Any actual proposer who claims to be aggrieved in connection with a specific solicitation
process may submit a protest in writing to the Executive Director of Procurement and
Contract Services within seven (7) calendar days after he or she knows or should have
known the facts giving rise to the protest.
All proposers should know and shall be deemed responsible for knowing the facts documented
in the University’s procurement files on the day the University opens the bid files
for public inspection.
Any issues raised by the protesting party after the seven (7) calendar day period
shall not be considered as part of the protest.
Signature on Protest Constitutes Certificate. The signature of an attorney or protesting party on a request for consideration,
protest, motion, or other document constitutes a certificate by the signer that the
signer has read such document, that to the best of the signer’s knowledge, information,
and belief formed after reasonable inquiry, it is well grounded in fact and is warranted
by existing law or a good faith argument for the extension, modification, or reversal
of existing law, and that it is not interposed for any improper purpose, such as to
harass, limit competition, or to cause unnecessary delay, or needless increase in
the cost of the procurement or of the litigation. If a request for consideration,
protest, pleading, motion, or other document is signed in violation of this subsection
before or after appeal to the Chair of the Board of Trustees, the Chair of the Board
of Trustees upon motion or upon his/her own initiative, may impose upon the person
who signed it, a represented party, or both, an appropriate sanction, which may include
an order to pay to the other party or parties, including the affected University,
the amount of the reasonable expenses incurred because of the filing of the protest,
a petition for a stay of award, pleading, motion, or other paper, including reasonable
attorneys’ fees.
Neither a protest nor a stay of award shall proceed under this section unless the
protesting party posts a protest bond (See Appendix I). The protesting party shall
post, with the Executive Director of Procurement and Contract Services of the University,
at the time of filing a notice of protest, a bond payable to the University in the
amount of five percent (5%) of the lowest cost proposal evaluated or five percent
(5%) of the highest revenue proposal evaluated. Such protest bond shall be in form
and substance acceptable to the University and shall be immediately payable to the
University conditioned upon a decision by the Chair of the Board of Trustees that:
A request for consideration, protest, pleading, motion, or other document is signed,
before or after appeal to the Chair of the Board of Trustees, in violation of subsection
A. (ii);
The protest has been brought or pursued in bad faith; or
The protest does not state on its face a valid basis for protest.
The University shall hold such protest bond for at least eleven (11) calendar days
after the date of the final determination by the University. If the protesting party
appeals the determination in accordance with subdivision (vii), the University shall
hold such protest bond until instructed by the Chair of the Board of Trustees to either
keep the bond or return it to the protesting party.
At the time of filing notice of a protest of a procurement in which the lowest evaluated
cost proposal is less than one million dollars ($1,000,000), or in which the highest
evaluated revenue proposal is less than one hundred thousand dollars ($100,000), a
minority or small business protesting party may submit a written petition to the Executive
Director of Procurement and Contract Services for exemption from the protest bond
requirement of subsection A.(iii). Such a petition must include clear evidence of
minority or small business status. On the day of receipt, the petition shall be given
(may be faxed) to the Chair of the Board of Trustees or designee. The Chair of the
Board of Trustees has five (5) business days in which to make a determination. If
an exemption from the protest bond requirement is granted, the protest shall proceed
as though the bond were posted. Should the Chair of the Board of Trustees deny an
exemption from the requirement, the protesting party shall post the bond with the
Executive Director of Procurement and Contract Services of the University as required
in subsection A.(iii) within three (3) business days of the determination. For the
purposes of this section, “minority business” is defined as solely owned or at least
fifty-one percent (51%) owned by a person or persons who control the daily operation
of such business and who is disabled (a person having a physical or mental impairment
that in the written opinion of the person’s licensed physician, substantially limits
one (1) or more of the major life activities of such person, including caring for
oneself, and performing manual tasks, which include writing, walking, seeing, hearing,
speaking, and breathing); African American (persons having origins in any of the Black
racial groups of Africa); Asian American (persons having origins in any of the original
peoples of the Far East, Southeast Asia and Asia, the subcontinent, or the Pacific
Islands); Hispanic American (persons of Cuban, Mexican, Puerto Rican, Central or South
American, or other Spanish or Portuguese origin, culture, or descent, regardless of
race,); or Native American (persons having origins in any of the original peoples
of North America). For purposes of this section, “small business” is defined as one
which is independently owned and operated, has total gross receipts of no more than
two million dollars ($2,000,000) for the most recently ended federal tax year, and
employs no more than thirty (30) persons on a full-time basis.
