Government Contract Bid Protest - Maine

MAINE CONTRACT-AWARD APPEAL AND OPTIONAL STAY REQUEST

Important Filing Limits

This packet concerns an appeal from a Maine state contract award governed by 5 M.R.S. §§ 1825-A to 1825-F and 18-554 C.M.R. ch. 120. It is not a federal GAO protest form.

• A Chapter 120 appellant must be an aggrieved person: a person who bid on the contract and is adversely affected financially, professionally, or personally by the award decision.
• A written stay request must be made to the Director of the Bureau of General Services within 10 calendar days after notification of the award.
• A written request for an appeal hearing must be made to the Director within 15 calendar days after notification of the award.
• Filing an appeal does not itself stay the award. Request a stay separately if one is needed.
• The appeal evidence must address at least one of Maine's three grounds: violation of law, irregularities creating fundamental unfairness, or an arbitrary or capricious award.
• The petitioner bears the burden of proving a ground by clear and convincing evidence.
• The Appeal Committee may only validate or invalidate the award. It may not rewrite the award, make a new award, or award the contract to the petitioner.

1. ELIGIBILITY AND DEADLINE CONTROL SHEET

Complete this before drafting.

Applicability Gate

Section 1825-C states that the rules apply to departments and agencies subject to the authority of the Department of Administrative and Financial Services. Confirm that this particular award falls within that system. Do not assume that a municipal, federal, quasi-independent, construction, transportation, or other specialized procurement uses this route without checking its governing law and solicitation.

Scope Gate

Chapter 120 addresses an appeal from an award decision. If the issue concerns solicitation terms before an award, use the solicitation's question, clarification, amendment, or other verified pre-award process. Do not claim Chapter 120 standing merely as a prospective bidder; § 1825-A defines an aggrieved person as a person who bid and was adversely affected by the award decision.

2. FILING COVER

TO: Director, Bureau of General Services

CURRENT FILING ADDRESS OR EMAIL: [COPY FROM THE CURRENT APPEALS PAGE AND SOLICITATION]

COPY TO, IF REQUIRED: [CONTRACTING AGENCY / PROCUREMENT CONTACT / OTHER]

FROM: [PETITIONER LEGAL NAME]

DATE: [__/__/____]

RE: Request for Hearing of Appeal and [Optional] Request for Stay — [SOLICITATION NUMBER AND TITLE]

As of the verification date shown above, the Division of Procurement Services appeals page directs appeal requests to the Director of the Bureau of General Services. Verify the named official, email or mailing address, delivery method, and any solicitation-specific instructions on the filing date.

3. REQUEST FOR HEARING OF APPEAL

[__/__/____]

VIA [REQUIRED FILING METHOD]

Director, Bureau of General Services

[CURRENT ADDRESS OR EMAIL]

Re: Request for Hearing of Appeal — [SOLICITATION NUMBER / CONTRACT TITLE]

Dear Director:

[PETITIONER LEGAL NAME] ("Petitioner") requests a hearing of appeal from [AGENCY]'s decision to award [SOLICITATION NUMBER / TITLE] to [AWARDED BIDDER]. This request is made under 5 M.R.S. § 1825-E and 18-554 C.M.R. ch. 120.

A. Award and Timeliness

1. The Agency issued the solicitation on [__/__/____].
2. Petitioner submitted a bid or proposal on [__/__/____].
3. The Agency notified Petitioner of the award decision by [METHOD] on [__/__/____ at ____]. A copy is Exhibit [__].
4. This written request is submitted on [__/__/____], within 15 calendar days after award notification.

B. Aggrieved-Person Status

Petitioner is an aggrieved person under 5 M.R.S. § 1825-A(1) because Petitioner bid on the contract and the award decision adversely affects Petitioner as follows:

[STATE THE CONCRETE FINANCIAL, PROFESSIONAL, OR PERSONAL EFFECT.]

C. Specific Nature of the Grievance

The specific challenged acts, omissions, findings, scores, or award terms are:

1. [IDENTIFY THE EXACT ACTION, DATE, EVALUATOR FINDING, SCORE, OR RECORD ITEM.]
2. [IDENTIFY THE EXACT SOLICITATION PROVISION, STATUTE, OR RULE INVOLVED.]
3. [EXPLAIN HOW THE ISSUE AFFECTED THE AWARD DECISION.]

D. Maine Appeal Criteria

Check every ground supported by the evidence. The hearing evidence must be limited to one or more of these criteria.

☐ Ground 1 — Violation of Law

The award violates [EXACT STATUTE OR RULE] because:

[____________________________________________________________]

Supporting record and exhibits:

[____________________________________________________________]

☐ Ground 2 — Irregularities Creating Fundamental Unfairness

The procurement contained the following irregularity:

[____________________________________________________________]

The irregularity created fundamental unfairness because:

[____________________________________________________________]

Supporting record and exhibits:

[____________________________________________________________]

☐ Ground 3 — Arbitrary or Capricious Award

The challenged award action was arbitrary or capricious because:

[IDENTIFY THE ACTION AND THE RECORD SHOWING THAT IT LACKED A REASONED FACTUAL OR SOLICITATION-BASED BASIS.]

