(a) Protests concerning a solicitation.

1. (1)

   1. (A) A protest in regard to a major procurement contract solicitation for which the basis for the protest is reasonably apparent before the closing date for receipt of initial proposals shall be filed within five (5) business days after the deadline for vendor questions established in the solicitation.
   2. (B) A protest in regard to any other solicitation for which the basis for the protest is reasonably apparent before the closing date for receipt of initial proposals shall be filed before the closing date for receipt of initial proposals.
   3. (C) A protest based upon a solicitation that is reasonably apparent before the bid opening shall be filed before bid opening.
2. (2) Protests based upon an amendment to any solicitation, or upon any additional information requested or accepted by the Office of the Arkansas Lottery with respect to any solicitation or response thereto, that is reasonably apparent before the closing date for receipt of proposals or any supplemental information requested by the office shall be filed within five (5) business days after the deadline for vendor questions or the date of the amendment, whichever date is later.
3. (3) If a protest is timely filed with the Director of the Office of the Arkansas Lottery and the procurement director of the office before the award of a contract, the award of such contract may be made before a decision is rendered on the protest.

(b) Protest concerning an award of contract.

1. (1)

   1. (A) Any aggrieved person may protest the office’s decision to award a major procurement contract.
   2. (B) Only persons or entities that submit a bid, offer, quote, or proposal with respect to a major procurement solicitation for a competitively bid major procurement contract may be considered an aggrieved person with standing to file a protest with respect to the award of such contract or the issuance of a notice of intent to award such contract.

2. (2) Any written protest shall be filed:

   1. (A) In the case of a major procurement contract that has not been competitively bid by the office, within five (5) business days after either the office’s issuance of a notice of intent to award such major procurement contract or the office’s award of such major procurement contract is posted, published, or otherwise made publicly available, whichever occurs first; and
   2. (B) In the case of a major procurement contract that has been competitively bid by the office, within five (5) business days after the office’s issuance of a notice of intent to award such major procurement contract is posted, published, or otherwise made publicly available.

3. (3) If a protest seeking equitable relief regarding the award of any major procurement contract is timely filed with the Director of the Office of the Arkansas Lottery and the procurement director of the office, the office may award and enter into such major procurement contract only if:

   1. (A) Such protest has been resolved in accordance with this part; or
   2. (B) The office has made a written determination that the award of such major procurement contract without delay is necessary to protect substantial interests of the office.