TITLE 44: GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT RULES
CHAPTER IX: DEPARTMENT OF TRANSPORTATION
PART 650 PREQUALIFICATION OF CONTRACTORS, AUTHORIZATION TO BID, AND SUBCONTRACTOR REGISTRATION
SECTION 650.150 RECONSIDERATION AND APPEAL
Section 650.150 Reconsideration and Appeal
a) If an applicant is denied ratings, a contractor has its ratings revoked, a contractor has its ratings revised, or an applicant is issued incorrect ratings on a Certificate of Eligibility, the applicant or contractor may request reconsideration by notifying the Prequalification Section by filing a written Request for Reconsideration within thirty days of the issue date on the face of the Certificate or of the date on the notification of denial or revocation.
b) A Request for Reconsideration shall clearly state the basis of the request and be supported by information of the type required by this Part which would indicate that the ratings should be amended or that the action of the Prequalification Section should be modified or reversed.
c) The Engineer of Construction will review the Request for Reconsideration and the applicant or contractor shall provide any additional requested information for purposes of the review. The review will be completed within 14 days after receipt unless the Engineer extends the time for review in order to provide for a full and complete review. Upon completion of the review, the Engineer of Construction shall notify the applicant of the results and provide the applicant or contractor with an amended Certificate of Eligibility or written confirmation of the previous determination or action including an explanation of the reasons for the confirmation.
d) If the applicant or contractor remains unsatisfied with the results of the Engineer of Construction review, the applicant or contractor may file a written appeal to the Director within fourteen days of the date of the Engineer of Construction final action.
e) The appeal shall state with specificity the basis of the appeal and the reasons why the decision of the Engineer of Construction is incorrect. No new issues may be raised. The appeal shall further state whether the applicant or contractor requests an opportunity to make a verbal presentation to the Director.
f) The Director will review all information submitted with the appeal and will consider the verbal presentation of the applicant or contractor. The appeals will be completed within 14 days after receipt unless the Director extends the time in order to provide for a full and complete review. The Director will notify the applicant or contractor of his decision in writing and shall include an explanation of the reasons for the decision. The decision of the Director shall be final.