POLICY:

The Director of Purchasing Services will respond, generally within 30 days, to all bid award protests after consultation with Legal Counsel.

A bidder has five working days, excluding legal holidays, from the date of the intent to award (ITA) letter to file an intent to protest or an actual protest, via mail or FAX, to the Chancellor. If an intent to protest has been filed, the bidder has a total of 10 working days from the date of the ITA letter to file an actual protest.

PROCEDURES:

I. Intent to Protest

1. When an intent to protest is received by the Chancellor, notification is sent to the Program Assistant to the Director who will check with Bid Processing to determine timeliness.

1.1 If timely, the Program Assistant to the Director will provide copies to the agent, agent supervisor, and director. Bid Processing is given the original to file in the bid jacket and tickle appropriately. Go to step 2

1.2 If NOT timely, the agent will prepare a draft response letter for the director's signature informing the protester of the untimeliness and that the award will proceed per the intent to award letter.

1.3 If Intent to Protest refers to commodity bid and not service, see IPP #33.

2. The agent shall telephone the department contact and inform him/her that no action can be taken on the bid until the actual protest is received and resolved. The department contact will be asked not to discuss the bid with anyone other than the Purchasing Agent, Director of Purchasing Services, Legal Counsel or internal department staff. Remind department contact and staff to maintain confidentiality.

3. Receipt of a timely intent to protest is not acknowledged to the protester. Bid Processing will tickle the bid for 10 working days from the date of the ITA letter(s).

II. Actual Protest

1. When an actual protest is received by the Chancellor, notification is sent to the Program Assistant to the Director who will check with Bid Processing to determine timeliness and provide copies to the agent, agent supervisor, and director. Bid Processing will be given the original to file in the bid jacket and tickle appropriately.

1.1 The Program Assistant to the Director will send an acknowledgment letter electronically to the Chancellor's office for signature and mailing to the protesting bidder and provide copies to Legal Counsel, Director, agent and agent supervisor. Bid processing will be given the original to file in the bid jacket.

1.2 The Program Assistant to the Director will send a letter to the department that a timely protest has been received and provide copies to Legal Counsel, Director, agent and agent supervisor. Bid processing will be given the original to file in the bid jacket.

1.3 The agent may contact the department to set up a meeting to discuss the protest allegations.

1.4 The protest will be discussed at the scheduled legal services meeting. The department may be asked to attend this meeting. Attendees of the meeting may include Legal Counsel, the Director of Purchasing Services, the agent, agent supervisor, and department persons (if appropriate).

1.5 The agent will prepare a packet for each of the meeting participants (Legal Counsel, Director, and agent supervisor) to include:

• a copy of the protest letter
• department notification of bid results response, including any justification for award
• bid as sent out to vendors with amendments, relevant clauses tabbed
• applicable bid responses with relevant clauses tabbed
• Synopsis of communication held prior to receiving the protest letter

1.6 At the meeting all the concerns will be addressed and the response will be discussed.

1.7 A draft response will be prepared for the Director by the agent and/or agent supervisor and approved by the Director and Legal Counsel.

1.8 The Program Assistant to the Director finalizes the response letter for the Director's signature and mails. Copied are Chancellor, Legal Counsel, Director, agent and agent supervisor. Bid processing will be given a copy to file in the bid jacket.

1.8.1 If the protest is denied, the Program Assistant to the Director will notify Bid Processing to tickle the bid for five working days plus one after date of letter. The protester may appeal to DOA during this time period. The Director will telephone the DOA Bureau of Procurement Director to notify of denial of protest.

• The Program Assistant to the Director will send a packet including copies of denial letter, protest letter, and intent to protest letter to the DOA Bureau of Procurement Director.

• The agent will contact the appropriate DOA section chief on the sixth working day from the date of the denial response letter to verify whether or not an appeal was received from the protester. If no appeal, the purchase order may be released.

1.8.2 If appealed, DOA will send a copy of the appeal and its response to the Director of Purchasing Services. No action may be taken until the appeal is resolved unless otherwise directed by DOA.

• A If the protest is denied by DOA, the agent may proceed with the award process.

• If a protest is upheld by DOA, the agent or Director of Purchasing Services will be notified by DOA Procurement.

1.8.3 When a protest is upheld, the Bureau of Procurement Director's response is mailed to the protester with a copy to Legal Counsel, the Chancellor, and the Director of Purchasing Services. The Program Assistant to the Director will make copies for the agent, agent supervisor and department contact. Bid processing will be given a copy to file in the bid jacket.

• The agent will either send revised ITA’s and the ITA process repeats itself or service is rebid and the original bid is cancelled.

REFERENCES:

State Procurement Manual sections PRO-C-5, PRO-C-12, PRO-I-13
IPP 33 - Complaint Response Process

Bid Processing Procedure Manual