| (a) The Chief Operating Officer or designee will review
the formal protest. Upon receipt of a protest, the Chief Operating
Officer or designee may:
(1) dismiss the protest, if it is not timely or does
not meet the requirements of SOAH's bid protest procedures;
(2) solicit written responses to the protest from interested
parties or other affected vendors; or
(3) attempt to settle and resolve the protest by mutual
agreement.
(b) The Chief Operating Officer or designee may request
that the protesting party and other interested parties provide additional
information and reasonable access to documents to allow SOAH to evaluate
the protest. The failure of a protesting party or another interested
party to timely respond to SOAH's written request(s) for information
relating to the protest may result in dismissal of the protest and/or
disqualification of that party from contract award.
(c) Status of Procurement During Protest at SOAH. If
a timely protest that meets the requirements of SOAH's bid protest
procedures is filed under this section, the Chief Operating Officer
or designee may delay the solicitation or award of the contract during
the pendency of the protest unless it is determined that the contract
must be awarded without delay to protect the best interests of the
state.
(d) Written Determination. If a protest concerning
a solicitation is not resolved by mutual agreement, the Chief Operating
Officer or designee will issue a written determination that resolves
the protest.
(1) If the Chief Operating Officer or designee determines
that no violation of applicable rules or statutes has occurred, the
Chief Operating Officer or designee shall inform the protesting party
and all other interested parties of that determination by letter,
which shall set forth the reasons for the determination.
(2) If the Chief Operating Officer or designee determines
that a violation of applicable rules or statutes has occurred in a
case where a contract has not been awarded, the Chief Operating Officer
or designee shall so inform the protesting party and all other interested
parties of that determination by letter. The letter shall set forth
the reasons for the determination and may set forth any appropriate
remedial action.
(3) If the Chief Operating Officer or designee determines
that a violation of applicable rules or statutes has occurred in a
case where a contract has been awarded, the Chief Operating Officer
or designee shall inform the protesting party and other interested
parties of that determination by letter. The letter shall set forth
the reasons for the determination and may set forth any appropriate
remedial action, if required, which may include canceling or voiding
the contract to the extent allowed by law.
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