Section 8-A2538. PROTESTS OF SOLICITATIONS AND AWARDS

 

2538.1The provisions of §3800 of the D.C. Procurement Regulations shall not apply to procurement by the School of Law.

 

2538.2Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may file a protest with the Dean of the School of Law within ten (10) working days after the aggrieved person knew or should have known of the facts and circumstances upon which the protest is based.

 

2538.3On any protest pursuant §2538.2, the Dean shall promptly decide whether the solicitation or award was in accordance with applicable law, regulations, and the terms and conditions of the solicitation.

 

2538.4A determination of an issue of fact by the Dean under §2538.3 of this section shall be final and conclusive unless arbitrary, capricious, fraudulent, or clearly erroneous.

 

2538.5In addition to other relief, except enjoining a contract award, the Dean may order, when a protest is sustained, that the contract awarded under the soliciation be terminated for the convenience of the School of Law. A determination in this regard shall be based on considerations such as the following:

 

(a)The best interests of the School of Law;

 

(b)Seriousness of the procurement deficiency;

 

(c)Existence of prejudice to other bidders or offerors;

 

(d)Maintaining the integrity of the procurement system;

 

(e)Good faith of School of Law officials and other parties;

 

(f)Extent of contract performance; or

 

(g)Impact of termination on the activities and mission of the School of Law.

 

2538.6The Dean may, when requested, award reasonable bid or proposal preparation costs, not including legal fees, if he or she finds that the actions of the School of Law toward the protester or claimant were arbitrary and capricious.

 

2538.7The Dean shall adopt uniform procedures for exercising the authority under this section.

 

source

Final Rulemaking published at 35 DCR 5822 (July 29, 1988).