(a) Right to Protest. Any actual or prospective bidder or offeror who is aggrieved in connection with a solicitation or an award of a contract may protest to the Chief Procurement Officer. The protest shall be in writing and filed with the Office of the Chief Procurement Officer within seven days after such aggrieved person knows or should have known of the facts giving rise to the protest. A protest shall be considered untimely if it is not received by the Office of the Chief Procurement Officer within the time period stated above. A bidder or offeror is aggrieved only if the bidder or offeror can demonstrate that, should the protest be sustained, the bidder or offeror may be eligible for the award.

(b) Form of Protest. The written protest shall include, at minimum, the following:

(c) Authority to Resolve Protests. The Chief Procurement Officer, after consultation with the General Counsel’s Office, shall have the authority, prior to the commencement of an action in court concerning the controversy, to settle and resolve a protest of an aggrieved bidder or offeror concerning the solicitation or award of a contract.

(d) Award of Contract During a Protest. In the event of a timely protest, WSSC shall not proceed further with a solicitation or with the award of a contract until after a written decision on the protest has been issued by the Chief Procurement Officer, unless the Chief Procurement Officer, after consultation with the General Counsel’s Office and the appropriate using department, determines in writing that awarding a contract without delay is necessary to protect the interests of WSSC.

(e) Final Decision. If the protest is not resolved by mutual agreement, the Chief Procurement Officer must adjudicate the protest on the record and issue a final written decision within 21 days of receiving the protest. The decision must:

(f) Appeal to Court. The aggrieved bidder or offeror may appeal the written decision of the Chief Procurement Officer to the Circuit Court for Montgomery County or the Circuit Court for Prince George’s County under the Maryland rules governing administrative mandamus actions.

(g) Entitlement to Costs. If a protest is sustained by the Chief Procurement Officer and the protesting bidder or offeror should have been, but was not, awarded the contract under the solicitation, the aggrieved bidder or offeror shall be entitled to the reasonable costs incurred in connection with the solicitation, including bid preparation costs. The aggrieved bidder or offeror shall not be entitled to recover any attorneys’ fees incurred in connection with the solicitation or protest. The protesting bidder or offeror shall also be entitled to a refund of the protest filing fee. (Procurement regulations § 6-101, dated August 1, 2012)