Authority to Resolve Protest
The Executive Director of Procurement and Contract Services of the University has
the authority to resolve the protest. If deemed necessary, the Executive Director
of Procurement Services may request a meeting with the protesting party to seek clarification
of the protest issues.
The final determination of the Executive Director of Procurement and Contract Services
shall be given in writing and submitted to the protesting party.
The protesting party may request that the final determination of the Chief Procurement
Officer be considered by the Vice President for Business and Finance of the University.
The request for consideration shall be made in writing to the Vice President for Business
and Finance within seven (7) calendar days from the date of the final determination
by the Executive Director of Procurement and Contract Services.
The Executive Vice President for Business and Finance has the authority to review
and resolve the protest. If deemed necessary, the Vice President for Business and
Finance may request a meeting with the protesting party to seek clarification of the
protest issues. The final determination of the Executive Vice President for Business
and Finance shall be given in writing and submitted to the protesting party.
The protesting party may request that the final determination of the Executive Vice
President for Business and Finance be considered by the President of the University.
The request for consideration shall be made in writing to the President within seven
(7) calendar days from the date of the final determination by the Executive Vice President
for Business and Finance.
The University shall have no longer than sixty (60) calendar days from receipt of
the protest to resolve the protest.
The protesting party may request that the final determination of the President be
considered by the Chair of the Board of Trustees. The request for consideration shall
be made in writing to the Chair of the Board of Trustees within seven (7) calendar
days from the date of the final determination by the President. The determination
of the Chair of the Board of Trustees or designee is final and shall be given in writing
and submitted to the protestor.
In the event that the University fails to acknowledge receipt of a protest within
fifteen (15) days of receipt of a protest or fails to resolve the protest within sixty
(60) calendar days, the protesting party may request that the Chair of the Board of
Trustees consider the protest at a meeting.
Stay of Award Prior to the award of a contract, a proposer who has protested may submit to the Vice
President for Business and Finance a written petition for stay of award. Such stay
shall become effective upon receipt by the Executive Vice President for Business and
Finance. The Executive Director of Procurement and Contract Services shall not proceed
further with the solicitation process or the award of the contract until the protest
has been resolved in accordance with this section, unless the Chair of the Board of
Trustees makes a written determination that continuation of the solicitation process
or the award of the contract without delay is necessary to protect substantial interests
of the University. It shall be the responsibility of the Executive Vice President
for Business and Finance to seek such determination by the Chair of the Board of Trustees.
Protest Subsequent to Award The Tennessee Claims Commission has exclusive jurisdiction to determine all monetary
claims against the state for the negligent deprivation of statutory rights.
Appeal to Chancery Court Protests appealed to the chancery court from the Chair of the Board of Trustees’ decision
shall be by common law writ of certiorari. The scope of review in the proceedings
shall be limited to the record made before the Chair of the Board of Trustees and
shall involve only an inquiry into whether the Chair of the Board of Trustees exceeded
his/her jurisdiction, followed an unlawful procedure, or acted illegally, fraudulently
or arbitrarily without material evidence to support his/her action.
Appendix I A protest bond (PDF) may be presented to the University in form and substance compliant with the
Protest Bond format attached in Appendix I. Any protest bond presented to the University
that represents a deviation from the Appendix I format shall be considered for acceptability
by the University on a case by case basis.
