Protests. Protests are limited to, and this Rule prescribes the exclusive
protest procedures for, the following:
exclusion from the list of qualified Proposers; or
(b) award of a contract for Public-Private
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
(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.
Original Rule entitled
"Protests" adopted. F. Jan. 25, 2010; eff.
Feb. 14, 2010.