Sec. 1 Purpose
The purpose of this Policy is to provide procedures required by State law for vendor protests related to the procurement of goods and services.
Sec. 2 Principles
Any actual or prospective bidder, offeror, or proposer (vendor) who is aggrieved in connection with the solicitation, evaluation, or award of a contract by a U. T. System institution, including System Administration, may file a formal protest with the primary procurement officer of the procuring institution.
Sec. 3 Protest
Vendor protests must be in writing and received in the primary procurement officer's office within 10 working days after such aggrieved person knows, or should have known, of the occurrence of the act or omission being protested.
Sec. 4 Written Determination to Proceed
If a protest meeting the requirements of these procedures is timely received, the institution shall not proceed further with the solicitation or with the award of a contract unless the chief business officer of the institution, after consultation with the using department and the primary procurement officer, makes a written determination that it is necessary to proceed with the solicitation or award a contract without delay to protect the best interests of the institution.
Sec. 5 Formal Protest
A formal protest must contain
a) a specific identification of the statutory or regulatory provision(s) that the act or omission being complained of is alleged to have violated;
b) a specific description of each act or omission alleged to be in violation of the statutory or regulatory provision(s) identified in Section 5a);
c) a statement of the relevant facts;
d) an identification of the issue or issues to be resolved; and
e) argument and authorities in support of the protest.
Sec. 6 Primary Procurement Officer Review
The primary procurement officer shall attempt to settle and resolve the protest concerning the solicitation or award of a contract by mutual agreement, prior to appeal to the institution’s chief business officer. The primary procurement officer may request additional information from the protesting party and the using department to help in the evaluation and resolution of the protest.
Sec. 7 Written Determination
If the protest is not resolved by mutual agreement, the primary procurement officer will issue a written determination on the protest.
7.1 If the primary procurement officer determines that no violation of rules or statutes has occurred, the primary procurement officer shall inform the protesting party and the using department by letter that sets forth the reasons for the determination.
7.2 If the primary procurement officer determines that a violation of the rules or statutes has occurred in a case where a contract has not been awarded, the primary procurement officer shall inform the protesting party and the using department by letter that sets forth the reasons for the determination and the appropriate remedial action.
7.3 If the primary procurement officer determines that a violation of the rules or statutes has occurred in a case where a contract has been awarded, the primary procurement officer shall inform the protesting party and the using department by letter that sets forth the reasons for the determination and the appropriate remedial action, which may include ordering the contract void.
Sec. 8 Appeal
The primary procurement officer's determination regarding a protest may be appealed by the protesting party to the institution’s chief business officer. An appeal of the primary procurement officer's determination must be in writing and must be received in the office of the chief business officer no later than 10 working days after the date of the primary procurement officer's determination.
Sec. 9 Timely Filing of Protest and Appeal
Unless good cause for delay is shown or the chief business officer determines that a protest or appeal raises issues significant to procurement practices or procedures, a protest or appeal that is not filed timely will not be considered.
Sec. 10 Appeal Final
An appeal to the chief business officer shall be limited to review of the primary procurement officer’s written determination of the protest. A decision issued in writing by the chief business officer shall be final.
Sec. 11 Record Retention
All documents related to protests filed with an institution will be retained in accordance with that institution’s records retention policy.
