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

Before the [ARKANSAS DEPARTMENT OF TRANSFORMATION AND SHARED SERVICES / OFFICE OF STATE PROCUREMENT / AGENCY]

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 Arkansas Procurement Law (Ark. Code Ann. Section 19-11-201 et seq.) and applicable regulations. Customize bracketed placeholders and confirm all cited procurement rules 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 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 Arkansas Procurement Law, Ark. Code Ann. Section 19-11-201 et seq., and applicable 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;
E. WHEREAS, Protester files this Protest within the time required by Ark. Code Ann. Section 19-11-244;
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 Office of State Procurement or designated protest authority under Ark. Code Ann. Section 19-11-244.
4.2 Standing. Protester is an actual or prospective bidder whose direct economic interest is affected.
4.3 Timeliness. This Protest is filed within the time period required by Ark. Code Ann. Section 19-11-244 (within 14 calendar days after the aggrieved person knows or should have known of the facts giving rise to the protest).

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 Ark. Code Ann. Section 19-11-244;
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 Arkansas law.]

12. EXECUTION BLOCK

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)

ARKANSAS-SPECIFIC PROCEDURAL NOTES

• Under Ark. Code Ann. Section 19-11-244, protests must be filed in writing with the procurement official within 14 calendar days.
• The State Procurement Director shall issue a written decision within 14 days of receipt of the protest.
• Appeals from the Director's decision may be taken to the Claims Commission or circuit court as provided by law.
• Automatic stay provisions may apply; verify current regulations.

[// GUIDANCE: Under Arkansas procurement law, appeals from the State Procurement Director's decision may be taken to the Arkansas State Claims Commission. Verify current protest procedures and deadlines.]