Supporting record and exhibits:

[____________________________________________________________]

E. Requested Hearing and Authorized Disposition

Petitioner requests that the Director grant a hearing and appoint an Appeal Committee under 5 M.R.S. § 1825-E(3).

After hearing, Petitioner requests that the Appeal Committee:

☐ invalidate the contract award decision.

Petitioner recognizes that the Committee's statutory authority is limited to validating or invalidating the award and does not include modifying the award or making a new award.

F. Hearing Participants

Petitioner expects to appear:

☐ without counsel

☐ through counsel identified below

☐ through another agent: [________________________________]

Expected witnesses: [________________________________]

Expected exhibits: [________________________________]

Petitioner requests reasonable notice of the hearing date, location, Appeal Committee members, and any scheduling or submission directions.

Respectfully submitted,

[________________________________]

[NAME / TITLE / MAINE BAR NUMBER, IF APPLICABLE]

[PETITIONER OR LAW FIRM]

[ADDRESS]

[TELEPHONE]

[EMAIL]

4. OPTIONAL REQUEST FOR STAY OF AWARD

Submit this request within 10 calendar days after award notification. Do not wait for the 15-day appeal deadline.

[__/__/____]

VIA [REQUIRED FILING METHOD]

Director, Bureau of General Services

[CURRENT ADDRESS OR EMAIL]

Re: Request for Stay of Award — [SOLICITATION NUMBER / CONTRACT TITLE]

Dear Director:

[PETITIONER] requests a stay of the award decision under 5 M.R.S. § 1825-E(1) and 18-554 C.M.R. ch. 120, § 2.

1. Petitioner received award notification on [__/__/____].
2. This request is submitted on [__/__/____], within 10 calendar days after notification.
3. The specific nature of the grievance is:

[____________________________________________________________]

A. Irreparable Injury to Petitioner

Without a stay, Petitioner will suffer the following injury that cannot be adequately repaired after the appeal:

[STATE SPECIFIC FACTS, DATES, AND SUPPORTING EVIDENCE.]

Supporting declaration or exhibit: [________________________________]

B. Reasonable Likelihood of Success on the Merits

Petitioner has a reasonable likelihood of success because the record supports the following ground, which Petitioner will prove by clear and convincing evidence at the appeal hearing:

☐ a violation of law: [________________________________]

☐ an irregularity creating fundamental unfairness: [________________________________]

☐ an arbitrary or capricious award: [________________________________]

C. No Substantial Harm to Adverse Parties or the General Public

A temporary stay will not cause substantial harm because:

[ADDRESS THE AGENCY'S OPERATIONAL NEEDS, THE AWARDEE, SERVICE RECIPIENTS, COST, TIMING, AND PUBLIC INTEREST WITH FACTS.]

D. Requested Stay

Petitioner requests an order temporarily suspending the contract award pending the Chapter 120 appeal.

Respectfully submitted,

[________________________________]

[NAME / TITLE / MAINE BAR NUMBER, IF APPLICABLE]

[CONTACT INFORMATION]

5. FACT AND EVIDENCE WORKSHEET

Maine does not use the federal bid-protest formulation as the controlling test. Organize the proof around Chapter 120's three criteria and clear-and-convincing burden.

Solicitation and Law Crosswalk

Best-Value Issue, If Applicable

Section 1825-B(7) generally requires an award to the best-value bidder, considering the qualities and conformity of the goods or services, their purposes, delivery date, and the State's best interest. Tie any best-value challenge to the solicitation, governing law, and actual record; do not merely assert that Petitioner's proposal was preferable.

Claimed evaluation error: [________________________________]

Record evidence: [________________________________]

Connection to a Chapter 120 criterion: [________________________________]

6. EXHIBIT INDEX

Attach only relevant, supportable material. Protect confidential information under the exact law, solicitation term, or hearing direction that applies; Chapter 120 does not create a generic federal-style protective-order process.

7. DECLARATION FORM

DECLARATION OF [NAME]

I, [NAME], state:

1. I am [TITLE / RELATIONSHIP TO PETITIONER].
2. I have personal knowledge of the facts stated here, except where otherwise identified.
3. [NUMBERED FACT.]
4. [NUMBERED FACT.]
5. Attached Exhibit [__] is [IDENTIFY DOCUMENT AND FOUNDATION].

I declare that the foregoing is true and correct to the best of my knowledge.

Dated: [__/__/____]

[________________________________]

[NAME]

Have Maine counsel determine whether an oath, notarization, or another form is required for the intended use. Chapter 120 does not impose a universal notarization requirement on the initial appeal request.

