Section 8.5740  Written Comments and Oral Testimony

Interested parties wishing to comment may do so in writing alone, may testify in person and may submit written comments reflecting the oral testimony.

a)         Written Comments

1)         Submission of Written Comments

Written comments are requested by the hearing registration deadline, shown in the Bulletin notice. All written comments received by the hearing date will be considered.

2)         Incorporation of Written Comments

If the Hearing Officer has received any written comment, the name and affiliation of the person submitting the comment shall be stated for the record and the written comments shall be incorporated into the record.  In addition, the Hearing Officer may read excerpts from or summarize the basic points of the written comments for the record.

b)         Oral Testimony

1)         Advance Registration

Any person who wishes to testify may register with the Hearing Officer by the hearing registration deadline shown in the Bulletin notice to ensure an opportunity to testify.  The registration period begins on the date the notice is posted to the Bulletin.  Registration information will be stated in the notice.  Those who do not register by the hearing registration deadline shown in the Bulletin notice will be heard as time permits and may submit written comments.  The Hearing Officer has discretion to limit testimony for the efficiency of the hearing.

2)         Written Summary of Testimony Requested

When extensive or complex oral testimony is reasonably expected, a written summary reflecting proposed oral testimony can be requested by the hearing registration deadline shown in the Bulletin notice to allow the Hearing Officer time to prepare for the hearing.  Failure to provide the written summary may result in precluding the testimony from being presented or considered.  The Hearing Officer may request a written copy of the oral testimony.

3)         Witness Slip Required

Each person providing oral testimony must complete a witness slip and provide it to the Hearing Officer as instructed.

4)         Duration of Testimony

Each interested party shall have a reasonable period of time to present his or her position based on the complexity of the issue and the press of other business.

c)         Sole Source and Emergency Contract Extensions − Supplemental Provisions

1)         The notice, including attachments, as shown in the Bulletin represents the position of CDB and the initial position of the CPO.  The Hearing Officer shall have the notice placed into the record.  A copy of the notice will be posted outside the hearing room.

2)         The SPO and a representative of CDB shall attend the hearing if any person registers in advance to testify to the sole source or emergency contract extension determination.  Attendance may be by video or audio.  The SPO and a representative of CDB or the user agency representative shall respond to questions of the Hearing Officer and shall be available for consultation after adjournment of the hearing.

3)         The Hearing Officer may ask questions or request further written information in response to written comments or testimony or at the Hearing Officer's initiative.  The Hearing Officer is not required to respond to substantive questions at the hearing nor make commitments regarding the content of his or her recommendation.

d)         Suspension and Debarment – Supplemental Provisions

1)         A party who receives notice of suspension or debarment may request a hearing to protest the suspension or debarment action.  The hearing will be conducted in accordance with this Section and the following additional provisions shall apply.

A)        The Hearing Officer may ask questions or request further written information in response to written comments or testimony or at the Hearing Officer's initiative.  The Hearing Officer is not required to respond to substantive questions at the hearing or make commitments regarding the content of his or her recommendation.

B)        Both the affected State agency and the vendor affected by a suspension of debarment may, at the discretion of the Hearing Officer, bring in witnesses to present testimony or other evidence regarding the facts or circumstances that led to the determination to suspend or debar.

C)        In addition to responding to questions of the Hearing Officer, the witnesses shall respond to questions by the affected vendor if, at the discretion of the Hearing Officer, the questions are allowed.

i)          The Hearing Officer may allow questions when the subject matter of the question is relevant and the questioning will not unnecessarily delay the proceedings.

ii)         The Hearing Officer may deny questions when the subject matter seeks only to unnecessarily embarrass the witness or delay the proceedings.

e)         Recommendation

After conclusion of a hearing, the Hearing Officer shall review CDB's position, any information obtained from public comment (written or oral), the applicable Sections of the Procurement Code, other laws and associated rules and written policies and other information deemed relevant.

f)         Decision of the CPO

1)         The CPO shall, after considering the Hearing Officer's recommendation, make a decision in writing (which may be electronic) to uphold or overturn, in whole or in part, the original determination.

2)         The CPO may request additional information from the Hearing Officer, or any other party, including supplemental comments or testimony from the interested parties, prior to making a decision.

3)         The CPO may adopt the recommendation, in whole or in part, or may reject the recommendation, or may write a separate decision.

g)         Notice of Decision

The decision of the CPO shall be posted to the Bulletin and issued in writing to the interested parties.

h)         Maintenance of Records

A copy of the public notices, any documents presented, any written comments, the recommendation of the Hearing Officer, and any decision of the CPO shall be maintained in the procurement file.  Any transcript or recording of a public hearing shall be available, pursuant to the Freedom of Information Act, upon request.