Wyo. Code R. 006-0006-4
Purchasing Division
Chapter 4: Protests
Effective Date: 08/31/2011 to Current
Rule Type: Current Rules & Regulations
Reference Number: 006.0006.4.08312011
PROTEST
Section 1. Protest. Protest of specific procurements conducted by the Wyoming state government may be made by the bidders, proposers or qualified potential bidders or proposers for that product or service for up to 10 (ten) days following the date of notice of intent to award of the contract or purchase order.
(a) Availability. Those proprietors, vendors, or firms submitting a bid or proposal for the specific procurement to be protested may participate in the protest procedure.
(b) Time. Protest shall be made, in writing, within ten calendar days of notice of intent to award the contract or purchase order by the state.
(c) Notification of Protest. A protest must be made in writing to:
State Procurement Department of Administration and Information 700 West 21st Street Cheyenne, Wyoming 82002
Section 2. Notification of Protest by Bidder or Proposer.
(a) When there is reason to believe that a specific procurement has violated the procurement policy or procedures of the State of Wyoming, protest may be made by following these procedures:
(i) Notify the Procurement Section, General Services Division, Department of Administration and Information, in writing, that a formal protest is made to a specific procurement.
Section 3. Action by the State on the Notification of Protest. Upon receipt of a written statement of protest of a procurement, the Procurement Section, General Services Division, Department of Administration and Information will:
(a) Record the Protest. Make a record of the protest in the procurement file.
(b) Informal Protest Meeting. On agreement of the parties, schedule and conduct an informal meeting for the purpose of attempting to resolve the protest informally.
Section 4. Formal Resolution of Protest. At the conclusion of the informal resolution meeting, the protesters may either consider the protest resolved or request, in writing, a formal protest hearing.
Section 5. Commencement of Action.
(a) Upon written request by the bidder or proposer, the Procurement Section shall commence proceedings to consider the protest. In an order to show cause, the Procurement Section shall notify the bidder or proposer and the state agency making the procurement of the:
(i) Time, place and nature of the hearing.
(ii) The legal authority and jurisdictional basis under which the hearing is to be held.
(iii) The particular procurement rules, policies, or statutes violated by the procurement.
(iv) Alleged violations.
(b) At the hearing, the bidder or proposer or their counsel, may appear and show why the procurement should not proceed.
(c) Any bidder or proposer or qualified potential bidder or proposer may seek to intervene in the bid protest hearing upon written motion. The motion shall state the reasons why intervention is sought, which the hearing officer shall consider in determining whether to grant the intervention.
Section 6. Time and Place of Hearing
(a) The hearing shall be held no less than twenty (20) days after service of the notice of the hearing to the bidder or proposer.
(b) Upon motion and good cause by any party the hearing may be postponed.
(c) Hearing will be conducted in the state's capitol city, Cheyenne, unless upon motion and for good cause another location is found to be preferable.
Section 7. Service and Filing.
(a) The petition or order to show cause shall be served personally or by mail, return receipt requested, addressed to the principal place of business of the bidder or proposer. Service of other documents shall be made to all parties or their counsel as shown by the certificate of service on each document, and service is complete upon mailing.
(b) The original of all documents filed for inclusion in the record shall be filed with the Procurement Section and the date of receipt noted on each. Copies will be promptly forwarded to the hearing officer.
(c) The Procurement Section shall assign each protested case a docket number and keep a docket entry sheet, listing all documents filed in connection with the case and the date of receipt of each.
Section 8. Default. In the event a bidder or proposer fails to appear at the hearing after valid service has been made, the bidder or proposer will be considered in default and the allegations made by the bidder or proposer shall be considered as false and an appropriate order entered.
(a) The Procurement Section shall designate or contract with a knowledgeable person to conduct the hearing.
(b) The bidder or proposer may move to disqualify a hearing officer by filing with the Procurement Section a written motion with support affidavits of personal bias. After careful consideration of the evidence presented, the Procurement Section shall rule on the motion.
(c) The hearing officer may withdraw whenever the hearing officer considers himself or herself disqualified because of personal bias or other substantial reason.
Section 10. Authority of Hearing Officer. In accordance with W.S. 16-3-112, hearing officers have authority to:
(a) Administer oaths and affirmations.
(b) Issue subpoenas.
(c) Rule upon offers of proof and receive relevant evidence.
(d) Take or cause depositions to be taken in accordance with the provisions of the Administrative Procedures Act, W.S. 16-3-101 through 115.
(e) Regulate the course of the hearing.
(f) Hold conferences for the settlement or simplification of issues.
(g) Dispose of procedural request or similar matters.
(h) Make recommended decisions when directed to do so by the Procurement Section.
(i) Take any action authorized by the Procurement Section, the Administrative Procedures Act, or the Wyoming State rules or statutes.
(j) Determine whether to grant intervention to any party moving to intervene.
Section 11. Final Decision.
(a) Upon receiving a recommendation by the hearing officer, the Director of the Department of Administration and Information shall issue a final decision in the protest.
(b) In the event the Director determines the procurement procedures were violated, the Director may take any reasonable actions within his discretion to remedy the violation, including rescinding the Notice of Intent to Award and reissuing a request for bid or proposal.