Section 5-D131. PROTESTS  


Latest version.
  • 131.1All protests to the award of a contract by the Office shall be resolved in accordance with this section. 

    131.2A protest shall be submitted to the Contracting Officer in writing. 

    131.3A protest shall include: 

    (a)The name of the protestor;

    (b)The name of the protestor’s counsel or other representative;

    (c)A detailed description of the basis for the protest; and

    (d)A description of the relief requested.

    131.4The Contracting Officer shall promptly issue a decision with regard to a protest.

    131.5 If the Contracting Officer is someone other than the Director, the protestor may appeal the Contracting Officer’s decision to the Director.

    131.6An appeal of the Contracting Officer’s decision shall be submitted to the Director within three (3) business day after the protestor receives the Contracting Officer’s decision.

    131.7The decision of the Director shall be the Office’s final decision with regard to the protest.

    131.8(a) A protests must be filed within the timeframes established in this subsection to be considered by the Office. 

    (b) A protest that is not filed within these timelines will not be considered by the Office, and the protestor shall be deemed to have waived the right to protest.

    (c) A protest that is based on the language or requirements of a solicitation or is otherwise based on facts which are apparent on the face of the solicitation shall be filed at least five (5) business days before the date proposals are due.

    (d) A protest that is not based on the language or requirements of a solicitation or otherwise based on facts which are apparent on the face of a solicitation must be submitted within five (5) business days after the protestor knows or should have known of the facts that serve as the basis for the protest.

authority

The Director of the Office of Public Education Facilities Modernization, pursuant to section 702(b) of the District of Columbia Public Education Reform Amendment Act of 2007 (Act), effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-451(b)) (2007 Supp.).

source

Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11215 (November 26, 2010).