§ 1-08 Protest of Solicitations and Awards of Concessions.
RCNY § 1-08
(a)Protests. Any actual or prospective concessionaire may protest any determination regarding a concession, unless another appeal or protest provision is provided in these Rules. The protestor shall send a copy of its protest to the New York City Comptroller, for informational purposes, at the Office of the New York City Comptroller, Office of Contract Administration, 1 Centre Street, New York, New York 10007, (212) 669-2323.
(1)Time for protest. A protest shall be submitted in writing to the Agency Head within 10 days after the protesting party knows or should have known of the facts that prompted the protest but no later than10 days after the publication of the notice of award of a concession.
(2)Form and content of protest. The protest shall be in writing and shall briefly state all the facts or other basis upon which the agency decision is contested. Supporting documentation shall be included. If the protest is made by a potential bidder or proposer who has not submitted a bid or proposal, the protest shall be limited to a challenge of the notice procedures followed by the concession manager.
(3)Agency Head. The Agency Head shall consider the protest, and shall make a prompt written decision with respect to its merits. The Agency Head may in his/her exclusive discretion invite written comment from the selected concessionaire (if any) or other interested party, convene an informal conference with the protestor, the selected concessionaire, any other interested party and/or any appropriate agency personnel to resolve the issue by mutual consent prior to reaching a determination.
(4)Notification to protestor of Agency Head decision. Upon the making of a decision concerning the merits of the protest the Agency Head shall promptly notify the protestor in writing of that determination. The notification shall state the reasons upon which the determination is based.
(5)Finality of Agency Head decision. The Agency Head's decision concerning the merits of a protest pursuant to this section shall be final.
(6)Status of award. In any case in which a court proceeding is commenced, no solicitation or concession award shall be delayed except as determined by the Agency Head.
(7)Documentation. Documents reflecting the agency decision of a protest and evidence of having supplied written notification, as required by this section, shall be maintained in the concession file. Copies of these documents shall be sent to the Mayor's Office of Contract Services and to the Comptroller.
