager shall be issued twenty (20) calendar days after receipt of the request for reconsideration.
2821.15The protestor may appeal the General Manager’s decision only to the District of Columbia Contract Appeals Board (the “CAB”) within ten (10) working days after the protestor receives the determination from the General Manager.
2821.16The proceeding before the CAB shall be final, subject to judicial review in accordance with D.C. Code §§ 1-1189.5 and 1-1510. Any prior determinations by the Board (the CCO or the General Manager) shall not be final or conclusive or subject to judicial review.