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HomeMy WebLinkAboutDepartment of Procurement06/20/06 10:10 FAX 904 630 1182 PROCUREMENT & SUPPLY 10021/025 CITY OF JACKSONVILLE DEPARTMENT OF PROCUREMENT 117 West Duval Street — Suite 335, Jacksonville, Florida 32202 (904) 630-1184-Ph; (904) 630-7283-Fax; www.coi.net PROCUREMENT PROTEST PROCEDURES 126.106(e) PROTEST PROCEDURES 126.106(e)(1) 126.106(e)(2) 126.106(c)(3) 126.106(e)(4) 126.106(e)(5) 126.106(e)(6) 126.106(e)(7) 126.106(e)(8) Purpose and Scope Definitions 'timely Notice of Protest Extension Request / Supplemental Protest Documentation Delivery Pree.es5 Protest Hearing Rules and Procedures Independent Agency, Board or Delegated Authority 126.106(e)(1) Purpose and Scope (a) These protest procedures are promulgated pursuant to § 126.106(e) of the Jacksonville Ordinance Codc (the "Code"), which authorizes the Director of the Department of Procurement (thc "Director) to "prepare and publish rules and regulations governing bid protests." In the event a court of competent jurisdiction declares any provision of these Procurement Protest Procedures to be unconstitutional, invalid, or otherwise unenforceable, then all remaining provisions shall be severable, valid and enforceable regardless of the invalidity of any other provision. (b) In accordance with the procedures contained herein, any person or entity that is adversely affected by a decision or an intended decision concerning a solicitation, solicitation documents, award, or any other process or procedure prescribed in the Code and who has standing Ja protest said decision or intended decision under Florida taw (the "Protestant"), must timely file a written Notice of Protest seeking to challenge the decision or intended decision. The issue(s) raised and the information contained in the Notice of Protest and any supplemental documentation filed in accordance with § 126.106(e)(4), hereof, must clearly identify and explain the factual and legal basis for any relief sought, and shall be the only issue(s) and information the Protestant may present for consideration before the applicable committee. 126.106(e)(2) Definitions For the purpose of these Bid Protest Procedures; the following definitions are provided: (a) "Competitive solicitation" or "solicitation" shall include without limitation an invitation to bid, competitive scaled bid, multi -step competitive sealed bid, competitive sealed proposal, or a request for proposals and/or qualifications_ (b) "Posting" means the notification of solicitations, decisions or intended decision, or other matters relating to procurement on a centralized Internet website, by placing the same on the bulletin board(s) designated by the Department of Procurement for This purpose, or as maybe consistent with § 126.102(m) of the Code. (c) "Exceptional purchase" means any purchase excepted by law or rule from the requirements for competitive solicitation, including without Inmitation purchases pursuant to §§ 126.107, 126.206, 126,207,126.211, 126.307, 126.309, 126,311,126.312, or I26.313 of the Code. (d) "Electronic transfer" is limited solely to facsimile transmissions that appear legibly on paper at the place of filing- (e) "Final Agency Action" means a final decision that results from a proceeding hereunder, and includes actions which are affirmative, negative, injunctive, or declaratory in form. (f) "Procurement process" has the same meaning as "contract solicitation or award process_" 126.106(0(3) Timely Notice of Protest (a) Recommendations of Award and/ox aid Rejection_ A Protestant shall have 48 hours after either the posting or written notification of a derision or intended decision, whichever, is earlier, in which to 06/29/06 10:10 FAX 904 630 1182 PROCUREMENT & SUPPLY i1022/025 file a written Notice of Protest in order to timely challenge or seek relief from a Department of Procurement recommended award of an exceptional purchase or an award or recommended conclusion to any bid or proposal solicitation process, including without limitation: (i) a recommendation to reject a bid or. proposal; (ii) a contract award; or (iii) the short -listing of bidders or proposers. (b) Bid/Proposal Specifications and/or Requirements. A Protestant shall have XQ business days after the posting of a solicitation or 99 hours after the posted date and time of a pre -bid or pre -proposal conference, whichever is earlier, or 48 hours after the posting of an addendum, in which to file a written Notice of Protest in order to timely challenge the requirements, terms and/or conditions contained in bid or proposal document,, including without limitation any provisions governing or establishing: (i) the basis for, making the award in question; (ii) evaluation criteria; (iii) equipment, product, or material specifications; (iv) proposed project schedules; (v) statements regarding participation goals or other equal opportunity measures; or (vi) other general solicitation or project requirements. (c) Computation of Time - The computation of the time limitations or periods contained herein shall be governed by and shall be pursuant to Florida Rule of Civil Procedure 1.099(a). Failure to file a written Notice of Protest within the applicable time limitation or period shall constitute a waiver of any right, remedy, or relief available hereunder. (d) Form and Content of the Notice of protest - A written Notice of Protest shall: (i) be addressed to the Director; (ii) identify the solicitation, decision, or recommended award in question by number and title nr any other language sufficient to enable the Director to identify the same; (iii) state the timeliness of the protest; (iv) state Protestant's