WHAT CAN AN AGENCY DO TO REMAIN OPERATIONAL WHEN A PROCUREMENT IS HELD UP BY A BID PROTEST?
If a timely protest has been filed (consult with agency legal counsel), the Agency cannot proceed further with the solicitation of bids or the award of the contract and must suspend performance under any awarded contract unless the Agency makes a written determination that either: a) The protest is clearly without merit or b) Award of the contract without delay is necessary to protect the substantial interests of the Commonwealth. In addition, all protest decisions must be made within 60 days in order to not delay the procurement. Subsequently, if the current contract expires, and the urgency of need is great, an Emergency Procurement Request should be requested to maintain required services.
