HomeMy WebLinkAboutAgenda Bill 3.C 04/04/2011�p'
DATE: April 4, 20.1.1
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Joseph Rye, Transit Division Manager
SUBJECT: Resolution Adopting Specific Bid Protest Procedures for FTA- Funded Procurements
RECOMMENDATION
It is recommended that the City Council approve the attached resolution adopting specific bid protest
procedures for Federal Transit Administration (FTA) funded procurements.
BACKGROUND
In 2008, Petaluma became an eligible Federal Transit Administration (FTA) grant recipient. The City of
Petaluma has utilized these funds to replace eight vehicles in the last two years. FTA funds can also be
utilized to support preventative maintenance. Petaluma has utilized these funds to replace local
Transportation Development Act (TDA) funds lost during the recent economic downturn.
DISCUSSION
The FTA requires that certain specific procedures be adopted by recipients of FTA funding. In this case,
the City of Petaluma is required to adopt a specific process for resolving; potential bid protests for any
procurement that utilizes FTA funding. The procedure is not an adopted regulation for citywide
procurement, but merely a provision that staff will include, as required, on a project -by- project basis for
FTA - funded'. procurement RFPs or bid documents.. The city will utilize these procedures for FTA - funded
transit procurements in order to meet FTA requirements and remain an eligible recipient for funding.
FINANCIAL IMPACTS
There is no financial impact associated with the recommended action_ . Approval of the resolution and
procedure allows the City to continue to obtain needed funding.
Agenda Review:
City Attorney
Finance Director
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ATTACHMENTS
1. Resolution, including Exhibit. A,'Protest Procedures for FTA Funded Projects
ATTACHMENT 1
. RESOLUTION
ADOPTING SPECIFIC BID PROTEST PROCEDURES FOR FTA- FUNDED
PROCUREMENTS
WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users (SAFETEA -LU) (Public Law Public Law 109 -59, August 10, 2005) continues the Federal Transit
Administration Formula Programs (23 U.S.C. §53) and Surface Transportation Program (23 U.S.C. §
133); and
WHEREAS, pursuant to SAFETEA -LU, and the regulations promulgated there under, eligible
project sponsors wishing to receive Federal Transit Administration (FTA) Section 5307 grants for a
project shall be required to follow all published FTA guidance documents; and
WHEREAS, the FTA requires grantees to adopt written procedures that meet FTA requirements
for processing potential bid protests on all FTA- funded procurements, and
WHEREAS, the City of Petaluma is an eligible project sponsor for FTA Section 5307 funds and
obligated to comply with any and all FTA regulations; and
WHEREAS, the City of Petaluma has benefitted greatly from inclusion into the FTA Section
5307 Funding Program, and wishes to continue eligibility for these funds for projects, such as: bus
replacement, electronic fareboxes, communication equipment procurement, and set - aside /preventative
maintenance.
NOW, THEREFORE, BE IT RESOLVED, that the City of Petaluma formally adopts the
following FTA Protest Procedures, attached hereto and incorporated herein as Exhibit A, which shall
apply to all FTA-funded procurements
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EXHIBIT A
CITY OF PETALUMA
TRANSIT DIVISION
PROTEST PROCEDURES FOR FTA FUNDED PROJECTS
(Bids, Request for Qualifications, and Request for Proposals)
PROCEDURE
The following procedures have been developed in conformance with .Federal Transit Administration
(FTA) Circular 4220.1 to provide an outlet`for supplier concerns that cannot be informally resolved.
These procedures will be- included or referenced in , all solicitation documents for FTA funded projects.
If they are referenced, the reference will include information on how a copy of the procedures may be
acquired by any interested party.
The procedures and time limits;set`forth in this document are mandatory- and are the interested party's
sole and exclusive remedy'in the event of a protest. The Interested Party's failure to comply with these
procedures shall constitute a waiver of any right to further pursue the protest, including filing a
Government Code Claim or legal proceedings. An Interested Party may not rely on a protest submitted
by another interested party,.but must timely pursue its own protest.
If the City determines that a protest is frivolous, the Protestor may be determined to be non - responsible
and that supplier may be determined to be ineligible for future contract awards.
DEFINITIONS
The following definitions apply to these procedures:
'Days" means working days i.e., any day except Saturday, Sunday or City holidays and includes
Fridays.
"Interested Party" Is an actual' or prospective offeror whose direct economic interest would be affected
by the award of a Contractor by the'failure to award a Contract. (Interested Parties do not include
subcontractors or suppliers of an actual. or prospective offeror.
"Protest Is a written objection or complaint by an Interested Party to the terms, conditions or form of a
proposed procurement or the proposed or actual award of a contract.
"Protestor" is an Interested Party that has properly filed a timely Protest.
"Timely Filed Protest" Is a written document filed by a Protestor that mee_ is the requirements outlined in
this procedure.
