Bid Protests and Disputes - Procedure 021

PURPOSE:

To establish uniform procedures for filing a notice of protest.

 

1. SCOPE:

   This procedure applies to all bid protests and disputes.

2. GENERAL:
   1. Any actual or prospective bidder who is allegedly aggrieved in connection with the solicitation or pending award of a contract may protest to the Procurement Division Manager.

       

   2. The Procurement Division posts and notifies all bidders of the City's intent to award a bid. The intent shall be publicly posted within a reasonable time after the decision to recommend award to a bidder.

       

   3. A notice of protest must be submitted by 4:30 p.m., local time, no more than three (3) business days after posting of the intent to award. The protest must be in writing and must include the following: the ITB/RFP number and title; a clear statement of the grounds on which the protest is based; refer to the statutes, laws, ordinances, or other legal authorities which the protestant deems applicable to such grounds; and, specifically request the relief to which the protestant deems itself entitled by application of such authorities to such grounds.

       

   4. A formal written protest is considered filed with the City when it is received by the Procurement Division. Accordingly, a protest is not timely filed unless it is received by the Procurement Division within the times specified above. Failure to file a written notice of protest within the time period specified shall result in relinquishment of all rights of protest by the vendor and abrogation of any further bid protest proceedings.

      These procedures shall be the sole remedy for challenging an award of bid. Bidders are prohibited from attempts to influence, persuade or promote through any other channels or means. Such attempts may be cause for suspension.

       

   5. The Procurement Division Manager shall attempt to settle or resolve protests, prior to the commission meeting, in which the bid is scheduled for award. Otherwise, the award must be withdrawn from the commission agenda. The Procurement Division Manager shall then render a decision, in writing, within seven (7) calendar days following receipt of the protest.

       

   6. Any person aggrieved by the decision of the Procurement Division Manager may appeal to the Finance Director within seven (7) calendar days from the date of the Procurement Division Manager's written decision. Said appeal shall be in writing and shall state with specificity the grounds therefor and also the action requested of the Finance Director. The Finance Director shall attempt to settle or resolve the matter. The Finance Director shall render a decision, in writing, within seven (7) calendar days following the receipt of the appeal.

       

   7. Decisions of the Finance Director may be appealed to City Manager by submission of a written request for hearing within seven (7) calendar days from the date of the Finance Director's written decision. The written request shall state with specificity the grounds for the appeal and also the action requested of the City Manager.

   8. A final decision under this section shall be conclusive and shall represent the position of the City.