Design, Construction & Compliance

Contractor Pre-Qualification - Protest Policy

Protest Policy for Contractor Evaluations and Pre-Qualification  

  1. Within 30 days after the receipt of an evaluation or letter of determination, the contractor may request a meeting to discuss his evaluation(s) and/or overall pre-qualification status. This notice must be sent in writing to the Office of Facilities & Property Management (OFPM) and must include the specific items to be discussed (i.e. specific evaluations identified or the overall status of the contractor’s ability to bid).
  2. The Deputy Director of Design, Construction and Compliance will review the available information and within 30 days of his receipt of the request, will hold a meeting with the contractor, if it is deemed necessary.
  3. If not satisfied with the outcome of the meeting with the Deputy Director of Design, Construction and Compliance, the contractor has 30 days to request, in writing, a hearing with the Director of OFPM.
  4. The Director of OFPM or his designee sets a hearing date for the review. The hearing must be held within 30 days after the receipt of the request.
  5. The case will be heard by a three person committee. The committee shall consist of the Director of OFPM or his designee, the Deputy Director of Procurement and Contracts or his designee and a licensed architect or engineer as appointed by the Director of OFPM.
  6. The contractor may bring a maximum of two witnesses to provide information on his behalf.
  7. The committee is allowed to call a maximum of two witnesses to provide additional information.
  8. The witnesses will be allowed to give a statement with follow-up questions by the committee.
  9. Practicing attorneys will be allowed to attend to advise the contractor or the witnesses, however, if the attorney addresses the committee, he will be considered one of the allowed witnesses.
  10. The hearing will proceed with the contractor presenting his case followed by his witnesses. Each witness will be questioned after their statement. The witnesses called by the committee will follow in a similar process. The committee members are the only parties who can question the witnesses.
  11. The decision will be rendered in writing by this committee within 14 calendar days and will be the final Department of Administration action.