FILING AND PROCESSING OF PROTESTS
Protest Content` hd Submission
An 'Interested Party wishing to protest a matter involving a proposed procurement or contract award
shall file with the City a written submission which must include at a minimum:
® Name, address and telephone .number of the person representing. the Protester Protestor's
relationship to the procurement sufficient to establish that the Protest is being filed by an
Interested Party
® Identification of the proposed ,procurement or contract
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• A complete statement of the basis for the Protest, and ,all supporting documentation
• A reference to the specific portion of the bid document which forms the basis for the Protest
All Protests must be filed with:
City Clerk
City of Petaluma
11 English St.
Petaluma CA 94952
Deposit in the mail, postage prepaid, does not constitute filing or receipt. A protest is considered filed
when physically received by the City Clerk. Date of receipt governs determination of timeliness.
The Protester must concurrently transmit a copy of the Protest and any attached documentation to all
other Interested Parties. Such Interested Parties shall include all other bidders who appear to have a
reasonable prospect of receiving an award depending upon the outcome of the Protest.
If the Protestor challenges the bid of or recommended award to another Interested Party, that
Interested Party shall have five (5) days from the date the Interested. Party receives the Protest to
submit a written response. The Interested Party submitting a response shall deliver it concurrently to
the Protestor.
Subiect of the Protest..Timina and Process
Decisions on all Protests will include a response in detail to each substantive issue included in the
Protest submitted. The City's decision shall be final unless, in the case of Pre -Award and Post -Award
Protests, a timely request for "reconsideration is filed pursuant to these provisions.
The City reserves its right to take any and all appropriate action, as solely determined by City,
regarding the solicitation and /or award of contract during the pendency of, or upon or after the time of
decision on any Protest, including but not limited to rejection of all bids or responses.
1. Pre -Bid or Solicitation Protest - received prior to bid opening or proposal due date
Any Protest regarding the pre -bid or solicitation phase must be filed no later than five (5) days before
the opening of bids (if bid) or the due date for submittals or proposals (if RFQ /P), as applicable. Any
Protest filed after that date which raises issues regarding the solicitation will not be considered.
Pre -Bid and Solicitation Protests will be decided by the Public Works Director, or his /her designee,
within 20'days of City's receipt ofthe Protest and any response(s) from Interested Parties. The
decision shall be final and not subject to a request for reconsideration.
2. Pre -Award Protest protest against making an award - received after City receipt of proposals
or bids, but before award of a contract
Any Protest regarding the evaluation of bids, qualifications or proposals by the City must be filed with
the City no later than five (5) days after the opening of bids (if bid) or 48 hours'after publication of
recommendation for award (if RFQ /P). Any Protest filed after such date which raises issues regarding
the evaluation will not be considered. Pre -Award Protests will be decided by the City Council at or
before the time of consideration of award of the contract and no later than the second. regular City
Council meeting following the City's receipt of any Protest and responses from other Interested Parties.
The City Council may designate a City employee or official to decide the Protest, in which case the
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determination shall be made within 20 days of receipt of the Protest and Interested Party's responses, if
any, by the City.
3. Post -Award Protest— received after award of a contract
Any Protest regarding the award of the .contract must be filed no later than five (5) days after the date of
award. Any Protest regarding the award of the contract filed after such date will not be considered.
Post- Award'Prot'ests will be decided by the City Council no later than the date of the second regular
City Council meeting following the City's receipt of the Protest and any responses from other Interested
Parties. The City Council may designate ,a City employee or official to decide the Protest, in which case
the determination shall be made within 20 days of receipt of the Protest and Interested Party's
responses, if any, by the City.
REQUESTS FOR RECONSIDERATION
A Protestor;may request reconsideration of a Pre -Award or Post - Award Protest decision only if
information.becomes available that was not previously known, or could have reasonably become
known, or there has been an error of law or regulation.
A request for reconsideration must be submitted in writing to the City within five (5) days of the date of
issuance of`the initial decision. The request must include a detailed explanation of the basis for
reconsideration and remedy requested. The City Manager shall review the request for reconsideration
and may determine that there is no basis for modifying the decision, or may refer the request for
reconsideration to the City Council, in the City Manager's sole discretion.
APPEAL TO THE FEDERAL TRANSPORTATION ADMINISTRATION (FTA)
If the work or services to be procured under the Bid /Proposal is FTA funded, and all City administrative
remedies described above have been exhausted, a Protestor may file an appeal with the FTA in
accordance with FTA Circular 4220.1.F as such circular may be subsequently amended or replaced.
FTA will only entertain a protest that.alleges the grantee failed to follow their protest procedures and
which is filed in accordance with FTA Circular 4220.1.F or subsequently amended Circular 4220.1.
All appeals to the FTA must be submitted within five (5) working days after the date the Protestor knew
or should'have known of the alleged City violation.
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