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Appeals and Disputes In accordance with Chapter 11, "Appeals and Disputes" of the Agency Procurement and Surplus Property Manual, Longwood University establishes the following administrative procedures for hearing appeals from refusals to allow withdrawal of bids, appeals from disqualifications, appeals from determinations of non-responsibility, appeals of denials of protests of award or decision to award a contract, and appeals from decisions on disputes arising during the performance of a contract, or any of these which relate to contracting for services or goods. Any bidder, offeror, or contractor refused permission to, or disqualified from participation in public contracts shall be notified in writing by the Director of Materiel Management. The notification shall include the written determination of disqualification ineligibility. The bidder, offeror, or contractor may (within five business days) request that he be allowed to inspect any documents which relate to the determination. Within ten business days after receipt of the notice, the bidder, offeror, or contractor may submit rebuttal information challenging the evaluation . The Director of Materiel Management will issue its written determination of disqualification or ineligibility based on all information in the possession of Longwood University, including any rebuttal information, within five business days of the date that the Materiel Management Office received such rebuttal information. If the evaluation reveals that the bidder, offeror or contractor should be allowed permission to participate in the public contract, the public body shall cancel the proposed disqualification action. If the evaluation reveals that the bidder, offeror or contractor should be refused permission to participate, or disqualified from participation, in the public contract, the Director of Materiel Management shall so notify the bidder, offeror or contractor. Such notice shall state the reasons for the action taken. This decision shall be final. Protest of Award or Decision to Award: Any bidder or offeror may protest the award or decision to award a contract by submitting such protest in writing to the Longwood University Director of Materiel Management, no later than ten (10) days after public notice of the award or the announcement of the decision to award, whichever occurs first. Public notice of the award or the announcement of the decision to award shall be given by Longwood University in the manner prescribed in the terms or conditions of the IFB or RFP. Any bidder, offeror, or contractor, or a potential bidder or offeror on a contract negotiated on a sole source or emergency basis who desires to protest the award or decision to award such contract shall submit such protest in the same manner no later than ten (10) days after posting or publication of the notice of such contract award. The written protest must be received in the Longwood University Materiel Management office no later than 5:00 p.m. on the tenth day. If the tenth day falls on a weekend or an official holiday, the ten-day period expires at 5:00 p.m. on the next regular workday. However, if the protest of any actual or potential bidder or offeror depends in whole or in part upon the information contained in public records pertaining to the procurement transaction, then the time within which the protest must be submitted shall expire ten (10) days after those records are available for inspection by such bidder or offeror, or at such later time as provided. No protest shall lie for a claim that the selected bidder or offeror is not a responsible bidder or offeror. The written protest shall include the basis for the protest and the relief sought. Longwood University Director of Materiel Management shall issue a decision in writing within ten (10) days stating the reasons for the action taken. This decision shall be final. |
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