A.
Protests based upon alleged improprieties in a solicitation that are apparent
before the due date and time for responses to the solicitation, shall be filed
before the due date and time for responses to the solicitation.
1.
Protests based upon alleged improprieties in a
solicitation that are apparent before the bid opening shall be filed before bid
opening. Protests based upon alleged improprieties in a solicitation that are
apparent before the closing date for receipt of initial proposals shall be
filed before the closing date for receipt of initial proposals.
2.
In procurements requesting proposals, protests
concerning improprieties that do not exist in the initial solicitation but that
are subsequently incorporated into the solicitation shall be filed by the next
closing date for receipt of proposals following the
incorporation.
B.
In cases other than those covered in subsection (A), the interested party
shall file the protest within 10 days after the school district makes the
procurement file available for public inspection.
C. The interested party may file a written
request with the district representative for an extension of the time limit for
protest filing set forth in subsection (B). The written request shall be filed
before the expiration of the time limit set forth in subsection (B) and shall
set forth good cause as to the specific action or inaction of the school
district that resulted in the interested party being unable to file the protest
within the 10 days. The district representative shall approve or deny the
request in writing, state the reasons for the determination, and, if an
extension is granted, set forth a new date for submission of the
filing.
D. If the interested party
shows good cause and it is advantageous to the school district, the district
representative may consider any protest that is not filed timely.
E. The district representative shall
immediately give notice of the protest to the successful contractor if award
has been made or, if no award has been made, to all interested
parties.
F. At any time the
district representative or hearing officer may refer the protest to the
governing board for resolution in accordance with
R7-2-1152.
