(1) Any actual or prospective bidder who is aggrieved in connection with the project documents or award of a capital improvement contract has the right to protest to the Construction Section Administrator or the department that opened and read the bid pursuant to 22 CAR § 112-103.
(2) The protest shall be submitted in writing within five (5) business days after the bid opening.
(3) In the event a bidder is declared nonresponsive or rejected after the five-day period, the bidder shall have three (3) business days from the declaration to submit a protest.
(4) All protests shall identify the project by bid number or with sufficient detail to identify the project and shall, with specificity, set forth the allegations of the acts or omissions related to the protest.
(5) Since time is of the essence in award of all capital improvement contracts, protests and their resolutions shall be resolved promptly.
(6) The Building Authority Division shall be informed of protests to department officials and of their responses.
(7) Subcontractors or suppliers are not considered bidders under this section.
(8) Only official representatives of the actual or prospective bidder may submit a protest.
(9) 22 CAR § 112-301 et seq., shall not be construed as a waiver of the state’s right to reject any or all bids and to waive any formalities.
(b)
(1) Any and all protests regarding the department determination of the lowest responsible bidder shall be made to the department with a copy to the division in the timeframe stated above and in accordance with 22 CAR § 112-330.
(2) Protests involving prohibited bidders shall be made pursuant to 22 CAR § 112-325.