Protests are to be filed with the Chief Procurement Officer, Maricopa Community College District, within 10 days of award. Failure to timely protest shall be deemed a waiver of all rights to protest.

If a protest is filed before the award of a contract, no award shall be made until the protest has been administratively resolved, unless the Chief Procurement Officer makes a written determination that the award of the contract without delay is necessary to protect substantial interests of the community college district.

A written decision will be made within 10 days after the protest has been filed. The decision shall contain an explanation of the basis of the decision. The Chief Procurement Officer shall furnish a copy of the decision to the protester by certified mail, return receipt requested, or by any other method that provides evidence of receipt.

The time limit for a decision may be extended by the Chief Procurement Officer for a reasonable time not to exceed thirty days. The Chief Procurement Officer shall notify the protester in writing that the time for the issuance of a decision has been extended and the date by which a decision will be issued.

If the Chief Procurement Officer sustains the protest in whole or in part and determines that a solicitation, proposed contract award, or contract award does not comply with District Policies or procedures, the Chief Procurement Officer shall implement an appropriate remedy.

In determining an appropriate remedy, the Chief Procurement Officer shall consider all the circumstances surrounding the procurement or the proposed procurement, including, but not limited to, the seriousness of the procurement deficiency, the degree of prejudice to other interested parties or to the integrity of the procurement system, the good faith of the parties, the extent of performance, cost to the government, the urgency of the procurement, and the impact of relief on the district's mission.

An appropriate remedy may include one or more of the following:

Decline to exercise an option to renew under the contract; terminate the contract; reissue the solicitation; issue a new solicitation; award a contract consistent with this District Policy and procedures; reject all bids or proposals without further actions; or such other relief as determined necessary to ensure compliance with this District Policy or procedures.

Appeals are to be filed with the Chief Procurement Officer within 5 days of the receipt of the decision. The notice of appeal shall contain:

The information from the original protest letter, a copy of the decision of the Chief Procurement Officer, and the basis for the appeal.

The procurement officer shall immediately give written notice of the pending appeal to the successful contractor if award has been made or, if no award has been made, to interested parties. Any party so notified shall, upon request, be furnished with a copy of the notice of appeal filed in the matter.

The Chief Procurement Officer shall notify the Governing Board or its designee of the appeal. Any hearing or appeal shall be conducted by the Governing Board or its designee as hearing officer. A written decision will be made within 14 days after the appeal has been filed.

The time limit for a decision may be extended by the hearing officer for a reasonable time not to exceed thirty days. The hearing officer shall notify the protester in writing that the time for the issuance of a decision has been extended and the date by which a decision will be issued.

901.4.1 Stay of Procurement During Appeal
If an appeal is filed before an award of contract and the award of the contract was stayed by the procurement officer, the filing of an appeal shall automatically continue the stay unless the hearing officer conducting the appeal makes a written determination that the award of the contract without delay is necessary to protect the substantial interest of the District.

901.4.2 Dismissal Before Hearing
The hearing officer conducting the appeal shall dismiss, upon a written determination, an appeal before scheduling of hearing if the appeal does not state a valid basis for protest; or the appeal is untimely.

If the hearing officer sustains the protest in whole or in part and determines that a solicitation, proposed contract award, or contract award does not comply with District policies or procedures, the hearing officer shall implement an appropriate remedy. Remedies shall follow those outlined in the previous section on remedies.