A bidder or offeror, a prospective bidder or offeror, or a prospective contractor that is aggrieved in connection with the solicitation or award of a contract under the Commonwealth Procurement Code, except as provided in 62 Pa.C.S.A. § 521 (relating to cancellation of invitations for bids or requests for proposals) may file a protest with the Office of the Chancellor, State System of Higher Education, 2986 North Second Street, Harrisburg, PA 17110.
A copy of any protest must also be simultaneously mailed to the Office of the President, Indiana University of Pennsylvania, 1011 South Drive, 201 Sutton Hall, Indiana, PA 15705.
If the protestant is a bidder or offeror or a prospective contractor, the protest must be filed with the Office of the Chancellor at the aforementioned address within seven (7) days after the aggrieved bidder or offeror or prospective contractor knew or should have known of the facts giving rise to the protest. In no event may a protest be filed later than seven (7) days after the date the contract was awarded.
If the protestant is a prospective bidder or offeror, a protest must be filed with the Office of the Chancellor at the aforementioned address prior to the bid opening time or the proposal receipt date.
If a bidder or offeror, a prospective bidder or offeror, or a prospective contractor fails to file a protest, or files an untimely protest, the bidder or offeror, the prospective bidder or offeror, or the prospective contractor will have waived its right to protest the solicitation or award of the contract in any forum. The State System of Higher Education shall disregard protests that are untimely filed.
A protest must state all grounds upon which the protestant asserts the solicitation or award of the contract was improper. The protestant may submit with the protest any documents or information it deems relevant to the protest.
Upon receipt of the protest, the Office of the Chancellor will render a decision in accordance with the procedures outlined within the Commonwealth Procurement Code, 62 Pa.C.S.A. §1711.1 et seq.
If the protest is denied, a protestant may file an appeal with Commonwealth Court within fifteen days of the mailing date of a final determination denying a protest. Issues not raised by the protestant before the State System of Higher Education are deemed waived and may not be raised before the court.
In the event a protest is filed timely, and until the time has elapsed for the protestant to file an appeal with Commonwealth Court, the university shall not proceed further with the solicitation or with the award of the contract, unless and until the university, after consultation with the Office of the Chancellor, makes a written determination that the protest is clearly without merit, or that the award of the contract without delay is necessary to protect substantial interests of the commonwealth.
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