Vendor Protest Policy

Purpose:   

To provide guidelines and a timeframe for accepting and processing vendor protests.  This applies to any actual or prospective vendor who is aggrieved in connection with the solicitation or award of a contract.  They may protest to the Supervisor of Procurement.

Procedure:   

The protest shall be submitted in writing within 14 business days after award or during the bid process, or when the aggrieved vendor knows or should have known of the factors giving rise
to the bid protest.
  
The written formal protest must contain a minimum of the following:

• A specific identification of the statutory or regulatory provision(s) that the purchasing staff member or department is alleged to have violated.
• A specific description of each act alleged to have violated the statutory or regulatory provision(s) identified above.
• A precise statement of the relevant facts that include time lines and all involved parties.
• An identification of the issue or issues that need to be resolved that support the protest.

The assigned purchasing staff member shall:

• Contact the requesting department and inform them of the vendor protest.
• Gather information and prepare documentation for the Supervisor of Procurement outlining the solicitation, evaluation and award of the bid/proposal.
• A decision shall be made by the Supervisor of Procurement to contact the City Attorney concerning the protest.
• Inform the requesting department on the progress and/or outcome of the vendor protest.

If the protest is not resolved by mutual agreement, the Supervisor of Procurement shall promptly
issue a decision in writing.  The decision shall consist of the following:

• State the reasons for the action taken and send to the aggrieved vendor.

A copy of the decision shall be mailed or otherwise furnished immediately to the vendor and any other party intervening.

A decision shall be final and conclusive, unless fraudulent or Purchasing is directed by a Court
decision.

All vendor protest documentation shall be filed with Purchasing in the bid file for reference.