63G-6a-1602. Protest -- Time for filing -- Basis of protest -- Authority to resolve protest.
(1) A protest may be filed with the protest officer by a person who: has standing; and is aggrieved in connection with a procurement or an award of a contract.
(2) A protest may not be filed after: the opening of bids, for a protest relating to a procurement under a bidding process; or the deadline for submitting responses to the solicitation, for a protest relating to another standard procurement process; or the closing of the procurement stage that is the subject of the protest: if the protest relates to a multiple-stage procurement; and notwithstanding Subsectionsand; or (2)(a)(i)(A) (B) the day that is seven days after the day on which the person knows or first has constructive knowledge of the facts giving rise to the protest, if: the protestor did not know and did not have constructive knowledge of the facts giving rise to the protest before: the opening of bids, for a protest relating to a procurement under a bidding process; the deadline for submitting responses to the solicitation, for a protest relating to another standard procurement process; or the closing of the procurement stage that is the subject of the protest, if the protest relates to a multiple-stage procurement; or the protest relates to a procurement process not described in Subsection. (2)(a)
(3) A deadline under Subsectionfor filing a protest may not be modified. (2)
(4) A protestor shall include in a protest: the protestor's mailing address and email address; and a concise statement of the facts and evidence: leading the protestor to claim that the protestor has been aggrieved in connection with a procurement and providing the grounds for the protestor's protest; and supporting the protestor's claim of standing. A protest may not be considered unless it contains facts and evidence that, if true, would establish: a violation of this chapter or other applicable law or rule; the procurement unit's failure to follow a provision of a solicitation; an error made by an evaluation committee or conducting procurement unit; a bias exercised by an evaluation committee or an individual committee member, excluding a bias that is a preference arising during the evaluation process because of how well a solicitation response meets criteria in the solicitation; a failure to correctly apply or calculate a scoring criterion; or that specifications in a solicitation are unduly restrictive or unduly anticompetitive.
(5) A protest may not be based on: the rejection of a solicitation response due to a protestor's failure to attend or participate in a mandatory conference, meeting, or site visit held before the deadline for submitting a solicitation response; a vague or unsubstantiated allegation; or a person's claim that: a procurement unit that complied with Sectiondid not provide individual notice of a solicitation to the person; or 63G-6a-112 the person received late notice of a solicitation for which notice was provided in accordance with Section. 63G-6a-112
(6) A protest may not include a request for: an explanation of the rationale or scoring of evaluation committee members; the disclosure of a protected record or protected information in addition to the information provided under the disclosure provisions of this chapter; or other information, documents, or explanations not explicitly provided for in this chapter.
(7) A person who fails to file a protest within the time prescribed in Subsectionmay not: (2) protest to the protest officer a solicitation or award of a contract; or file an action or appeal challenging a solicitation or award of a contract before an appeals panel, a court, or any other forum.
(8) Subject to the applicable requirements of Section, a protest officer or the head of a procurement unit may enter into a settlement agreement to resolve a protest. 63G-10-403