legal standing to protest; and (v) clearly state with particularity the issuo(s), material fact(s) and legal authority upon which the protest is based, I26.106(e)(4) Request for Extension to File Supplemental Protest Documentation At the time of filing a timely Notice of Protest hereunder, a Protestant may request an extension of three (3) business days after the date its Notice of Protest is timely received, in which 10 provide supplemental protest documentation. Failure to do so or to timely submit the supplemental protest documentation shall constitute a waiver of any right to the same_ 126.106(e)(5) Delivery The timely filing of a Notice of Protest shall be accomplished when said notice is actually received by the Department of Procurement within the applicable time limitation or period contained herein. Filing a notice may be accomplishedby manual transfer via hand -delivery or mail to the Director of Procurement at 117 West Duval Street, Suite 335, Jacksonville. Florida 32202 or by electronic transfer via facsimile to (904) 630-7283_ The responsibility and burden of proof That its Notice of Protest has been timely and properly received shall rest with the Protestant, regardless as to the method of delivery employed. 126.106(e)(6) Process (a) Upon receipt of a timely filed written Notice of Protest, the Director or his/her designee shall schedule and provide notice of the time, date and place that the protest will be heard. The protest will be heard before the General Governmental Awards Committee (" GGAC"), the Professional Services Evaluation Committee ("PSEC"), or the Competitive Sealed Proposal Evaluation Committee ("CSPEC"), whichever is applicable. The Director or his/her designee shall have the discretion to proceed with the solicitation or contract award process in question or to suspend the same pending the resolution of the protest. To the extent the Director or his/her designee decides to exercise his/her discretion not to suspend the solicitation or contract award process pending the resolution of the protest, thr Director or his/her designee shell set forth in writing the particular facts and/or eircomstances upon which his/her decision is based. (b) Those persons or entities, other than the Protestant, who will be directly affected by the resolution of the protest shall be given notice of the protest hearing, and the Notice of Protest and any supplemental protest documentation shall be made available to them upon a written request for the same. (c) When a Notice of Protest is tiled pursuant to § 126.106(e)(3)(b), hereof, the Director or applicable awards committee chairperson shall have the discretion to direct that the solicitation in question not be opened pending the resolution cf the protest. 126.106(e)(7) Protest hearing Rules and Procedures (a) Hearings hereunder shell be heard before the applicable committee, and shall begin with a general statement of the rules and procedures prescribed herein by a representative of the committee, followed by a general statement of the facts by a representative of the Department of Procurement_ Representatives of the Protestant, limited solely to its owners, officers, employees and/or legal counsel. will then be required to 06/29/06 10:10 FAX 904 630 1182 PROCUREMENT & SUPPLY 1d023/025 present its case based solely upon the issue(s) and information contained in the Notice of Protest and any timely submitted supplemental protest documentation. Those persons or entities, other than the Protestant, who have legal standing and will be directly affected by the resolution of the protest will be given en opportunity to be heard auyd to present information before the committee, which will be followed by a statement and the presentation of information from lie Department of Procurement and other governmental representatives. The Protestant must cstabliSh by the preponderance of the evidence that the protest should be granted based upon the law, facts and information presented. The committee is entitled to ask questions of any party at any time during the hearing. (b) For hearings hereunder, the formal rules of evidence pursuant to the Florida Evidence Code may be relaxed at the sole discretion of the presiding chairperson of the applicable committee. Hearsay evidence may be admissible and used to supplement or explain other evidence. (c) Unless otherwise provided by the Code, the burden of proof shall rest with the Protestant, The standard of proof for proceedings hereunder shall be whether a Department of Procurement recommendation or the decision or intended decision in question was clearly erroneous, arbitrary or capricious, fraudulent, or otherwise without any basis in fact or law. In any protest proceeding challenging a decision or intended decision to reject all bids, proposals, or replies, the standard of review shall be whether the decision or intended decision is illegal. arbitrary, dishonest, or fraudulent. (d) A majority vote of the members of the applicable cosnminee Shall be required to grant a protest, hereunder; otherwise, the protest shall be denied, and, upon execution by the Mayor or his designee, said vote and/or decision of the applicable awards committee shall be posted and shall represent final agency action. 126.106(e)(8) Independent Agency, Board or Delegated Authority 1f a protest is filed and the solicitation is for the benefit of an independent agency, board, or delegated authority that has its own established procurement procedure and dots not Use the City's procurement process and/or protest procedures, then the person or entity protesting 'oust follow the protest procedures of that independent agency, board, or delegated authority.