| (1) An appellant may appeal the director's protest determination to the DFA by filing a written notice of appeal with the DFA no later than the tenth day after the date the protestant or interested party receives the director's protest determination letter. (2) An appeal shall be sworn and notarized and shall contain: (A) the name and address of the appellant; (B) identification of the procurement to which the protest was directed; (C) identification of the director's protest determination letter to which the appeal is directed; (D) a statement of every point of the director's protest determination letter which the appellant claims is incorrect; and (E) argument and authorities, if any, in support of the appeal. (g) DFA's obligation on appeal. (1) No later than the tenth day following receipt of a timely, complete appeal, the DFA shall notify by certified mail all other interested parties in the protest inquiry and determination that is the subject of the appeal. The notice shall consist of a copy of the written appeal, an invitation to the other interested parties to submit comments and/or a request to participate in the appeal, and a deadline by which the interested party must respond to the DFA. In the event the DFA receives a protest determination forwarded under subsection (e)(4) of this section, the notice shall inform the protestant and all other interested parties in the protest inquiry that the director's protest determination has been forwarded to the DFA for review and shall include a deadline by which to respond to the DFA. The deadline shall be not less than ten days from the date the protestant or interested party receives the DFA's notice. (2) Following the deadline for receipt of comments or requests to participate in the appeal, the DFA may forward to the General Counsel the protest file, the appeal, and any comments by interested parties, and request the General Counsel's review and written recommendation on the appeal. (3) If an appeal is not withdrawn by the appellant, the DFA shall review the protest file, the appeal, any comments by interested parties, and any information or recommendation prepared by the General Counsel and shall issue a written determination on the appeal by letter. The DFA shall provide a copy of the appeal determination letter to the appellant and the appeal parties by certified mail. The DFA's appeal determination letter shall include the following information, as appropriate: (A) If the DFA determines that the director's determination was substantially correct, the DFA shall so state and shall set forth the reasons for the determination. (B) If the DFA determines that the director's determination was substantially incorrect, the DFA shall so state and shall set forth the reasons for the determination and the appropriate remedial action. (C) Any appeal determination that results in a contract being declared void or rescinded and that is not appealed shall be forwarded to the Commission to be reviewed pursuant to the procedure in subsection (h) of this section. (h) Procedure on appeal to the Commission. When a DFA's appeal determination is appealed to the Commission or when the DFA forwards an appeal determination to the Commission pursuant to subsection (g)(3)(C) of this section, the following requirements shall apply. (1) A party to an appeal who is aggrieved by the DFA's appeal determination may appeal the determination to the Commission by filing a written notice of appeal with the General Counsel no later than the tenth day after the date the appellant or interested party receives the DFA's appeal determination letter. (2) An appeal to the Commission shall be sworn and notarized and shall contain: (A) the name and address of the person filing the appeal to the Commission; (B) identification of the procurement to which the protest and appeal were directed; (C) identification of the DFA's appeal determination letter to which the appeal to the Commission is directed; (D) a statement of every point of the DFA's appeal determination letter which the person claims is incorrect; and (E) argument and authorities, if any, in support of the appeal to the Commission. (3) No later than the tenth day after receiving an appeal to the Commission or an appeal determination under subsection (g)(3)(C) of this section, the General Counsel shall schedule the appeal for consideration at an open meeting of the Commission. The General Counsel shall also notify, by certified mail, all parties to the appeal of the date on which the Commission will consider the appeal and shall the deadline by which parties shall file any additional comments or request to be heard in oral argument before the Commission at the scheduled open meeting. The deadline for party submissions shall be not less than ten days prior to the open meeting at which the matter is scheduled to be considered. (4) The General Counsel shall provide to the Commission copies of the protest file, the appeal file, the appeal to the Commission, the General Counsel's notice, and the responses of the parties, if any. (5) The Commission may consider all written materials and any oral arguments made in open meeting. (6) The Commission's determination of the appeal or of a determination forwarded under subsection (g)(3)(C) of this section shall be by written order. (i) In the event the director receives a protest, all documents collected by the Commission as part of a solicitation, evaluation, and/or award of a contract shall be retained by the Commission for a period of four years from the date of the initial procurement action. In addition, the Commission shall also retain the protest file, the appeal file, and any documents or Commission orders pertaining to a determination made by the Commission. |
