1. (a) Substantive requirements. A protest must set forth facts showing that the protestor:

   1. (1) Is an interested party;

   2. (2) Has been aggrieved:

      1. (A) In connection with a solicitation; or
      2. (B) In connection with the award of a contract; and
   3. (3) Has grounds.

2. (b) Formal requirements.

   1. (1) A protest must be submitted in writing to the State Procurement Director or the head of the relevant procurement agency.
   2. (2) To expedite handling of protests, if delivered by mail, the envelope containing a protest should be clearly labeled “Protest”.
   3. (3) Protests delivered by email should be identified as a protest in the subject line and marked as important.

   4. (4) A protest shall include as a minimum the following:

      1. (A) The name and address of the protestor or the protestor’s attorney;
      2. (B) Appropriate identification of the solicitation by reference to its number, if a number has been assigned; and
      3. (C) Unless good cause is shown for its absence, a copy of any documents or supporting evidence upon which the protest is based, attached to or enclosed with the protest as an exhibit.
   5. (5) Where such documents or supporting evidence substantiating any claims made in a protest are believed or known to exist, but are not available with reasonable diligence to include as an exhibit within the time for submitting a protest, the anticipated documents must be described in the protest so as to explain how they are expected to support the protest and when the protestor reasonably anticipates they will be available, if ever.
   6. (6) Failure to provide such supporting exhibits without good cause or within a reasonable time may result in the protest not being sustained.

3. (c) Time periods for submission.

   1. (1) There are two (2) types of protests permitted under Arkansas Code § 19-11-244:

      1. (A) A protest in connection with the solicitation of a contract; and
      2. (B) A protest in connection with the award of a contract.

   2. (2) To be timely, a protest must be submitted in writing to the State Procurement Director or the head of the procurement agency conducting the procurement:

      1. (A) At least seventy-two (72) hours before the deadline for submitting a response to the solicitation, if it is a protest in connection with the solicitation of a contract; or
      2. (B) Within fourteen (14) calendar days after the award or notice of anticipation to award has been posted, whichever occurs first.

Codification Notes: This section was promulgated as R2:19-11-244 of the Procurement Rules prior to codification into the Code of Arkansas Rules.