Section 12-8-600.2 - PROTESTS(1)Initial Complaint: Complainants who are aggrieved in connection with the solicitation or award of a Lease Contract should first seek resolution of their complaints with the procurement officer or the agency or department that issued the solicitation. Such informal complaints may be made verbally or in writing. (2)Authority to Resolve Protests: The RPM Division Director, the head of the purchasing agency, or a designee of either officer shall have the authority to settle and resolve a protest of an aggrieved offeror, actual or prospective, concerning the solicitation or award of a Lease Contract. (3)Filing of Formal Protest: Any actual or prospective offeror who is aggrieved in connection with the solicitation or award of a Lease Contract may protest to the head of the purchasing agency and copy the RPM Division Director. The protest shall be submitted in writing within seven (7) days after such aggrieved person knows or should have known of the facts giving rise thereto. A protest is considered filed when received by the RPM Division Director or the head of the purchasing agency. Protests filed after this period shall not be considered. (4)Subject of Protest: Protestors may file a protest on any phase of solicitation or award including, but not limited to, specification preparation, RLP solicitation, award, or disclosure of information marked confidential in the offer. (5)Form: To expedite the handling of protests, the envelope should be labeled "Protest". The written protest shall include as a minimum the following: a. The name, address and contact information of the protestor; b. Appropriate reference of the procurement which is subject of protest and status of award; c. A statement explaining reasons for the protest; and, d. Supporting exhibits, evidence, or documents to substantiate any claims unless not available within the filing time in which case the expected availability date shall be indicated. (6)Notification of the Attorney General: The RPM Division Director shall submit a copy of the protest to the Attorney General within three days of receipt of the written protest. (7)Additional Information: Any additional information requested by any of the parties should be submitted within the time period established by the requesting source in order to expedite consideration of the protest. Failure of any party to comply expeditiously with a request for information by the RPM Division Director or the head of the purchasing agency may result in resolution of the protest without consideration of any information which is untimely filed pursuant to such request. (8)Stay of Procurement During Protests: When a protest has been filed within seven (7) days and before an award has been made, the RPM Division Director or head of the purchasing agency shall proceed with no award of the Lease Contract until the protest has been settled unless the RPM Division Director, after consultation with the head of the purchasing agency, makes a written determination that the award of the Lease Contract without delay is necessary to protect substantial interests of the State. (9)Making Information on Protests Available: The RPM Division Director or the head of the purchasing agency shall upon written request make available to any interested party information submitted that bears on the substance of the protest except where information is proprietary, confidential, or otherwise permitted or required to be withheld by law or regulation. Persons who wish to keep such information submitted by them confidential should so request by specifically identifying such information within documents submitted, and indicating on the front page of each document that it contains such information. The availability of such information shall be in compliance with 100.9 Public Access to Procurement Information. (10)Decision: If the protest is not resolved by mutual agreement, the RPM Division Director, the head of the purchasing agency, or a designee of either officer shall promptly issue a decision in writing after receiving all relevant, requested information. The decision shall: a. State the reasons for the action taken; and, b. Inform the protestant of its right to administrative review as provided in this section. (11)Notice of Decision: A copy of the decision shall be mailed or otherwise furnished immediately to the protestant and any other party intervening. (12)Request for Reconsideration: Reconsideration of a decision of the RPM Division Director or the head of the purchasing agency may be requested by the protestor, any interested party who submitted comments during consideration of the protest, or any agency involved in the protest. The request for reconsideration shall contain a detailed statement of the factual and legal grounds upon which reversal or modification is deemed warranted, specifying any errors of law made or information not previously considered. Request for reconsideration of a decision of the RPM Director or the head of the purchasing agency shall be filed not later than seven (7) days after receipt of such decision. Such request shall be acted upon as expeditiously as possible. The Chief Procurement Officer or the head of a purchasing agency may uphold the previous decision or reopen the case as such officer deems appropriate. (13)Finality of Decision: A decision under section shall be final and conclusive, unless fraudulent, or any person adversely affected by the decision appeals administratively to the PPRB in accordance with Section 600.3Administrative Proceedings.(14)Effect of Judicial or Administrative Proceedings: The RPM Division Director or the head of the purchasing agency will refuse to decide any protest when a matter involved is the subject of a proceeding before the Public Procurement Review Board or has been decided on the merits by the Board. If an action concerning the protest has commenced in court, the RPM Division Director or the head of the purchasing agency shall not act on the protest but refer the protest to the Attorney General. This section shall not apply where the Board or a court requests, expects, or otherwise expresses interest in the decision of the RPM Division Director or the head of the purchasing agency.12 Miss. Code. R. 8-600.2