West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-11 - Rules for Selecting Design-Builds Under the Design-Build Procurement Act › Section 148-11-14 - Protests

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Any
				Design-Builder adversely affected by the intended decision of the Agency to
				award a contract or to reject all bids shall file a notice of protest and bond
				with the Agency within seventy-two (72) hours after the posting of the intent
				to award. A formal written protest shall be filed with the Agency within ten
				(10) days after filing the notice of protest with the Agency, stating with
				particularity the facts and law upon which the protest is based.
14.2. Any Design-Builder who files a notice
				of protest in a bid rejection or an award pursuant to this section shall post
				with the Agency, at the time of filing the notice of protest, a bond payable to
				the Agency in an amount equal to one percent (1%) of the lowest bid submitted,
				or $5,000, whichever is greater.
14.3. All protest bonds shall be made payable
				to the Agency and shall be signed and sealed by the protestor and surety. The
				bonds shall bind the protestor and surety and be conditioned upon the
				satisfaction of any cost and charges included in any final order of judgement
				or appellate proceedings, in the event that the Agency prevails. In lieu of a
				bond, the protestor may submit a cashier's check or bank money order made
				payable to the Agency, the monies shall be held in trust by the Agency. Protest
				bond forms may be obtained from the Agency.
14.4. All notices of protest and formal
				protests shall be filed with the Agency.
14.5. A protest is not timely filed unless
				both the notice of protest and the formal protest are received by the Agency
				within the required time limits. A written notice of protest which is filed by
				5:00p.m. on the date on which the seventy-two(72) hours expires is timely. If
				such a date is Saturday, Sunday or a legal holiday, the period shall run until
				5:00p.m. of the next day that is not a Saturday, Sunday or a legal
				holiday.
14.6. The Agency has the
				sole authority to review the protest and render a decision. The Director of the
				Agency, or his/her designee, shall review the protest and issue a written
				decision, A hearing may be conducted at the option of the Director or assigned
				designee.
14.7. If the
				Design-Builder is not satisfied with the Agency's decision, they may take
				appropriate legal action through the West Virginia court system.
14.8. If the protesting party prevails after
				completion of the protest and any appellate court proceedings, it shall be
				entitled to recover from the Agency all costs and charges included in the final
				order or judgement, excluding attorney's fees. If the Agency prevails it shall
				recover all costs and charges included in the final order or judgement
				excluding attorney's fees. Upon payment of such costs and charges by the
				protestor, the bond shall be returned. The entire amount of the bond shall be
				forfeited if the hearing officer determines that a protest was filed for a
				frivolous or improper purpose including, but not limited to, the purpose of
				harassing, causing unnecessary delay or causing needless expense for the Agency
				or successful Design-Builder.
14.9.
				The Agency shall be considered the prevailing party if the protestor withdraws
				the protest at any time before the entry of the final