PIERCE J FLOOR AMENDMENT
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2654
(Reference to printed bill)
Page 3, after line 45, insert:
"Sec. 2. Title 41, chapter 23, Arizona Revised Statutes, is amended by adding article 14, to read:
ARTICLE 14. APPEAL OF SOLICITATIONS AND CONTRACT AWARDS
41-2681. Appeal of solicitations and contract awards; evidence; new issues
A. At a hearing held pursuant to chapter 6, article 10 of this title, the administrative law judge may allow the protesting party to present evidence relevant to the issues raised in the appeal from the decision of the procurement officer and evidence relevant to any issues that are raised by the procurement officer or any party who intervenes in the hearing.
B. At a hearing held pursuant to chapter 6, article 10 of this title, and on reasonable advance notice to all parties to that hearing, the administrative law judge may allow the protesting party to raise one or more new issues that the protesting party did not raise in the protest or appeal to the director if all the following apply:
1. The protesting party demonstrates to the satisfaction of the administrative law judge that the protesting party could not have reasonably discovered each new issue in time to add the issue to the protest.
2. The new issue is material in the sense that if the administrative law judge agrees with the position OF the protesting party concerning the new issue, the administrative law judge would enter a decision in favor of the protesting party.
3. The protesting party has exhausted all applicable remedies pursuant to section 41-2611, including all provisions that pertain to the extension of the time for filing protests and allowing late protests on a showing of good cause.
4. The protesting party demonstrates to the satisfaction of the administrative law judge that the protesting party has acted with reasonable speed and diligence in discovering the new issue and has not unreasonably delayed in seeking relief under this section."
Renumber to conform
Amend title to conform
Justin Pierce |