Skip to content
Department of Transportation & Public Facilities Logo
Alaska Department of Transportation and Public Facilities

PROCUREMENT AND CONTRACTING
You are here: DOT&PF >  Procurement and Contracting > Supply and Services > Protest Rules

Protest Rules

Sec. 36.30.550. Applicability of protest and appeal procedures. [Effective January 1, 1997]...

  1. Except for small procurements made under AS 36.30.320, the provisions of AS 36.30.560 - 36.30.615 apply to a solicitation, a proposed contract award, and an award of a contract for supplies, services, professional services, or construction.
  2. The commissioner shall adopt regulations providing for protest and appeal procedures of small procurements made under AS 36.30.320.

 

Sec. 36.30.560. Filing of a protest.

An interested party may protest the award of a contract, the proposed award of a contract, or a solicitation for supplies, services, professional services, or construction by an agency. The protest shall be filed with the procurement officer of the contracting agency in writing and include the following information:

  1. the name, address, and telephone number of the protester;
  2. the signature of the protester or the protester's representative;
  3. identification of the contracting agency and the solicitation or contract at issue;
  4. a detailed statement of the legal and factual grounds of the protest, including copies of relevant documents; and
  5. the form of relief requested.

 

Sec. 36.30.565. Time for filing a protest.

  1. A protest based on alleged improprieties or ambiguities in a solicitation must be filed at least 10 days before the due date of the bid or proposal, unless a later protest due date is specifically allowed in the solicitation. If a solicitation is made with a shortened public notice period and the protest is based on alleged improprieties or ambiguities in the solicitation, the protest must be filed before the due date of the bid or proposal. Notwithstanding the other provisions in this subsection, the protest of an invitation to bid or a request for proposals in which a pre-bid or pre-proposal conference is held within 12 days of the due date must be filed before the due date of the bid or proposal if the protest is based on alleged improprieties or ambiguities in the solicitation. A protest based upon alleged improprieties in an award of a contract or a proposed award of a contract must be filed within 10 days after a notice of intent to award the contract is issued by the procurement officer.
  2. If the protester shows good cause, the procurement officer of the contracting agency may consider a filed protest that is not timely.

 

Sec. 36.30.570. Notice of a protest.

The procurement officer shall immediately give notice of a protest filed under AS 36.30.565 to the contractor if a contract has been awarded or, if no award has been made, to all interested parties.

 

Sec. 36.30.575. Stay of award.

If a protest is filed the award may be made unless the procurement officer of the contracting agency determines in writing that a

  1. reasonable probability exists that the protest will be sustained; or
  2. stay of the award is not contrary to the best interests of the state.

 

Sec. 36.30.580. Decision by the procurement officer.

  1. The procurement officer of the contracting agency shall issue a written decision containing the basis of the decision within 15 days after a protest has been filed. A copy of the decision shall be furnished to the protester by certified mail or other method that provides evidence of receipt.
  2. The time for a decision may be extended up to 30 days for good cause by the commissioner of administration, or, for protests involving construction or procurements for the state equipment fleet, the commissioner of transportation and public facilities. If an extension is granted, the procurement officer shall notify the protester in writing of the date that the decision is due.
  3. If a decision is not made by the date it is due, the protester may proceed as if the procurement officer had issued a decision adverse to the protester.

 

Sec. 36.30.585. Protest remedies.

  1. If the procurement officer sustains a protest in whole or in part, the procurement officer shall implement an appropriate remedy.
  2. In determining an appropriate remedy, the procurement officer shall consider the circumstances surrounding the solicitation or procurement including the seriousness of the procurement deficiencies, the degree of prejudice to other interested parties or to the integrity of the procurement system, the good faith of the parties, the extent the procurement has been accomplished, costs to the agency and other impacts on the agency of a proposed remedy, and the urgency of the procurement to the welfare of the state.
  3. Notwithstanding (a) and (b) of this section, if a protest is sustained in whole or part, the protester's damages are limited to reasonable bid or proposal preparation costs.

 

Sec. 36.30.590. Appeal on a protest.

  1. An appeal from a decision of a procurement officer on a protest may be filed by the protester with the commissioner of administration, or for protests involving construction or procurements for the state equipment fleet, the commissioner of transportation and public facilities. An appeal shall be filed within 10 days after the decision is received by the protester. The protester shall file a copy of the appeal with the procurement officer.
  2. An appeal must contain the information required under AS 36.30.560. In addition, the appeal must include
    1. a copy of the decision being appealed; and
    2. identification of the factual or legal errors in the decision that form the basis for the appeal.

 

Sec. 36.30.595. Notice of a protest appeal.

  1. The procurement officer shall immediately give notice of an appeal filed under AS 36.30.590 to the contractor if a contract has been awarded or, if no award has been made, to all interested parties.
  2. The commissioner of administration or the commissioner of transportation and public facilities, as appropriate, shall, on request, furnish a copy of the appeal to a person notified under (a) of this section, except that confidential material shall be deleted from the copy.

