Rule 672-21-.02. Eligibility for Filing Bid Protest

1. (1) The following Bidders may file a Bid Protest:

   1. a. a Bidder who has not been identified as the Apparent Low Bidder for a Construction Project and where its bid is in an amount lower than that of the Apparent Low Bidder; or
   2. b. an Apparent Low Bidder that has not been awarded the Construction Project.

2. (2) No Bidder may file a Bid Protest when:

   1. a. all bids have been rejected by the Department for the subject federally funded Construction Project; or
   2. b. the Department determines in its sole discretion that any and all Bid Protests are barred as a result of an imminent or serious danger to the public health, safety, or welfare or to property that requires the immediate awarding of the Construction Project.
3. (3) Failure to timely file a Bid Protest pursuant to this Chapter constitutes a waiver of the right to file a Bid Protest.
4. (4) Failure to include the information and documentation required by this Chapter with a Bid Protest constitutes a waiver of the right to file a Bid Protest.
5. (5) Completion of the Bid Protest procedures described in this Chapter is a condition precedent to the commencement of any legal or equitable action.

Authority: O.C.G.A. §§ 32-2-69, 50-13-4.

History. Original Rule entitled "Eligibility for Filing Bid Protest" adopted. F. Nov. 19, 2020; eff. Dec. 9, 2020.