PROTEST, REQUEST FOR STAY OF AWARD, AND CLAIM FOR COSTS

Before the [ALABAMA DEPARTMENT OF FINANCE / DIVISION OF PURCHASING / AGENCY HEARING OFFICE]

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 Alabama Competitive Bid Law (Ala. Code Section 41-16-1 et seq.) and State Procurement Regulations. Customize bracketed placeholders and confirm all cited procurement rules and protest procedures against the most current versions before filing.]

TABLE OF CONTENTS

1. Document Header
2. Recitals
3. Definitions
4. Jurisdiction and Standing
5. Operative Provisions
6. Representations & Certifications
7. Covenants & Restrictions
8. Default & Remedies
9. Risk Allocation
10. Dispute Resolution
11. General Provisions
12. Execution Block
13. Certificate of Service
14. Exhibit Index

1. DOCUMENT HEADER

This Protest, Request for Stay of Award, and Claim for Costs (the "Protest") is submitted by [PROTESTER LEGAL NAME], a [STATE OF INCORPORATION/FORMATION] [corporation/LLC/other] ("Protester"), against [CONTRACTING AGENCY FULL NAME] (the "Agency") concerning Solicitation/Contract No. [SOLICITATION OR CONTRACT NUMBER] (the "Solicitation"). The effective date of this Protest is [DATE] (the "Effective Date"). This Protest is governed by the Alabama Competitive Bid Law, Ala. Code Section 41-16-1 et seq., and applicable agency procurement regulations (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 and has materially prejudiced Protester;
E. WHEREAS, Protester files this Protest within the time required by the applicable protest rules;
F. NOW, THEREFORE, Protester files this Protest and respectfully requests the relief set forth herein.

3. DEFINITIONS

For purposes of this Protest:

"Agency Report" means the contracting agency's report required by the applicable protest procedures, if any.
"Awardee" means [AWARDEE NAME], the offeror selected for award under the Solicitation.
"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 the procurement errors identified herein.
"Protest Grounds" has the meaning set forth in Section 5.2.

4. JURISDICTION AND STANDING

4.1 Jurisdiction. This Protest is properly before the Alabama Division of Purchasing (or designated protest authority) under Ala. Code Section 41-16-1 et seq. and applicable administrative rules.
4.2 Standing. Protester is an actual or prospective bidder whose direct economic interest is affected by the Agency's actions.
4.3 Timeliness. This Protest is filed within the period required by the Applicable Law.

5. OPERATIVE PROVISIONS

5.1 Statement of Relevant Facts

[PLACEHOLDER - Provide a concise chronological narrative of the procurement, including solicitation issuance, proposal submission, evaluation, notices, debriefing, and any exchanges.]

5.2 Grounds of Protest

Protester asserts the following grounds (collectively, the "Protest Grounds"):
- ☐ Evaluation Errors: The Agency's technical and/or price evaluation deviated from the stated evaluation criteria
- ☐ Unequal Discussions: The Agency engaged in discussions with Awardee but not Protester
- ☐ Best-Value Tradeoff Flaws: The Agency failed to perform a rational best-value determination
- ☐ Organizational Conflict of Interest: The Agency improperly disregarded significant conflicts
- ☐ [ADDITIONAL GROUNDS AS APPLICABLE]

5.3 Requested Remedies

Protester respectfully requests:
1. Sustain the Protest;
2. Recommend that the Agency undertake Corrective Action;
3. Stay further contract performance pending the outcome;
4. Award reasonable attorneys' fees and costs; and
5. Provide other appropriate relief.

6. REPRESENTATIONS & CERTIFICATIONS

6.1 Accuracy. Protester certifies that the statements herein are true and correct.
6.2 Protective Order. Protester's counsel will comply with any protective order.
6.3 No Pending Litigation. No other action concerning this matter is pending.

7. COVENANTS & RESTRICTIONS

7.1 Duty of Candor. Protester shall promptly supplement the record if aware of any material misstatement.
7.2 Cooperation. Protester commits to comply with all scheduling orders and protocols.
7.3 Non-Solicitation. Protester shall not solicit Agency personnel outside the formal process.

8. DEFAULT & REMEDIES

8.1 Failure to Produce Agency Report. Protester will seek appropriate relief if the Agency fails to respond timely.
8.2 Breach of Protective Order. Any breach shall entitle Protester to seek sanctions.

9. RISK ALLOCATION

9.1 Costs Cap. Any award of protest costs is limited as authorized by law.
9.2 No Indemnification. Not applicable to this administrative proceeding.

10. DISPUTE RESOLUTION

10.1 Governing Law. This Protest is governed by Ala. Code Section 41-16-1 et seq.
10.2 Forum Selection. Initial jurisdiction lies with the designated protest authority. Judicial review available in Circuit Court.
10.3 Arbitration. Not available for bid protests absent statutory mandate.
10.4 Jury Waiver. This is an administrative proceeding; jury trial rights are inapplicable.

11. GENERAL PROVISIONS

11.1 Amendments. Protester reserves the right to amend this Protest as permitted.
11.2 Severability. Invalid provisions shall not affect the remainder.
11.3 Integration. This document constitutes the entire protest submission.

12. EXECUTION BLOCK

Counsel of Record:
[LAW FIRM NAME]
By: _______________________________
[ATTORNEY NAME], Esq.
Bar No.: [BAR NUMBER]
Address: [ADDRESS]
Telephone: [PHONE]
E-mail: [EMAIL]

13. CERTIFICATE OF SERVICE

I hereby certify that on [DATE], I caused a true and correct copy of this Protest to be served on the parties via [METHOD].

__________________________________
[ATTORNEY NAME], Esq.

14. EXHIBIT INDEX

• Exhibit A: Solicitation/Amendments
• Exhibit B: Protester's Proposal (Redacted)
• Exhibit C: Agency Debriefing Materials
• Exhibit D: Source Selection Decision Document (Redacted)
• Exhibit E: Supporting Declaration(s)