AN ACT ENACTING PROTEST PROCEDURES FOR THE AWARD OF STATE INFORMATION TECHNOLOGY CONTRACTS.
Enacts new GS 143B-1363, providing as follows. Sets out separate procedures and requirements that apply when an offeror protests (1) an information technology contract that is awarded by an agency if the contract value is $25,000 or more; (2) an information technology contract awarded by the State CIO if the contract value is $25,000 or more; and (3) a statewide term or convenience contract, or master agreement, established by the State CIO. Sets out the process for when a party wants additional administrative review after the protest meeting and decision under any of these processes. Makes the State CIO's failure to adhere to the time line and notice requirements for a protest render null and void the State CIO's objections or decision related to that protest. Makes the agency a party in the further review processes when the further administrative review involves a contract awarded by an agency that is $25,000 or more in value. Requires the agency to establish procedures to address protests by offerors where the award value is less than $25,000. Makes an agency decision final and subject to review under Article 3A of GS Chapter 150B. Allows imposing sanctions when a protest is determined to be frivolous or to have been filed without any substantial basis or reasonable expectation to believe that the protest was meritorious.
Amends GS 150B-38 to provide that the provisions of GS 143B-1363(e) (specifying that the State CIO's failure to adhere to the time line and notice requirements for a protest render null and void the State CIO's objections or decision related to that protest) apply if the State CIO does not adhere to the time line and notice requirements of Article 3A, Other Administrative Hearings.
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