| (a) Upon receipt of a timely protest that conforms
with this subchapter, the Responsible Individual will review the protest.
The Responsible Individual may request written responses to the protest
from any staff of the Department and may request from the Department
staff any and all documents related to the protest. The Responsible
Individual may solicit written responses to the protest from other
interested parties.
(b) The Responsible Individual has the authority, prior
to appeal to the Commissioner or Deputy Commissioner, to settle and
resolve the dispute over the solicitation or award of a contract.
(c) If the protest is not resolved by mutual written
agreement, the Responsible Individual shall issue a written determination
regarding the protest within thirty (30) calendar days of receipt
of a timely protest that conforms with this subchapter. The Responsible
Individual shall consult with the Chief Financial Officer and the
Office of General Counsel prior to issuing a written determination
on the protest.
(d) The Responsible Individual shall inform the protesting
party, Deputy Commissioner, and other interested parties of the written
determination, denying or sustaining the protest, in whole or in part,
setting forth the reasons for the determination. The written determination
may set forth any appropriate remedial action, including a decision
that:
(1) requires all or any portion of the solicitation
or award of the contract to be rebid or repurchased;
(2) limits or shortens the term of any existing contract
and requires rebid or repurchase of the procurement; or
(3) cancels or declares the contract void, and requires
rebid or repurchase of the procurement.
(e) A protest that is not timely filed with the Responsible
Individual will not be considered unless good cause for delay is shown
and the Commissioner or Deputy Commissioner, in consultation with
the Office of General Counsel, determines that the protest raises
issues that are significant to Department procurement practices or
procedures in general.
(f) Unless a protesting party or interested party timely
files an appeal pursuant to §1.1103 of this subchapter (relating
to Appeal), the written determination of the Responsible Individual
is the final administrative action of the Department.
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