North Dakota Century Code Title 54. State Government § 54-44.4-12. Resolution of protested solicitations and awards

1. An interested party may protest the award of a contract, the notice of intent to award a contract, or a solicitation for commodities or services by the office of management and budget or purchasing agency under this chapter. The protest must be submitted in writing or electronic mail communication to the procurement officer responsible for the contract or solicitation within seven calendar days after the protestor knows or should have known of the facts giving rise to the protest.

2. If a contract has been awarded, the procurement officer immediately shall give notice of a protest to the contractor. In the case of pending award, a stay of award may be requested. A stay must be granted unless a written determination is made that the award of the contract without delay is necessary to protect the interests of the state.

3. If the protest is resolved by mutual agreement, the procurement officer shall send written notice to the protestor confirming the mutually agreed upon resolution. If the protest is not resolved by mutual agreement, the procurement officer shall, within seven calendar days, send to the protestor a written decision containing the basis for the decision and inform the protestor of the protestor's right to appeal under subsection 5 of this section. The procurement officer may extend the protest review period by no more than seven calendar days and shall send written notice to the protestor of the extension.

4. The procurement officer shall promptly provide the office of management and budget with a copy of the protest and the procurement officer's decision.

5. The protestor may file an appeal of the decision rendered by the procurement officer in writing within seven calendar days after the protestor receives the decision rendered by the procurement officer. The appeal must include a copy of the decision being appealed and the basis for the appeal. An appeal of a decision rendered by a procurement officer of a state agency or an institution that is not under the jurisdiction of the state board of higher education, must be filed with the office of management and budget. An appeal of a decision rendered by a procurement officer of an institution under the jurisdiction of the state board of higher education must be filed in accordance with policy established under subsection 5 of section 15-10-17. Within seven calendar days the deciding authority shall send written notice of the appeal decision to the protestor. The deciding authority may extend the appeal review period by no more than seven calendar days. Notice of any extension shall be provided in writing to the protestor.

6. Written notices required in this section may be accomplished by certified mail, commercial delivery service with delivery confirmation, or by a delivery confirmation to the electronic mail address used by the protestor to submit the protest.