Kansas Department of Administration, Division of Facilities Management
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Design, Construction & Compliance


Contractor Pre-qualification Information - Protest Policy

Protest Policy for Contractor Evaluations and Pre-Qualification

  1. Within 30 days after the receipt of an evaluation or letter of determination the contractor may request to a meeting to discuss his evaluation(s) and/or overall pre-qualification status.  This notice must be sent in writing to Office of Facilities & Property Management (OFPM) and must include the specific items to be discussed (i.e. specific evaluations identified or the overall status of the contractor’s ability to bid).
  2. OFPM reviews information available and within 30 days of his receipt of the request, holds a meeting with contractor, if he deems it necessary.
  3. If not satisfied with outcome of meeting with the manager, the contractor has 30 days to request, in writing, a hearing with Director of OFPM.
  4. The Director of OFPM or his designee sets a hearing date for the review. The hearing must be held within 30 days after the receipt of the request.
  5. The case will be heard by a three person committee.  The committee shall consist of the Director of OFPM or his designee, the Deputy Director of Procuerment and Contracts or his designee and a licensed architect or engineer as appointed by the Director of OFPM.
  6. The contractor may bring up to two witnesses to provide information on his behalf.
  7. The committee is allowed to call up to two witnesses to provide additional information.
  8. The witnesses will be allowed to give a statement with follow-up questions by the committee.
  9. Practicing attorneys will be allowed to attend to lend advise the contractor or the witnesses, however if the attorney addresses the committee, he will be considered one of the allowed witnesses.
  10. The hearing will proceed with the contractor presenting his case followed by his witnesses. Each witness will be questions after their statement only by the committee. The witnesses called by the committee will follow in a similar process.  The committee members are the only parties who can question the witnesses.
  11. The decision will be rendered in writing by this committee within 14 calendar days and will be the final Department of Administration action.