The Board directs that businesses and individuals be encouraged to participate in the bidding process of the District and, toward that end, be provided an equitable procedure under which they may file bid protests. Any actual or prospective bidder, offeror, or contractor who believes that she/he is aggrieved in connection with the solicitation or award of a contract may protest to the Superintendent. The protest shall be submitted in writing within seven (7) calendar days after such aggrieved person knows or should have known of the facts giving rise to the protest. The Superintendent shall have authority, prior to the commencement of an action in court or any other action provided by law concerning the controversy, to settle and resolve a protest of an aggrieved bidder, offeror, or contractor, actual or prospective, concerning the solicitation or award of a contract. Reasonable notice shall be provided to all persons involved and reasonable opportunity for those persons to respond to the protest issues shall be allowed. If the protest is not resolved by mutual agreement, the Superintendent shall promptly issue a decision in writing. The decision shall state the reasons for the action taken. A copy of the decision shall be mailed or otherwise furnished within five (5) days after it is written to the protestant and any other interested party. A decision rendered under this policy shall be final and conclusive. In the event of a timely protest under this policy, the District shall not proceed further with the solicitation or with the award of the contract until the Superintendent makes a written determination that the award of the contract without delay is necessary to protect substantial interests of the District. When the protest is sustained and the successfully protesting bidder or offeror was denied the contract award, the protesting bidder or offeror may be entitled to the reasonable costs incurred in connection with the solicitation, including bid preparation costs, upon approval of the Board of Education. The award of costs shall be allowed only to compensate a party for reasonable expenses incurred in connection with a solicitation for which that party was wrongfully denied a contract award. The costs which are allowable shall be those which the party is able to prove that are connected with the solicitation in question. No party can recover profit which it anticipates would have been made if that party had been awarded the contract. Attorney's fees associated with the filing and prosecution of the protest are not recoverable.
Legal References: School Laws of Arkansas 6-21-304 (a)
Manual Adoption: 02/8/00