Mo. Code Regs. tit. 9 § 25-2.505
Current through Register Vol. 49, No. 24, December 16, 2024
Section 9 CSR 25-2.505 - Protest and Appeal ProceduresPURPOSE: This amendment removes request for proposal (RFP) terminology and replaces it with Invitation for Bid (IFB) and updates the protest and appeal procedures.
PURPOSE: This rule prescribes procedures for bidders to protest a department decision regarding the award of contract(s), as a result of a competitive Invitation for Bid process.
(1) A bid award protest must be submitted in writing to the division director, or their designee, for which the services are to be purchased (directors of the Division of Developmental Disabilities or Division of Behavioral Health). Award protests must be received by the department within ten (10) business days after the date of award. If the tenth day falls on a Saturday, Sunday, or state holiday, the period shall extend to the next state business day. A protest submitted after the ten- (10-) business day period will not be considered. (A) The written protest must include the following information:1. Name, address, and phone number of the protester;2. Signature of the protester or the protester's representative;4. Detailed statement describing the grounds for the protest; and5. Supporting exhibits, evidence, or documents to substantiate claim.(B) A protest which does not contain the information specified in this rule may be denied solely on that basis.(C) All protests filed in a timely manner will be reviewed by the division director or designee. The division director or designee will only issue a determination on the issues asserted in the protest.(D) A protest that is untimely or fails to establish standing to protest will be summarily denied. In other cases, the determination will contain findings of fact, an analysis of the protest, and a conclusion that the protest will either be sustained or denied. If the protest is sustained, remedies include canceling the award. If the protest is denied, no further action will be taken by the department. AUTHORITY: sections 34.100 and 630.050, RSMo 2000 and 630.405, RSMo Supp. 2001.* Original rule filed Oct. 16, 1986, effective July 13, 1987. Emergency amendment filed May 15, 1990, effective May 25, 1990, expired Sept. 21, 1990. Amended: Filed Aug. 14, 1990, effective March 14, 1991. Amended: Filed Dec. 12, 2001, effective June 30, 2002. Amended by Missouri Register August 15, 2018/Volume 43, Number 16, effective 10/1/2018*Original authority: 34.100, RSMo 1945, amended 1983, 1995; 630.050, RSMo 1980, amended 1993, 1995; and 630.405, RSMo 1980, amended 1993, 1995, 2001.