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)]
[// GUIDANCE: This template is drafted for use in filing a post-award or pre-award bid protest at the state or local level in Mississippi. Customize bracketed placeholders and confirm all cited procurement rules and protest procedures 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, 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 Mississippi procurement law, 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;
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 designated Mississippi procurement protest authority under the Applicable Law.
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.]
5.2 Grounds of Protest
Protester asserts the following grounds:
a. Evaluation Errors.
b. Unequal Discussions.
c. Best-Value Tradeoff Flaws.
d. [ADDITIONAL GROUNDS AS APPLICABLE].
5.3 Requested Remedies
Protester respectfully requests that the protest authority:
1. Sustain the Protest;
2. Recommend Corrective Action;
3. Direct the Agency to stay further contract performance;
4. Award costs to the extent authorized; and
5. Provide such other relief as appropriate.
6. REPRESENTATIONS & CERTIFICATIONS
6.1 Accuracy. Protester certifies that the statements herein are true and correct.
6.2 Protective Order. Protester will comply with any protective order issued.
7. COVENANTS & RESTRICTIONS
7.1 Duty of Candor. Protester shall supplement the record if aware of any misstatement.
7.2 Cooperation. Protester will comply with all scheduling orders and protocols.
8. DEFAULT & REMEDIES
8.1 Failure to Produce Agency Report. Protester will seek appropriate relief if Agency fails to submit its report timely.
9. RISK ALLOCATION
9.1 Costs Cap. Any award of protest costs is limited to the extent authorized by Applicable Law.
9.2 No Indemnification. Indemnification is not applicable to this proceeding.
10. DISPUTE RESOLUTION
10.1 Governing Law. This Protest is governed by the Applicable Law.
10.2 Forum Selection. Initial jurisdiction lies with the designated Mississippi protest authority.
10.3 Arbitration. Not available for bid protests.
11. GENERAL PROVISIONS
11.1 Amendments. Protester reserves the right to amend this Protest as permitted.
11.2 Severability. If any provision is unenforceable, the remainder remains in force.
12. 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]
13. CERTIFICATE OF SERVICE
I hereby certify that on [DATE], I served a copy of this Protest on all required parties.
__________________________________
[ATTORNEY NAME], Esq.
14. EXHIBIT INDEX
Exhibit A Solicitation/Amendments
Exhibit B Protester's Proposal (Redacted)
Exhibit C Agency Debriefing Materials