Section 22-B9816. PROTESTS

 

9816.1Any aggrieved person or person thought to be aggrieved may protest a solicitation, award or proposed award. The protest shall be filed in writing within ten (10) days after the basis of the protest is known (or should have been known) with the contracting officer.

 

9816.2When a protest against the making of an award is received and award will be withheld pending disposition of the protest, the CO shall notify bidders/offerors whose bids/offers might become eligible for award after the protest.

 

9816.3If 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.

 

9816.4In the event of failure to obtain extensions of offers, the CO shall give consideration and have authority to proceed with the award.

 

9816.5The protestor may appeal the CO’s decision only to the District of Columbia Contract Appeals Board (CAB) within ten (10) calendar days after the protestor receives a determination from the CO.

 

9816.6The CAB shall have exclusive jurisdiction to hear and decide appeals from final decisions of the CO; provided, however, that no appeal may be taken to the CAB unless and until all administrative review procedures have first been fully and properly complied with and exhausted.

 

9816.7The CAB shall hear and decide appeals from final decisions of the CO and grant relief in accordance with D.C. Code, 2001 Ed. §2-309.08(c)-(e) and regulations promulgated thereunder and such other statutory provisions, regulations and independent agreements as are applicable to the Hospital.

 

9816.8The proceeding before the CAB shall be final, subject to judicial review in accordance with D.C. Code, 2001 Ed. §2-309.05.

 

source

Final Rulemaking published at 41 DCR 4508, 4569 (July 8, 1994).