HomeMy WebLinkAboutResolutions 2011-049 N.C.S. 04/04/2011Resolution No. 2011 -049 N.C.S.
of the City of Petaluma, California
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 fora 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
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the A IIIVVVVVV...... or Vas to
Council of the City of Petaluma at a Regular meeting on the 4` day of April, 2011,
by the following vote:
AYES: Albertson, Barrett, Mayor Glass, Harris, Vice Mayor Healy, Kearney, Rende
NOES: None
ABSENT:
ABSTAIN:
ATTEST:
City
Resolution No. 2011 -049 N.C.S. Page 1
EXHIBIT A TO RESOLUTION 2011 -049 N.C.S.
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 Contract or 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 meets the requirements
outlined in this procedure.
FILING AND PROCESSING OF PROTESTS
Protest Content and 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
• 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
Resolution No. 2011 -049 N.C.S. Page 2
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.
Subject of the Protest, Timing 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 of the 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 determination shall be made within 20 days of
receipt of the Protest and Interested Party's responses, if any, by the City.
Resolution No. 2011 -049 N.C.S. Page 3
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 Protests 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.
Resolution No. 2011 -049 N.C.S. Page 4