§ § 3Application of provisions relating to SURE system

The following apply:
       (1) The provisions of 62 Pa.C.S. shall apply to the
   development, establishment and implementation of the
   Statewide Uniform Registry of Electors (SURE) system required
   by 25 Pa.C.S. Ch. 12 Subch. B except as provided in this
   section.
       (2) If a bidder or offeror, a prospective bidder or
   offeror or a prospective contractor is aggrieved in
   connection with the solicitation or award of the contract,
   he may protest to the head of the purchasing agency in
   writing.
       (3) If the protestant is a bidder or offeror or a
   prospective contractor, the protest shall be filed with the
   head of the purchasing agency within seven days after the
   aggrieved bidder or offeror or prospective contractor knew
   or should have known of the facts giving rise to the protest,
   except that in no event may a protest be filed later than
   seven days after the date the contract was awarded. If the
   protestant is a prospective bidder or offeror, a protest
   shall be filed with the head of the purchasing agency prior
   to the bid opening time or the proposal receipt date. If a
   bidder or offeror, a prospective bidder or offeror or a
   prospective contractor fails to file a protest or files an
   untimely protest, the bidder or offeror, the prospective
   bidder or offeror or the prospective contractor shall be
   deemed to have waived its right to protest the solicitation
   or award of the contract in any forum. Untimely filed
   protests shall be disregarded by the purchasing agency.
       (4) A protest shall state all grounds upon which the
   protestant asserts the solicitation or award of the contract
   was improper. The protestant may submit with the protest any
   documents or information it deems relevant to the protest.
       (5) Within 15 days of receipt of a protest, the
   contracting officer may submit to the head of the purchasing
   agency and the protestant a response to the protest,
   including any documents or information he deems relevant to
   the protest. The protestant may file a reply to the response
   within ten days of the date of the response.

      (6) The head of the purchasing agency or his designee
  shall review the protest and any response or reply and may
  request and review such additional documents or information
  he deems necessary to render a decision and may, at his sole
  discretion, conduct a hearing. The head of the purchasing
  agency or his designee shall provide to the protestant and
  the contracting officer a reasonable opportunity to review
  and address any additional documents or information deemed
  necessary by the head of the purchasing agency or his
  designee to render a decision.
      (7) Upon completing an evaluation of the protest in
  accordance with paragraph (6), the head of the purchasing
  agency or his designee shall issue a written determination
  stating the reasons for the decision. The determination shall
  be issued within 60 days of the receipt of the protest unless
  extended by consent of the head of the purchasing agency and
  the protestant. The determination shall be the final order
  of the purchasing agency. If the head of the purchasing
  agency or his designee determines that the solicitation or
  award of the contract was contrary to law, he may enter an
  order authorized by 62 Pa.C.S. Ch. 17 Subch. D.
      (8) Within 15 days of the mailing date of a final
  determination denying a protest, a protestant may file an
  appeal with the Commonwealth Court. Issues not raised by the
  protestant before the purchasing agency are deemed waived
  and may not be raised before the court.
      (9) The record of determination for review by the court
  shall consist of the solicitation or award; the contract,
  if any; the protest and any response, reply or any additional
  documents or information considered by the head of the
  purchasing agency or his designee; the hearing transcript
  and exhibits, if any; and the final determination.
      (10) The court shall hear the appeal without a jury on
  the record of determination certified by the purchasing
  agency. The court shall affirm the determination of the
  purchasing agency unless it finds from the record that the
  determination is arbitrary and capricious, an abuse of
  discretion or is contrary to law.
      (11) If the determination is not affirmed, the court
  may enter any order authorized by 42 Pa.C.S. § 706, provided
  that, if the court determines that the solicitation or award
  of the contract is contrary to law, then the remedy the court
  shall order is limited to canceling the solicitation or award
  and declaring void any resulting contract.
      (12) In the event a protest is filed timely under this
  section and until the time has elapsed for the protestant
  to file a petition for review in Commonwealth Court, the
  purchasing agency may elect not to proceed further with the
  solicitation or with the award of the contract.
      (13) This section shall be the exclusive procedure for
  protesting a solicitation or award of the contract by a
  bidder or offeror, a prospective bidder or offeror or a
  prospective contractor that is aggrieved in connection with
  the solicitation or award of the contract. The provisions
  of 2 Pa.C.S. shall not apply to this section.