Ariz. Admin. Code § R6-6-2008 - Acute Care - Protests

A. The Assistant Director shall resolve any protest filed concerning a contract proposal or award covered by this Article.

B. An offeror may protest a contract proposal or award by filing a written protest with the Assistant Director.

C. A protest shall include the following information;

1. Name, address, and telephone number of the protester;

2. Signature of the protester or its representative;

3. Identification of the request for proposals or contract number;

4. A statement of the legal and factual grounds of the protest including copies of any relevant documents; and

5. The relief requested.

D. The protester shall file the protest within one of the following time-frames:

1. Prior to the closing date for receipt of initial proposals if the protest relates to a request for proposals; or

2. Within 14 working days after a contract award has been made public as described in R6-6-2007(E), if the protest relates to the award of a contract.

E. A protest is deemed filed when the written document is received by the Division.

F. If a protest is filed before the award of a contract, the Division may award a contract unless the Assistant Director makes a written determination that there is reasonable probability that the protest will be sustained and that the stay of award of the contract is consistent with the best interests of the state.

G. Within 14 work days of the filing date of a protest, the Assistant Director shall send a written decision to the protester by certified mail, return receipt requested, or by any other method that provides evidence of receipt. The Assistant Director shall explain the reasons for the conclusions reached in the decision.

H. If the Assistant Director sustains the protest in whole or part, and determines that the request for proposals, proposed contract award, or contract award does not comply with applicable statutes and rules, the Assistant Director shall implement an appropriate remedy as prescribed in subsection (J).

I. In determining an appropriate remedy, the Assistant Director shall consider the following:

1. Circumstances surrounding the procurement or proposed procurement,

2. The seriousness of the procurement deficiency,

3. The degree of prejudice to other interested parties,

4. The degree of prejudice to the integrity of the procurement system,

5. The good faith of the parties,

6. The extent of performance,

7. The costs to the state,

8. The urgency of the procurement, and

9. The impact of the relief on the Department's mission.

J. The following actions, alone or in combination, shall serve as an appropriate remedy;

1. Decline to exercise an option to renew under the contract,

2. Terminate the contract,

3. Reissue the request for proposals,

4. Issue a new request for proposals, or

5. Award a contract as provided in these procurement rules.

Notes

Ariz. Admin. Code § R6-6-2008

Adopted effective March 7, 1983 (Supp. 83-2). Section repealed, new Section adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-2008 renumbered to R6-6-2007, new Section R6-6-2008 renumbered from R6-6-2009 effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Former Section R6-6-2008 recodified to R6-6-2208; new Section R6-6-2008 recodified from R6-6-1908 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4). R6-6-2008(D)(2) reference to R6-6-1907(E) corrected to R6-6-2007(E) at request of the Department, Office File No. M10-461, filed December 6, 2010 (Supp. 10-1).