Section 25IAC9-5-3. Review process for noncompliance

   (a) Upon the notification of the determination of noncompliance, the prime or subcontractor may submit a written letter of protest on the grounds that such findings are:

(1) arbitrary, capricious, or an abuse of discretion;

(2) conducted contrary to a constitutional, statutory, or regulatory provision;

(3) made without observance of a procedure required by law;

(4) in error or based on mistake; or

(5) not objectively formulated, may have been collusive, or may have been submitted in bad faith.

  (b) The burden of challenging the findings of the department under section 2 of this rule remains with the petitioner.

  (c) The letter of protest must be received by the department not more than ten (10) business days (as defined by the state work calendar) from the notification of findings.

  (d) Letters of protest must state, with specificity, all grounds for relief. Protest letters that do not allege a ground for relief as described in subsection (a) may be rejected by written notification from the department. All letters of protest must be submitted to the IVBE protest coordinator via electronic mail or to:

Indiana Department of Administration

Procurement Division

Indiana Government Center South

402 West Washington Street, Room W478

Indianapolis, IN 46204

The department will respond in writing to a letter of protest in a timely manner.

  (e) Within five (5) days of receiving the department's written response to a letter of protest, the petitioner may submit a request for appeal to the commissioner's designee. The request for appeal must be in writing and may not state grounds for relief that were not raised in the original letter of protest. (Indiana Department of Administration; 25 IAC 9-5-3; filed Feb 28, 2014, 8:05 a.m.: 20140326-IR-025130402FRA)

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