Ga. Comp. R. & Regs. R. 672-17-.07 - Protests

(1) Scope of Protests. Protests are limited to, and this Rule prescribes the exclusive protest procedures for, the following:
(a) exclusion from the list of qualified Proposers; or
(b) award of a contract for Public-Private Partnership.
(2) Deadline and Filing. Protests must be filed as soon as the basis for the protest is known, but no later than fourteen calendar days after the notification of qualified Proposers or award of a contract, as applicable. A protester excluded from the list of qualified Proposers is not eligible to protest an award of a contract. Protests must be filed in the form and manner required by these Rules and the solicitation documents, and sent to the Office of the Commissioner, Department of Transportation, One Georgia Center, 22nd Floor, 600 W. Peachtree Street, NW, Atlanta, Georgia 30308. Failure to file a protest within the time and in the form and manner required under these Rules and the solicitation documents shall forfeit and be a waiver of any rights to protest any action by the Department, the Board, and their respective representatives relating to these Rules.
(3) Content. Protests must be in writing and shall describe in detail the grounds for the protest, its legal authority, and its factual basis, including any supporting documentation to enable the Department to evaluate the merits of the protest. The protest must be verified under oath.
(4) Decision on Protest. The protest shall be decided on the basis of written submissions. However, the Department may, in its sole discretion, allow the protester to orally present the basis of its protest. No testimony or other evidence shall be taken or presented at such hearing. The Department shall issue a decision on the protest within 60 days of the filing of the protest, and the decision shall be final, conclusive and non-appealable.
(5) Exclusivity of Rights and Remedies. Each protester, by responding to a Request for Qualifications or Request for Proposals, as applicable, shall be deemed to expressly recognize the limitation on its rights to protest as provided by these Rules and the solicitation documents, and shall be deemed to expressly waive all other rights and remedies that otherwise may be available at law or equity.


Ga. Comp. R. & Regs. R. 672-17-.07
O.C.G.A. Secs. 32-2-2, 32-6-80, 50-13-4.
Original Rule entitled "Protests" adopted. F. Jan. 25, 2010; eff. Feb. 14, 2010.

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