| (a) Upon receipt of a timely protest that conforms with this
subchapter, the chief financial officer will review the protest. The chief
financial officer may request written responses to the protest from any department
staff and may request from department staff any and all documents related
to the protest. The chief financial officer may solicit written responses
to the protest from other interested parties.
(b) The chief financial officer has the authority, prior to
appeal to the Commissioner, to settle and resolve the dispute concerning the
solicitation or award of the contract.
(c) If the protest is not resolved by mutual agreement, the
chief financial officer will issue a written determination on the protest.
(1) If the chief financial officer determines that no violation
of rules, statutes, or procedures has occurred, the chief financial officer
shall inform the protesting party and all other interested parties of that
determination by letter, which must set forth the reasons for the determination.
(2) In a case where a contract has not been awarded, if the
chief financial officer determines that a violation of the rules, statutes,
or procedures has occurred, the chief financial officer shall inform the protesting
party and all other interested parties of that determination by letter. The
letter must set forth the reasons for the determination and may set forth
any appropriate remedial action.
(3) In a case where a contract has been awarded, if the chief
financial officer determines that a violation of the rules, statutes, or procedures
has occurred, the chief financial officer shall inform the protesting party
and other interested parties of that determination by letter. The letter must
set forth the reasons for the determination and may set forth any appropriate
remedial action, which may include canceling or voiding the contract to the
extent allowed by law.
|
