Office of General Services

New York State Office of General Services - The Empire State Builder Newsletter

Design & Construction

Vendor Protest Policy & Procedures

I. Policy:   It is the policy of the Office of General Services’ (OGS) Design & Construction (D&C) to provide vendors with an opportunity to administratively resolve “Bid Protests” or inquiries related to D&C bid solicitations or contract awards.  Bidders are encouraged to seek resolution of disputes through consultation with D&C designated contacts.  All such matters will be accorded full, impartial and timely consideration.
  Interested parties may also file a formal written dispute according to the following procedures.
II. Formal Protests:
  A. Definitions
 
  1. “Filed” means the complete receipt of any document by D&C before its close of business.
  2. “Interested Party” for the purpose of filing a dispute relating to a solicitation, as used in this section, means an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.
  3. “Interested Party” for the purpose of filing a dispute relating to a contract award, as used in this section, means an actual bidder or offeror for the subject contract.
  4. “Issuance of Award” means the Date of Issue identified on the Contract Award Notification transmitted by D&C.
  5. “Dispute” means a written objection by an interested party to any of the following:
    1. A solicitation or other request by D&C for offers for a contract for the procurement of commodities or consultant services and all construction services.
    2. The cancellation of the solicitation or other request by D&C.
    3. An award or proposed award of the contract by D&C.
    4. A termination or cancellation of an award of the contract by D&C.
  B. Submission of Protests
 
  1. A formal dispute by an interested party as defined in II.A.2 or 3 must be filed in writing to D&C by certified mail or facsimile.
  2. The dispute must include:
    1. Name, address, e-mail address, fax and telephone numbers of the filer.
    2. Solicitation or contract number.
    3. Detailed statement of the legal and factual grounds for the dispute, including a description of resulting prejudice to the filer.
    4. Copies of relevant documents.
    5. Request for a ruling by the agency.
    6. Statement as to the form of relief requested.
    7. All information establishing that the filer is an interested party for the purpose of filing a dispute.
    8. All information establishing the timeliness of the dispute.
  3. Disputes should be filed with the Contracting Officer at the following address:
  4. New York State Office of General Services
    Contracting Officer, Design & Construction Group

    35th Floor, Corning Tower
    Empire State Plaza
    Albany, NY  12242
    Facsimile:  (518) 486-1650

  5. Disputes concerning a solicitation shall be filed by an Interested Party (see II.A.2) with D&C no later than ten (10) business days before the date set in the solicitation for receipt of bids.  If the date set in the solicitation for receipt of bids is less than ten (10) business days from the date of issue, formal disputes concerning the solicitation document shall be filed with D&C at least twenty-four (24) hours before the time designated for receipt of bids.
  6. Disputes concerning a pending or awarded contract must be filed within ten (10) business days by an Interested Party (see II.A.3) after the disputing party knows or should have known of the facts which form the basis of the dispute; however, a dispute may not be filed later than ten (10) days after Issuance of the Award.
  7. D&C may consider the merits of any dispute.
  C. Agency Response
 
  1. The Contracting Officer will consider all information relevant to the dispute, and may, at its discretion, suspend, modify, or cancel the disputed procurement action prior to issuance of a formal dispute decision.
  2. The Office of  General Services reserves the right to waive or extend the time requirements for decisions and final determination on appeals herein prescribed when, in its sole judgment, circumstances so warrant.
  3. Notice of Decision:  A copy of the decision, stating the reason(s) upon which it is based and informing the filer of the right to appeal an unfavorable decision to the Deputy Commissioner shall be sent to the filer or its agent by certified mail with thirty (30) business days of receipt of the dispute.
  D. Appeals
 
  1. Should the filer be dissatisfied with the dispute determination, a written appeal may be directed to:
  2. Executive Director
    New York State Office of General Services
    Design & Construction Group
    35th Floor, Corning Tower
    Empire State Plaza
    Albany, NY  12242

  3. Written notice of appeal of a determination regarding a dispute of the agency’s bid solicitations, a pending contract award and/or contract award must be received at the above address no more than ten (10) business days after the date the decision is received by the filer.  The decision of the Contracting Officer shall be a final and conclusive agency determination unless appealed to the Deputy Commissioner within such time period.
  4. The Deputy Commissioner shall hear and make a final determination on all appeals or may designate a person or persons to act on his/her behalf.  The final determination on the appeal shall be issued within twenty (20) business days of receipt of the appeal.
  5. An appeal of the decision of the Contracting Officer shall not include new facts and information unless requested in writing by the Deputy Commissioner.
  E. Legal Appeals
  Nothing contained in these provisions is intended to limit or impair the rights of any vendor or contractor to seek and pursue remedies of law through the judicial process.