(c)

1. (1) Before agreeing to settle any protest by the award of costs, the director shall consult the Attorney General and the Office of the Arkansas Lottery staff attorney.
2. (2) The award of costs shall be allowed only to compensate a petitioner for reasonable expenses incurred in preparation and submission of a bid or proposal for which the petitioner was wrongfully denied a contract award.

3. (3) The costs which are allowable shall be those which the petitioner is able to prove that are incurred in preparation and submission of the bid or proposal in question, but exclude travel and production costs that may result from participation in:

   1. (A) Prebid conferences;
   2. (B) Attending on-site inspections; and
   3. (C) Demonstrations or presentations made in responding to formal solicitations issued by the state.
4. (4) A petitioner may not recover profit which it anticipates would have been made if the petitioner had been awarded the major procurement contract.
5. (5) Attorney's fees associated with the filing and prosecution of the protest are not recoverable.

(d)

1. (1) If the protest is not resolved by mutual agreement, the director or hearing officer shall issue a written decision within thirty (30) calendar days after a protest has been filed.

2. (2) The decision shall include a:

   1. (A) Brief description of the claim;
   2. (B) Reference to the pertinent contract provision;
   3. (C) Brief statement of the factual and legal issues; and
   4. (D) Statement of the director’s or hearing officer's decision, with supporting rationale and the remedial action or award, if any.

(e) The director or hearing officer shall furnish a copy of the decision to the petitioner by certified mail, return receipt requested, or by any other method that provides written evidence of delivery, such as hand delivery by:

1. (1) Courier;
2. (2) Express mail; or
3. (3) Overnight express courier.

(f)

1. (1) The time limit for decisions set forth in subsection (d) of this section may be extended by the director or hearing office for good cause for a reasonable time not to exceed thirty (30) additional calendar days.
2. (2) The director or hearing officer shall notify the petitioner in writing that the time for the issuance of a decision has been extended and the date by which a decision will be issued.

(h)

1. (1) In lieu of a written decision, the director may, in his or her sole discretion, within thirty (30) calendar days after a protest is filed, give written notice to the petitioner that the protest shall be resolved by a hearing conducted by the director or hearing officer pursuant to the procedures for hearing set forth in 23 CAR § 372-407.
2. (2) Notwithstanding the foregoing, the office may at any time on its own motion direct that a protest be resolved by a hearing conducted by the director or hearing officer pursuant to the procedures for hearing set forth in 23 CAR § 372-407.