| (a) If a protest is based on a solicitation or contract
award, the protesting party may appeal a determination of a protest
by the director to the general counsel. An appeal of the director's
determination must be in writing and received in the office of the
general counsel not later than 10 days after the date the director
sent written notice of the director's determination. The scope of
the appeal shall be limited to review of the director's determination.
The protesting party must mail or deliver to the using agency and
all other interested parties a copy of the appeal, which must contain
a certified statement that such copies have been provided.
(b) The general counsel may refer the matter to the
associate deputy comptroller or chief clerk for consideration or may
issue a written decision that resolves the protest.
(c) If the general counsel refers the protest to the
associate deputy comptroller or chief clerk, the general counsel shall
deliver the information the associate deputy comptroller or chief
clerk determines necessary.
(d) A protest or appeal that is not filed timely shall
not be considered unless good cause for delay is shown or the chief
clerk determines that an appeal raises issues that are significant
to agency procurement practices or procedures in general.
(e) A written decision issued by the chief clerk, associate
deputy comptroller or the general counsel shall be the final administrative
action of the comptroller.
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