City Purchasing and Contracting Services
Solicitation and Selection Protest Protocols
Respondents have the right to protest certain decisions in a contract solicitation, selection and award processes made by the City. Whether concerns are about a Request for Proposal Process (RFP), a Request for Qualifications Process (RFQ), an informal solicitation process from the City's Roster Program, an Invitation to Bid (ITB), or a construction bid, the following protocols apply; the term “submittal” shall apply to all.
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Grounds for Protest
Only protests alleging an issue concerning the following subjects shall be considered:
Inquiry or Intention does not constitute a Protest:
Protest Form and Content
All protests shall be in writing and state the respondent is submitting a formal protest. Protests must be filed with the City at the address below, unless an alternative designee is named within the protest solicitation document. Deliveries by hand, mail, e-mail or fax are acceptable. The City is not responsible for lost or misplaced protests, or to assure the protest is received by the respondent within the protest deadlines. If the City designee does not receive the protest in a timely manner, the protest may be rejected. The designated address, unless modified within the solicitation document, is:
City Purchasing and Contracting Services
Include the following information in your protest letter. Include all information you want considered within the package you submit. Failure to provide the following information may cause rejection of your protest if the materials are not sufficient for the City to adequately consider the nature of your protest:
When to Submit a Protest
Such matters include, but are not limited to:
Protests over such matters will not be accepted after the submittal deadline.
After the submittal deadline, only respondents that applied are eligible to protest.
Protests must be filed within three business days after a notice or announcement by the City, to assure City consideration.
The City shall try to distribute the Intent to Award announcement to the affected respondent(s), such as posting on the City website, e-mailing and/or mailing the notice to the affected respondent(s). However, it is the respondent's responsibility to obtain the announcement from the City in a timely manner. The City is not responsible for assuring the affected respondent(s) have learned of the announcement in time to file a protest.
The Director will review the protest. All available facts will be considered and the Director shall issue a final decision. This decision shall be delivered in writing by e-mail to the protesting respondent. Each written determination of the protest shall either:
If the City finds the protest without merit, the City may continue with the solicitation process or enter into a contract with the apparent successful contractor, if the contract has not been previously signed. If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken.
Nothing shall diminish the authority of the City to enter into a contract, whether a protest action or intention to protest has been issued or otherwise.
FTA Officials to Notify. When the City receives a bid protest, FTA expects the City to inform the FTA Regional Administrator for the region administering a regional project, or the FTA Associate Administrator for the program office administering a headquarters project directly. FTA also encourages the City to keep its FTA project manager informed about protests with which it is involved. The recipient should contact its project manager about any unusual activity.
Access to Information. FTA expects the City to disclose information about any third party procurement protest to FTA upon request. FTA reserves the right to require the City to provide copies of a protest or all protests, and any or all related supporting documents as FTA may determine necessary.