What is the process for appealing a contract award decision?
In Washington, the process of appealing a contract award decision begins with filing a notice of protest in writing. The notice must include the facts and legal issues that are in dispute and should be sent to the awarding agency of the contract. The agency will then review the complaint to determine if the protest has merit. If the protest is accepted, the agency must then hold a hearing with a neutral arbitrator present. Both the party that filed the protest and the agency must have a chance to present evidence and argue their claims. After the hearing, the arbitrator will make a decision. This decision can either be for the protester or the agency. In either case, the decision can be appealed through an administrative appeal per Washington state law. This appeal is a legal process that reviews the facts and legal issues of the case, as well as the arbitrator’s decision. This review is conducted by a higher level panel of arbitrators. The panel can decide to sustain the decision of the lower arbitrator, or issue a new decision based on the merits of the case. Once the administrative appeals process has been exhausted, the decision can be taken to the court system for a review. This is the final step in appealing a contract award decision and allows the protester to seek judicial review of the decision. If successful, the court can either reverse the decision or order the awarding agency to reconsider the contract award.
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