8. HEARING PREPARATION

Under Chapter 120:

• the Appeal Committee must hear the appeal within 60 days after receipt of the request;
• the petitioner may appear alone, through counsel, or through another agent;
• the petitioner presents evidence first and bears the burden of proof;
• witnesses may be examined and cross-examined;
• prefiled written testimony, if used, must be available to the State, Committee, presiding officer, and intervenors on the preceding workday at least 24 hours before the hearing;
• documentary evidence must be supplied to the presiding officer, Committee, contracting agency, and intervenors;
• witness and copying expenses assigned to the petitioner by the rule are not recoverable by a Committee judgment; and
• the Committee looks for clear and convincing evidence of a Chapter 120 ground.

Hearing Checklist

☐ Every proposed exhibit tied to a pleaded grievance and permitted criterion

☐ Witness list and foundation for each witness prepared

☐ Direct examination outline prepared

☐ Cross-examination subjects prepared

☐ Required copies prepared for all participants

☐ Prefiled-testimony deadline confirmed

☐ Confidentiality basis and redactions separately verified

☐ Opening statement focused on the three Chapter 120 criteria

☐ Requested disposition limited to validation or invalidation

9. PROCESS TIMELINE

The older Chapter 120 web text states a 10-day period for the Director's notice after receiving the Committee decision. Current 5 M.R.S. § 1825-F, amended in 2023, instead requires the Chief Procurement Officer to notify the petitioner in writing within 7 days of final agency action. Use the current statute.

10. JUDICIAL-REVIEW HANDOFF

An Appeal Committee decision under § 1825-E(3) is final agency action for judicial review under the Maine Administrative Procedure Act. A party ordinarily files a Rule 80C petition in Superior Court within 30 days after receiving notice. A denial of an appeal hearing is also identified as final agency action by Chapter 120.

Immediately give Maine counsel:

☐ the appeal and stay submissions with proof of delivery

☐ the Director's stay decision

☐ the hearing-grant or denial notice

☐ the complete hearing record and exhibits

☐ the Committee decision and proof of receipt

☐ the final-agency-action notice and proof of receipt

☐ all agency, awardee, and intervenor contact information

Use the separate Maine Rule 80C petition template for judicial review. Do not assume that a judicial petition automatically stays the award or resulting agency action.

11. COMMON ERRORS TO AVOID

• Calling this a GAO protest or importing federal standing, substantial-chance, competitive-prejudice, agency-report, debriefing, automatic-stay, or protective-order rules.
• Treating the 10-day stay request as the appeal itself, or using the 15-day appeal deadline for both filings.
• Filing only with the contracting agency instead of the Director identified by the statute, current appeals page, and solicitation instructions.
• Challenging solicitation terms under Chapter 120 without an award decision and aggrieved-person status.
• Pleading ordinary disagreement with scoring without connecting the proof to one of the three Chapter 120 criteria.
• Asking the Committee to rescore proposals, make a new award, direct corrective action, or award the contract to Petitioner.
• Requesting attorney fees, consultant fees, bid-preparation costs, or protest costs without separate verified authority.
• Waiting for a debriefing or records response while a 10- or 15-calendar-day deadline runs.
• Stamping or filing a generic certificate of service when neither the rule nor the current solicitation requires that exact service method. Verify recipients and method.

12. OFFICIAL SOURCES

• Maine Legislature, 5 M.R.S. § 1825-A: https://legislature.maine.gov/statutes/5/title5sec1825-A.html
• Maine Legislature, 5 M.R.S. § 1825-B: https://legislature.maine.gov/statutes/5/title5sec1825-B.html
• Maine Legislature, 5 M.R.S. § 1825-C: https://legislature.maine.gov/statutes/5/title5sec1825-C.html
• Maine Legislature, 5 M.R.S. § 1825-D: https://legislature.maine.gov/statutes/5/title5sec1825-D.html
• Maine Legislature, 5 M.R.S. § 1825-E: https://legislature.maine.gov/statutes/5/title5sec1825-E.html
• Maine Legislature, 5 M.R.S. § 1825-F: https://legislature.maine.gov/statutes/5/title5sec1825-F.html
• Maine Legislature, 5 M.R.S. § 11002: https://legislature.maine.gov/statutes/5/title5sec11002.html
• Maine Legislature, 5 M.R.S. § 11004: https://legislature.maine.gov/statutes/5/title5sec11004.html
• Maine Division of Procurement Services, Appeals: https://www.maine.gov/dafs/bbm/procurementservices/policies-procedures/appeals
• Maine Division of Procurement Services, Chapter 120: https://www.maine.gov/dafs/bbm/procurementservices/policies-procedures/chapter-120
• Maine Supreme Judicial Court, Waldo Community Action Partners v. Department of Administrative and Financial Services, 2026 ME 13: https://www.courts.maine.gov/courts/sjc/lawcourt/2026/26me013.pdf