1. (1) Definitions.

   1. (a) Interested Party. Interested party means an actual or prospective bidder or offeror who may be aggrieved by the solicitation or award of a contract or by a protest.
   2. (b) Procurement Record. Procurement Record means the complete, contemporaneous documentation of an agency's procurement process, to include all documents generated or considered by the State during the procurement process.
   3. (c) Protester. Protester means any bona fide actual or prospective bidder or offeror who is aggrieved in connection with the solicitation or the award of a contract and who files an intent to protest or a protest.
2. (2) Presumption of Correctness. Decisions by the Chief Procurement Officer or Head of a Procurement Agency during the procurement process are presumed lawful and reasonable unless proven otherwise. The burden of proof is on a protestor to show not just mere error in the procurement process, but error causing it prejudice to the satisfaction of the Chief Procurement Officer or head of a Purchasing Agency for a protest to be sustained and relief to be granted.

3. (3) Filing of Intent to Protest or Protest.

   1. (a) When Filed. An intent to protest or a protest is considered filed when received by the Chief Procurement Officer.
   2. (b) Timing and Manner of Intent to Protest or Protest. Intent to protest a solicitation, an amendment to a solicitation, or an intent to award, must be filed within five calendar days of the issuance of such solicitation, amendment to a solicitation, or intent to award. Thereafter, a formal protest must be filed no later than seven calendar days from the filing of the notice of intent to protest (i.e., no later than twelve days from the action being protested). An intent to protest is not required if a formal protest is filed in lieu of an intent to protest within the initial five days permitted.
   3. (b) Subject of Intent to Protest or Protest. As set forth in this rule, protesters may file an intent to protest or protest on any phase of solicitation or award including but not limited to, specifications preparation, bid solicitation, or award. Protesters may also protest the disclosure of information marked confidential in the bid or offer if the disclosure provided a party with an unfair competitive advantage.

   4. (c) Form. The written protest shall include as a minimum the following:

      1. 1. the name and address of the protester and the email address of the protester's representative;
      2. 2. appropriate identification of the procurement, and, if a contract has been awarded, its number;
      3. 3. a statement of the grounds of the protest and the relief requested with enough particularity to give notice of the issues to be decided; and
      4. 4. supporting exhibits, evidence, or documents to substantiate any claims unless not available within the filing time in which case the expected availability date shall be indicated.
   5. (d) An intent to protest or protest that does not contain the information required by subsection (c) must be denied.
4. (4) [Reserved.]
5. (5) Stay of Procurements During Protest. When a protest has been timely filed and before an award has been made, the Chief Procurement Officer or the head of a Purchasing Agency shall make no award of the contract until the protest has been settled unless the Chief Procurement Officer makes a written determination, after consulting with the head of the Using Agency or the head of the Purchasing Agency, that the award of the contract without delay is necessary to protect substantial interests of the State.
6. (6) Receipt, Review, and Decision by the Chief Procurement Officer. Upon receipt of a protest containing all information required by this Rule,  if the protest is not resolved by mutual agreement within 10 days in accordance with Code of Ala. 1975, §41-4-16l(c), the Chief Procurement Officer will conduct an administrative review of the protest and the procurement record.  Upon the completion of the administrative review, the Chief Procurement Officer shall issue a written decision as expeditiously as possible.  During the administrative review of a protest, the Chief Procurement Officer may request information from the using agency and any interested party.
7. (7) Effect of Judicial or Administrative Proceedings. If an action concerning the protest has commenced in court, the Chief Procurement Officer shall not act on the protest but refer the protest to the Attorney General. After consulting with the Attorney General, the Chief Procurement Officer may proceed with a solicitation or award of a contract in accordance with Code of Ala. 1975, §41-4-16l(f). This Section shall not apply where a court requests that a decision be made on a protest by the Chief Procurement Officer or the head of a Purchasing Agency.

Author: Department of Finance, Legal Division

Statutory Authority: Code of Ala. 1975, §§41-4-161.

History: New Rule: Published June 30, 2022; effective August 14, 2022; operative October 1, 2022. Amended: Published March 31, 2026; effective May 15, 2026.