 

Sec. 36.30.600. Stay of award during protest appeal.

If a protest appeal is filed before a contract is awarded and the award was stayed under AS 36.30.575 , the filing of the appeal automatically continues the stay until the commissioner of administration or the commissioner of transportation and public facilities, as appropriate, makes a written determination that the award of the contract without further delay is necessary to protect substantial interests of the state.

 

Sec. 36.30.605. Protest report.

  1. The procurement officer of the contracting agency shall file a complete report on the protest and decision with the commissioner of administration or the commissioner of transportation and public facilities, as appropriate, within 10 days after a protest appeal is filed. The procurement officer shall furnish a copy of the report to the protester and to interested parties that have requested a copy of the appeal under AS 36.30.595 (b).
  2. The procurement officer may request an extension of time to prepare the protest report. The request must be in writing listing the reasons for the request. The commissioner of administration or the commissioner of transportation and public facilities, as appropriate, shall respond to the request in writing. If an extension is granted, the commissioner shall list the reasons for granting the extension and indicate the date the protest report is due. The commissioner shall notify the protester in writing that the time for submission of the report has been extended and the date the report is due.
  3. The protester may file comments on the protest report with the commissioner of administration or the commissioner of transportation and public facilities, as appropriate, within 10 days after the report is received. The protester shall provide copies of the comments to the procurement officer and to interested parties that have requested a copy of the appeal under AS 36.30.595 (b).
  4. The protester may request an extension of time to prepare the comments on the protest report. The request must be in writing listing the reasons for the request. The commissioner of administration or the commissioner of transportation and public facilities, as appropriate, shall respond to the request in writing. If an extension is granted, the commissioner shall list the reasons for granting the extension and indicate the date the comments are due. The commissioner shall notify the procurement officer in writing that the time for submission of the comments has been extended and the date the comments are due.

 

Sec. 36.30.610. Decision without hearing.

  1. The commissioner of administration or the commissioner of transportation and public facilities, as appropriate, shall dismiss a protest appeal before a hearing is held if it is determined in writing that the appeal is untimely under AS 36.30.590 (a).
  2. The commissioner of administration or the commissioner of transportation and public facilities, as appropriate, may issue a decision on an appeal without a hearing if the appeal involves questions of law without genuine issues of fact.
  3. The commissioner of administration or the commissioner of transportation and public facilities, as appropriate, shall, within 15 days from the date the appellant's comments on the protest report are due under AS 36.30.605 (c),
  4. notify the appellant of the acceptance or rejection of the appeal and, if rejected, the reasons for the rejection.

 

Sec. 36.30.615. Hearing on protest appeal.

A hearing on a protest appeal shall be conducted in accordance with AS 36.30.670 and regulations adopted by the commissioner.

 

2 AAC 12.615. Protest of Provisions and Cancellation of Solicitation.

  1. An interested party may protest provisions of an invitation to bid or request for proposals by filing with the procurement officer a written protest that includes the information required by AS 36.30.560 no less than 10 days before the date of bid opening or proposal opening, or by the date set out in the invitation to bid or request for proposals for filing of the protest.
  2. An interested party may protest the cancellation of an invitation to bid or request for proposals by filing with the procurement officer a written protest that includes the information required by AS 36.30.560 no more than 10 days after a notice of cancellation is issued by the procurement officer.

PROTESTS - SMALL PROCUREMENTS

2 AAC 12.695. PROTESTS OF SMALL PROCUREMENTS.

  1. An interested party shall attempt to informally resolve a dispute with the procurement officer regarding a small procurement. If the attempt is unsuccessful, the interested party may protest the solicitation or the award of a small procurement contract under AS 36.30.320. The protest must be filed with the commissioner of the purchasing agency or the commissioner's designee. The protester must file a copy of the protest with the procurement officer for the purchasing agency.
  2. If protesting a solicitation issued under 2 AAC 12.400, a protest shall be filed before the date and time that quotations or informal proposals are due to the purchasing agency.
  3. If protesting the award of a small procurement contract of no more than $25,000, the protest shall be filed within 10 days from the date of the solicitation or award, whichever is later.
  4. If protesting the award of a small procurement contract greater than $25,000, a protest shall be filed within 10 days from the date that notice of award is made.
  5. To be accepted by the purchasing agency, a protest filed under (a) - (d) of this section shall contain the information required under AS 36.30.560.
  6. The procurement officer shall immediately give notice of the protest to the contractor or, if no award has been made, to all firms or persons that were solicited for the small procurement.
  7. The appropriate commissioner or commissioner's designee shall
    1. with the concurrence of the protester, assign the protest to the procurement officer or other responsible state official for a final administrative resolution under alternate dispute resolution;
    2. issue a decision denying the protest and stating the reasons for denial;
    3. issue a decision that sustains the protest, in whole or in part, and instruct the procurement officer to implement an appropriate remedy; or
    4. conduct a hearing on the protest consistent with the procedures contained in AS 36.30.670(b).