(a)

1. (1) Any actual or prospective bidder, proposer, offeror, or contractor who is aggrieved in connection with the solicitation or award of a major procurement contract may file a protest seeking a determination with respect to any matter related to the solicitation or award of a major procurement contract except as otherwise provided herein.
2. (2) An aggrieved person who files a protest is hereinafter referred to as a petitioner.
3. (3) Other than as expressly set forth in this part, nothing contained herein shall confer any rights or remedies upon any aggrieved person or petitioner, or impose any duties or obligations upon the Office of the Arkansas Lottery, which are not otherwise so conferred or imposed by the Arkansas Scholarship Lottery Act, Arkansas Code § 23-115-101 et seq.

(c) The protest shall include the following information:

1. (1) The name, address, and telephone number of the petitioner;
2. (2) The signature of the petitioner;
3. (3) Identification of the solicitation or contract number that is the subject of the dispute;
4. (4) A statement of the legal and factual grounds supporting the position of the petitioner, including copies of relevant documents;
5. (5) Any other documentation the petitioner wishes to submit in support of petitioner's position; and

6. (6)

   1. (A) A statement of the relief requested whether legal, equitable, or otherwise.
   2. (B) If a monetary award is requested, the amount shall be stated.

(d)

1. (1) For a protest to be timely filed, the original protest manually signed by the petitioner must be physically received by the office within the time period prescribed in 23 CAR § 372-403.
2. (2) Facsimile or other electronically transmitted copies of the protest will not be accepted.

(e)

1. (1) The petitioner shall be required to provide a suitable bond to the office in certified funds at the time the protest is filed.

2. (2) The purpose of this bond is to:

   1. (A) Discourage frivolous petitions and litigation;
   2. (B) Ensure payment by the petitioner of the costs incurred as a result of the protest, including reasonable attorney's fees of the office, employees, or members of the commission, in the event the petitioner appeals and such costs are adjudged against the petitioner pursuant to Arkansas Code § 23-115-209; and
   3. (C) Ensure payment of all other amounts for which the petitioner may be found liable, including without limitation any loss of income to the office resulting from the institution of a frivolous appeal.

(f)

1. (1) Failure to provide such bond with any protest will result in the dismissal of such protest.
2. (2) A petitioner shall not have met the requirement in 23 CAR § 372-403 to timely file a protest unless the applicable bond accompanies the protest when it is timely filed.
3. (3) This requirement does not apply to any petitioner who has already provided a bond in the proper bond amount as part of a solicitation process.

(g)

1. (1) The amount of the bond shall be the amount established in the applicable solicitation.
2. (2) In the event that no amount is specified in the applicable solicitation, the bond shall be seventy-five thousand dollars ($75,000) or fifty percent (50%) of the value of the major procurement contract amount in controversy, whichever is less.