OSC BID PROTEST GUIDELINES

1
OSCBID PROTEST GUIDELINES

• John Dalton
• Kevin King
• Jim Hettie

2
Authority to Hear protests

• Section 112 of the State Finance Law
• How protests come to OSC
• Part of Procurement Record
• Appeal of Agency Determination Filed with OSC
• Initial Protest Filed with OSC

3
Applicability

• Guidelines apply to all contracts submitted to
  OSC for approval
• Section 112 of the State Finance Law
• Contracts submitted to OSC for Approval (e.g.,
  Thruway Authority contracts)

4
Definitions

• Generally, track definitions contained in Section
  163 of the State Finance Law
• Interested party
• Contract award
• Protest

5
Initial Protest Filed with OSC

• If the contacting state agency has a protest
  procedure, and provides notice of its procedure,
  initial protest should be filed with state agency
• If not, interested party may file initial
  protest with OSC

6
Filing Initial Protest with OSC

• Protest must be in writing and filed with the OSC
  Bureau of Contracts
• If provided notice of contract award, protest
  must be filed within 10 days of notice
• No notice, anytime after award and prior to
  Bureau of Contracts approval of contract
• Protesting party must simultaneously file notice
  of protest with contracting state agency and
  successful bidder

7
Filing Initial Protest with OSC

• Contracting agency may file an answer to protest
  with the delivery of the contract to OSC or 7
  days after filing of the protest, whichever is
  later
• A copy of the answer must be simultaneously
  delivered to protestor and successful bidder
• The successful bidder may also file an answer to
  the protest, within the same time frame
• The protestor may file a reply to the answer(s),
  within 3 days of the filing of the answer(s)

8
OSC Bureau of Contracts

• General Authority of Bureau of Contracts
• May, on written notice to parties, act on an
  expedited basis
• May summarily deny the protest
• May conduct a fact finding hearing
• May require additional information concerning
  procurement

9
OSC Bureau of Contracts Determination

• Bureau of Contracts will issue a written
  determination
• Determination will address all issues raised by
  protest, as well as issues identified in Bureaus
  review of procurement
• All participants in the protest process will
  receive a copy of the determination

10
Appeal of Agency Determination

• Upon receipt of contracting agencys
  determination, interested party has10 days to
  file an appeal with the OSC Bureau of Contracts
• A copy of the appeal must be filed with
  contracting agency, successful bidder and any
  other participant in the protest process.
• Appeal must set forth basis on which it
  challenges contracting agencys determination

11
Appeal of Agency Determination

• Contracting agency may file an answer to appeal
  with the delivery of contract to OSC or 7 days
  after the filing of protest, whichever is later
• Contracting agency must copy protestor and
  successful bidder on answer
• Successful bidder may file an answer within same
  time frame, and must copy contracting agency and
  protestor

12
Appeal of Agency Determination

• Bureau of Contracts may require further
  information and/or conduct a fact finding hearing
• Bureau of Contracts will issue a written
  determination of the appeal
• All interested parties will be provided with a
  copy of the determination

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SUGGESTED BEST PRACTICES

• Advise participants of protest procedures
• Advise bidders that an award has been made
• Provide debriefings
• Agency personnel deciding protest should not have
  been actively involved in the procurement

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Questions

• Link to OSC G-Bulletin 232
• http//www.osc.state.ny.us/agencies/gbull/g_232.h
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