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Miami, FL Code of Ordinances
Sec. 18-104. - Resolution of protested solicitations and awards.
(a) Right to protest. The following procedures shall be used for resolution of protested solicitations and
awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which
does not exceed $25,000.00. Protests thereon shall be governed by the administrative policies and
procedures of purchasing.
(1) Protest of solicitation.
a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of
a contract may protest to the chief procurement officer. A written notice of intent to file a
protest shall be filed with the chief procurement officer within three days after the request
for proposals, request for qualifications or request for letters of interest is published in a
newspaper of general circulation. A notice of intent to file a protest is considered filed when
received by the chief procurement officer; or
b. Any prospective bidder who intends to contest bid specifications or a bid solicitation may
protest to the chief procurement officer. A written notice of intent to file a protest shall be
filed with the chief procurement officer within three days after the bid solicitation is
published in a newspaper of general circulation. A notice of intent to file a protest is
considered filed when received by the chief procurement officer.
(2) Protest of award.
a. Any actual proposer who perceives itself aggrieved in connection with the recommended
award of contract may protest to the chief procurement officer. A written notice of intent to
file a protest shall be filed with the chief procurement officer within two days after receipt by
the proposer of the notice of the city manager's recommendation for award of contract. The
receipt by proposer of such notice shall be confirmed by the city by facsimile or electronic
mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered
filed when received by the chief procurement officer; or
b. Any actual responsive and responsible bidder whose bid is lower than that of the
recommended bidder may protest to the chief procurement officer. A written notice of intent
to file a protest shall be filed with the chief procurement officer within two days after receipt
by the bidder of the notice of the city's determination of non responsiveness or non
responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile
or electronic mail or U.S, mail, return receipt requested. A notice of intent to file a protest is
considered filed when received by the chief procurement officer.
c. A written protest based on any of the foregoing must be submitted to the chief procurement
officer within five days after the date the notice of protest was filed. A written protest is
considered filed when received by the chief procurement officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula
for assigning points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest
of the solicitation or the award is based, and shall include all pertinent documents and evidence
and shall be accompanied by the required filing fee as provided in subsection (f). This shall form
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5/10/2016 Miami, FL Code of Ordinances
the basis for review of the written protest and no facts, grounds, documentation or evidence not
contained in the protester's submission to the chief procurement officer at the time of filing the
protest shall be permitted in the consideration of the written protest.
No time will be added to the above limits for service by mail. In computing any period of time
prescribed or allowed by this section, the day of the act, event or default from which the
designated period of time begins to run shall not be included. The last day of the period so
computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the
period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday.
Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the
time for filing.
(b) Authority to resolve protests. The chief procurement officer shall have the authority, subject to the
approval of the city manager and the city attorney, to settle and resolve any written protest. The chief
procurement officer shall obtain the requisite approvals and communicate said decision to the
protesting party and shall submit said decision to the city commission within 30 days after he/she
receives the protest. In cases involving more than $25,000.00, the decision of the chief procurement
officer shall be submitted for approval or disapproval thereof to the city commission after a favorable
recommendation by the city attorney and the city manager.
(c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a
protest or the written protest, together with the required filing fee as provided in subsection (f), with
the chief procurement officer within the time provided in subsection (a), above, shall constitute a
forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not
be entitled to seekjudicial relief without first having followed the procedure set forth in this section.
(d) Stay of procurements during protests. Upon receipt of a written protest filed pursuant to the
requirements of this section, the city shall not proceed further with the solicitation or with the award
of the contract until the protest is resolved by the chief procurement officer or the city commission as
provided in subsection (b) above, unless the city manager makes a written determination that the
solicitation process or the contract award must be continued without delay in order to avoid an
immediate and serious danger to the public health, safety or welfare.
(e) Costs. All costs accruing from a protest shall be assumed by the protestor.
(f) Filing fee. The written protest must be accompanied by a filing fee in the form of a money order or
cashier's check payable to the city in an amount equal to one percent of the amount of the bid or
proposed contract, or $5,000.00, whichever is less, which filing fee shall guarantee the payment of all
costs which may be adjudged against the protestor in any administrative or court proceeding. If a
protest is upheld by the chief procurement officer and/or the city commission, as applicable, the filing
fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the
protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the
administrative proceedings as prescribed by subsection (e) above.
(Ord. No. 12271, § 2, 8-22-02)
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5/10/2016
Miami, FL Code of Ordinances
Sec. 18-176.3. - Procedures for resolution of protested UDP's and awards.
Procedures for resolution of protested UDP's and awards shall be as set forth in sections 18-105 and
18-106, with the exception that all references to the chief procurement officer shall, for the purpose of
proceedings under this article, mean the director of the department of real estate and economic
development.
(Ord. No. 12271, § 3, 8-22-02)
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