PROTEST, REQUEST FOR STAY OF AWARD, AND CLAIM FOR COSTS
Before the [ALASKA DEPARTMENT OF ADMINISTRATION / DIVISION OF GENERAL SERVICES / PROCUREMENT OFFICER]
In the Matter of: [PROTESTER LEGAL NAME]
Solicitation/Contract No.: [SOLICITATION OR CONTRACT NUMBER]
Agency: [CONTRACTING AGENCY FULL NAME]
Protest No.: [DOCKET NUMBER (IF APPLICABLE)]
[// GUIDANCE: This template is drafted for use in filing a post-award or pre-award bid protest under the Alaska Procurement Code (AS 36.30) and Alaska Administrative Code (2 AAC 12). Customize bracketed placeholders and confirm all cited procurement rules against the most current versions before filing.]
TABLE OF CONTENTS
- Document Header
- Recitals
- Definitions
- Jurisdiction and Standing
- Operative Provisions
- Representations & Certifications
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Certificate of Service
- Exhibit Index
1. DOCUMENT HEADER
This Protest is submitted by [PROTESTER LEGAL NAME] ("Protester"), against [CONTRACTING AGENCY FULL NAME] (the "Agency") concerning Solicitation/Contract No. [SOLICITATION OR CONTRACT NUMBER] (the "Solicitation"). This Protest is governed by the Alaska Procurement Code, AS 36.30, and 2 AAC 12 (collectively, the "Applicable Law").
2. RECITALS
A. WHEREAS, the Agency issued the Solicitation on [DATE] for [BRIEF DESCRIPTION OF PROCUREMENT];
B. WHEREAS, Protester timely submitted a proposal on [DATE];
C. WHEREAS, on [DATE OF AGENCY ACTION], the Agency [announced its intent to award/awarded] the contract to [AWARDEE NAME] (the "Awardee");
D. WHEREAS, Protester believes the Agency's conduct is inconsistent with the Applicable Law;
E. WHEREAS, Protester files this Protest within the time required by 2 AAC 12.565;
F. NOW, THEREFORE, Protester files this Protest and requests the relief set forth herein.
3. DEFINITIONS
"Awardee" means [AWARDEE NAME], the offeror selected for award.
"Competitive Prejudice" means that, but for the Agency's error, Protester would have had a substantial chance of receiving the award.
"Corrective Action" means measures taken by the Agency to remedy procurement errors.
"Protest Grounds" has the meaning set forth in Section 5.2.
4. JURISDICTION AND STANDING
4.1 Jurisdiction. This Protest is properly before the procurement officer under AS 36.30.560 and 2 AAC 12.565.
4.2 Standing. Protester is an actual or prospective bidder whose direct economic interest is affected.
4.3 Timeliness. This Protest is filed within 10 days after notice of intent to award per 2 AAC 12.565(b).
5. OPERATIVE PROVISIONS
5.1 Statement of Relevant Facts
[PLACEHOLDER - Provide a concise chronological narrative of the procurement.]
5.2 Grounds of Protest
Protester asserts the following grounds:
- ☐ Evaluation Errors: Deviation from stated evaluation criteria
- ☐ Unequal Discussions: Disparate treatment of offerors
- ☐ Best-Value Tradeoff Flaws: Irrational best-value determination
- ☐ Organizational Conflict of Interest
- ☐ [ADDITIONAL GROUNDS AS APPLICABLE]
5.3 Requested Remedies
Protester requests:
1. Sustain the Protest;
2. Recommend Corrective Action;
3. Stay further contract performance per AS 36.30.570;
4. Award reasonable costs; and
5. Provide other appropriate relief.
6. REPRESENTATIONS & CERTIFICATIONS
6.1 Accuracy. Protester certifies statements herein are true and correct.
6.2 No Pending Litigation. No other action concerning this matter is pending.
7-11. [STANDARD PROVISIONS]
[Standard covenants, default provisions, risk allocation, dispute resolution, and general provisions apply per Alaska law.]
12. EXECUTION BLOCK
| PROTESTER: | [PROTESTER LEGAL NAME] |
| By: | _______________________________ |
| Name: | [AUTHORIZED REPRESENTATIVE] |
| Title: | [TITLE] |
| Date: | [DATE] |
13. CERTIFICATE OF SERVICE
I certify that on [DATE], a copy of this Protest was served on the parties via [METHOD].
14. EXHIBIT INDEX
- Exhibit A: Solicitation/Amendments
- Exhibit B: Protester's Proposal (Redacted)
- Exhibit C: Agency Materials
- Exhibit D: Supporting Declaration(s)
[// GUIDANCE: Under AS 36.30.575, appeals from procurement officer decisions go to the commissioner. Further appeal lies to Superior Court under AS 36.30.685.]