PROTEST, REQUEST FOR STAY OF AWARD, AND CLAIM FOR COSTS
Before the [STATE PROCUREMENT PROTEST AUTHORITY / 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)]
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 applicable Kentucky procurement law (KRS Chapter 45A), agency regulations, and protest procedures (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.
3. JURISDICTION AND STANDING
3.1 Jurisdiction. This Protest is properly before the designated Kentucky procurement protest authority under the Applicable Law.
3.2 Standing. Protester is an actual or prospective bidder whose direct economic interest is affected by the Agency's actions.
3.3 Timeliness. This Protest is filed within the period required by the Applicable Law.
4. STATEMENT OF RELEVANT FACTS
[PLACEHOLDER—Provide a concise chronological narrative of the procurement.]
5. GROUNDS OF PROTEST
Protester asserts the following grounds:
a. Evaluation Errors. The Agency's technical and/or price evaluation deviated from the stated evaluation criteria.
b. Unequal Discussions. The Agency engaged in discussions with Awardee but failed to afford Protester a similar opportunity.
c. Best-Value Tradeoff Flaws. The Agency failed to perform a rational best-value determination.
d. [ADDITIONAL GROUNDS AS APPLICABLE].
6. REQUESTED REMEDIES
Protester respectfully requests that the protest authority:
1. Sustain the Protest;
2. Recommend that the Agency undertake Corrective Action;
3. Direct the Agency to stay further contract performance pending the outcome of this Protest;
4. Award Protester its reasonable attorneys' fees and costs to the extent authorized by the Applicable Law.
7. EXECUTION BLOCK
| PROTESTER: | [PROTESTER LEGAL NAME] |
| By: | _______________________________ |
| Name: | [AUTHORIZED REPRESENTATIVE] |
| Title: | [TITLE] |
| Date: | [DATE] |
Counsel of Record:
[LAW FIRM NAME]
By: _______________________________
[ATTORNEY NAME], Esq.
Bar No.: [BAR NUMBER]
Address: [ADDRESS]
Telephone: [PHONE]
E-mail: [EMAIL]
8. CERTIFICATE OF SERVICE
I hereby certify that on [DATE], I caused a true and correct copy of the foregoing Protest to be served on the following via [E-MAIL/FACSIMILE/COURIER]:
- [PROTEST AUTHORITY SERVICE ADDRESS / EMAIL]
- [AGENCY PROTEST LIAISON OFFICER NAME], Agency Counsel
- [AWARDEE COUNSEL NAME] (if known)
__________________________________
[ATTORNEY NAME], Esq.