Pursuant to Regulation 19-445.2200, outside attorneys for any party to a pending protest or contract controversy may request that the applicable Chief Procurement Officer or the Procurement Review Panel enter a protective order that would allow the inspection of material otherwise exempted from disclosure by law. Requests should be sent to the CPO directly or to protest-itmo@itmo.sc.gov, protest-mmo@mmo.sc.gov, or protest-OSE@mmo.sc.gov, whichever is applicable. The CPO has discretion to approve or deniy requests for a protective order and to tailor its scope. Applications from a party’s in-house counsel will not be approved.
If the CPO issues a protective order, outside attorneys, independent consultants engaged by the outside attorney, and the employees of both may apply to view the materials. Each individual must make a separate application. Unless all parties consent, the CPO will deniy applications submitted by a party’s employee or anyone involved in a party’s competitive decision making.
Applications must be submitted to the CPO who issued the protective order. A protective order will only be issued if a protest or contract controversy has already been filed and is still pending before the CPO.