Appeal Hearing Decisions - 2009 to present
The Director of the Bureau of General Services has promulgated Chapter 120—Rules for Appeal of Contract and Grant Awards which govern the procedures by which an aggrieved person may appeal a contract award decision. A brief synopsis of that rule follows, but potential appellants are encouraged to read the full text of the rule before filing an appeal request. Chapter 120 is available from the Division of Purchases or can be opened by clicking the link above.
- Only aggrieved persons may request a Stay of Award or an Appeal. An aggrieved person is any person who bids on a contract and who is adversely affected financially, professionally, or personally by that contract award decision.
- A Stay must be requested in writing within ten calendar days of award notification and must state clearly the specific nature of the grievance, demonstrate irreparable injury to the petitioner, a reasonable likelihood of success on the merits of the appeal, and there being no substantial harm to adverse parties or to the general public.
- The Director's decision regarding the request for Stay will be communicated in writing within seven days of receipt of the request.
- Failure of the petitioner to obtain a Stay does not affect the petitioner's right to request a Hearing of Appeal.
- An Appeal must be requested in writing within fifteen calendar days of award notification and must clearly demonstrate why the petitioners believes that at least one of three criteria has been met. The appeal criteria are: (1) a violation of law; (2) an irregularity creating a fundamental unfairness, and (3) an arbitrary or capricious award.
- The Director's decision regarding the request for a Hearing of Appeal will be communicated in writing within fifteen days of receipt of the request.
- A hearing will be granted unless: (1) the petitioner is not an aggrieved person; (2) a prior request by the same petitioner about the same contract award has been granted; (3) the request was made more than 15 days after the notification of contract award; and, (4) the request is capricious, frivolous, or without merit.
- An Appeal Committee consisting of three members will be appointed to hear the appeal. The Commissioner of the Department of Administrative and Financial Services will appoint two members from departments not involved in the contract award. The third members of the Appeal Committee will be the Director of the Division or purchases or a designee.
- The hearing must be held within sixty days of receipt of the initial request and will provide the opportunity for both the petitioner and the awarding department to present testimony and documentary evidence related to the issues on appeal. The Appeal Committee will keep a written record of the hearing and will meet after the close of the hearing to make its determination.
- The Appeal Committee's actions are limited to one of the following:
- Validate the contact award decision under appeal, or
- Invalidate the contract award decision under appeal.
- The Appeal Committee will submit its written decision to the Director of the Bureau of General Services not later than fifteen days following the hearing after which the Director must notify the petitioner, the contracting State agency, and all intervenors within ten calendar days.
- This notification is considered final agency action and, as such, may be eligible for judicial review.
[ Top ]