R33-8-101f. Contesting a Notice of Intent to Award a Contract Without Engaging in a Standard Procurement Process

  (1) A person may contest the notice of intent to award a contract without engaging in a standard procurement process prior to the closing of the public notice period set forth in Section 63G-6a-112 by submitting the following information in writing to the chief procurement officer or head of a procurement unit with independent procurement authority:

  (a) the name of the contesting person; and

  (b) a detailed explanation of the challenge, including documentation that:

  (i) there are other competing sources for the procurement item;

  (ii) transitional costs are not significant, unreasonable, or cost-prohibitive; or

  (iii) conducting a standard procurement process is in the best interest of the conducting procurement unit.

  (2) Upon receipt of a challenge contesting an award of a contract without engaging in a standard procurement process, the chief procurement officer or the head of a procurement unit with independent procurement authority shall conduct an investigation to determine the validity of the challenge and make a written determination either supporting or denying the challenge.

  (a) If a challenge is upheld, the conducting procurement unit shall conduct a standard procurement process for the procurement item being considered or cancel the procurement;

  (b) If a challenge is not upheld, the conducting procurement unit may proceed with awarding a contract without engaging in a standard procurement process.

  (3) A vendor's right to file a protest under Title 63G, Chapter 6a; Part 16, is not waived by a vendor's actions to contest or challenge a procurement unit's notice of intent to award a contract without engaging in a standard procurement process under Section R33-8-101f.