| (a) A protest shall be made in writing and received
by the Agency within 10 working days after the protesting party knows,
or should have known, of the occurrence of the action that is protested.
(b) A protest must include:
(1) a precise statement of the relevant facts;
(2) a statement of any issues (of law or fact) that
the protesting party contends must be resolved; and
(3) a statement of the argument and authorities that
the protesting party offers in support of the protest.
(c) A statement that copies of the protest have been
mailed or delivered to the using entity and all other identifiable
interested parties must be included. The program manager may settle
and resolve the dispute over the solicitation or award of a contract
at any time before the matter is submitted on appeal to the deputy
executive director.
(d) If the protest is not resolved by mutual agreement,
the division director shall issue a written determination that resolves
the protest.
(e) The director's determination shall be the Agency's
final administrative action.
(f) The Agency shall maintain all documentation on
the purchasing process that is the subject of a protest or appeal
in accordance with its approved records retention schedule.
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