The following procedures shall apply to bidder protest(s):
a.Authority to protest shall be limited to bidding vendors. A written protest may be filed based on the following grounds:
1.Failure of the City to apply correctly the standards of review, evaluation, or scoring of a bid or proposal as specified in the solicitation documents.
2.Such other grounds as would create a cause of action at law or in equity.
b.Bidder protests must be submitted to the City, in writing and containing all information specified in subsection (c) of this section, in person or via mail to City of Monterey, Finance Department, 735 Pacific Street, Suite A, Monterey, CA 93940, and shall be accompanied by the bid protest filing fee, which shall be set by resolution of the City Council.
1.For contracts awarded pursuant to a notice inviting bids, the protest must be received by the Finance Department no later than 5:00 p.m. on the fifth business day after the date of the bid opening.
2.For contracts awarded pursuant to a request for proposals, the protest must be received by the Finance Department no later than 5:00 p.m. on the fifth business day after the City notifies the bidders of the winning proposal.
3.Notwithstanding subsections (b)(1) and (b)(2) of this section, if a bidder’s bid or proposal is rejected as nonresponsive, the protest must be received by the Finance Department no later than 5:00 p.m. on the fifth business day after the City notifies the bidder that the bid or proposal is being rejected.
4.The City’s notification under subsections (b)(2) and (b)(3) of this section may be by any reasonable means, including but not limited to U.S. mail, electronic mail, or Internet posting. The effective date of notice by mail is the date that the notice is deposited in the mail. The effective date of all other means of notice is the date it is transmitted.
5.If the fifth business day falls on a weekend or a City holiday, the deadline to submit a protest shall be extended to 5:00 p.m. on the next business day.
6.The party filing the protest must concurrently transmit a copy of the protest to the bidder deemed the apparent low bidder and to any bidder that is the subject of the protest.
7.A written protest that is late or fails to include the bid protest filing fee shall be returned without further action by the City.
c.The written formal protest must contain the following:
1.Identification of the specific City Purchasing Code (this chapter) or other statutory or regulatory provision(s) that the bidder or department is alleged to have violated;
2.Description of each act alleged to have violated the statutory or regulatory provision(s) identified above;
3.A precise statement of the relevant facts that includes dates, timelines and involved parties, and all supporting documents. Supporting documentation not submitted at the time of submission of the written protest will not be considered;
4.An identification of the issue(s) that need to be resolved that support the protest;
5.A statement of the form of relief requested;
6.A signed statement by an authorized representative that the protest is submitted under penalty of perjury under the laws of the State of California.
d.If a timely protest is filed, Finance Director, or designee, shall notify the involved department(s) and any further action related to the bidding process shall be suspended until a determination is made on the merits of the protest.
e.Finance Director, or designee, will conduct an investigation, gather information, prepare documentation of its findings and make every effort to resolve the protest to the mutual satisfaction of all stakeholders. If the protest cannot be mutually resolved, the Finance Director will make a decision as to the protest and so inform the involved department(s) and notify the protest bidder(s) in writing.
f.The notice to the protester shall state the basis of bidder’s protest(s), the results of the investigation, findings, recommendation(s) and reasons for the action taken and delivered, in writing, to the protesting bidder(s).
g.Bidders may appeal the Finance Director’s determination, in writing, to the City Manager within five (5) business days of receipt of the written notification. The City Manager, or Assistant City Manager if designated by the City Manager, shall have five (5) business days to make a decision, which shall be in writing and shall be final.
h.The procedures and time limits set forth in this section are mandatory and are the bidder’s sole and exclusive administrative remedy in the event of a bid protest. The bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including a filing a challenge of the award of contract, filing a claim pursuant to the California Government Code, or filing any other legal proceedings. These bid protest procedures shall not limit the City Manager’s authority to reject all bids. Rejecting all bids or proposals shall render a protest moot and terminate all protest proceedings. (Ord. 3624 § 2, 2020)