§ 41-4-161 — Notice of Intent to Protest; Resolution; Appeal and Review

(a)(1) A bona fide prospective bidder or offeror who is aggrieved in connection with the solicitation of a contract may file a notice of intent to protest with the Chief Procurement Officer within five calendar days after the date the solicitation is issued, or after the date any amendment to the solicitation is issued if the amendment is at issue. After filing a notice of intent to protest, the bona fide prospective bidder or offeror shall have seven calendar days to submit a formal written protest.
(2)a. Except as provided in paragraph b., a bona fide actual bidder or offeror who is aggrieved in connection with the intended award or the award of a contract may file a notice of intent to protest with the Chief Procurement Officer within five calendar days after the date of the award or the date of the notice of intent to award, whichever is earlier, is posted in accordance with this article. After filing a notice of intent to protest, the bona fide actual bidder or offeror shall have seven calendar days to submit a formal written protest. The Chief Procurement Officer may award the contract at issue if he or she does not receive the notice of intent to protest within the five-day period.
b. A matter that could have been raised under subdivision (1) as a protest of the solicitation may not be raised as a protest of the award or intended award of a contract.
(3) A notice of intent to protest filed under subdivision (1) or (2) shall be in writing, filed with the Chief Procurement Officer, state the intent to protest, and state the grounds of the protest and the relief requested with enough particularity to give notice of the issues to be decided.
(b) The Chief Procurement Officer or his or her designee may settle and resolve the protest of a bona fide actual or prospective bidder or offeror concerning the solicitation or award of a contract in accordance with rules adopted under this article.
(c) If the protest is not resolved by mutual agreement within 10 days after the protest is filed, the Chief Procurement Officer shall commence an administrative review of the protest and issue a decision in writing within 14 days after the review.
(d) A copy of the decision under subsection (c) shall be mailed or otherwise furnished immediately to the protester and any other party intervening.
(e) A decision under subsection (c) shall be final and conclusive, unless fraudulent or unless a party adversely affected by the decision appeals administratively to the Director of Finance in accordance with Section 41-4-164.
(f)(1) Except as provided in subdivision (2), in the event of a timely protest under subsection (a) or an appeal under Section 41-4-164, the state may not proceed further with the solicitation or with the award of the contract until five days after notice of the final decision is provided to the protester.
(2) Notwithstanding subdivision (1), a solicitation or award of a protested contract may proceed without delay if the Chief Procurement Officer, after consultation with the head of the using agency or the head of a purchasing agency, makes a written determination that the solicitation or award of the contract without further delay is necessary to protect the best interests of the state.

Legislative History

(Act 2021-296, §2; Act 2025-35, §1)