10.14.01 Bid Protests
CITY OF BOYNTON BEACH, FLORIDA ADMINISTRATIVE POLICY MANUAL CHAPTER: 10 Purchasing Policy No. 10.14.01 SECTION: 14 Appeals and Remedies Page: 1 of 3 SUBJECT: 01 Bid Protests PURPOSE:
To establish a procedure for a prospective bidder to protest a bid against the City. POLICY: Bid Protest any actual or prospective bidder, offeror, or contractor who is aggrieved in
connection with solicitation or award of contract may protest in writing to the Purchasing Agent. Protesters shall file their written protests with the Purchasing Agent during normal
business hours. Protests shall specifically describe the subject matter and facts giving rise to the protest. Protests shall be deemed effective on the date they are received by the
Purchasing Agent. The Purchasing Agent shall immediately deliver the bid protest to the City Attorney with a memorandum setting forth the facts and circumstances surrounding the protest.
The deadlines for filing bid protests are as follows: 1. If the protest relates to an invitation for bid or request for proposal, the protest shall be received prior to the bid submittal
deadline date. 2. If the protest relates to any other matter relating to the bid, including, but not limited to, contract award, the protest must be received no later than seven (7)
regular business days after the date of notification of bid award by the Purchasing Agent. Decision: If the protest is not resolved by mutual agreement, the City Attorney, upon consultation
with the Purchasing Agent, shall make a recommendation to the City Manager who shall issue a decision in writing, or direct the City Attorney to render a decision in writing to the protesting
bidder, offeror, or contractor. The City Manager shall have the authority to settle and resolve a protest of an aggrieved bidder, offeror or contractor, actual or prospective, concerning
the solicitation or award of a contract. The decision shall: 1. State the reasons for the action taken; and 2. Inform the protestor of its right to appeal as provided in this part.
Policy No. 10.14.01 -Appeals and Remedies Page: 2 of 3 Notice of Decision: A copy of the decision under this section shall be mailed or otherwise furnished to the protestor and any other
party intervening. Finality of Decision: A decision of the City Manager under this section shall be final and conclusive unless the protestor files a written appeal with the City Commission
within three business days of the City Manager’s decision. The City Commission within thirty (30) days of the City Manager’s response shall consider the protest. Failure to Follow Procedure:
A protestor’s failure to follow the protest procedure set forth herein shall render void any protest or claim brought by an aggrieved bidder, offeror, or contractor. Remedies for Solicitations
or Awards in Violation of Law: Prior to bid opening or closing date of receipt of proposals: If prior to the bid opening or the closing date for receipt of proposals, the Purchasing
Agent, after consultation with the City Attorney, determines that a solicitation is in violation of federal, state, or municipal law or ordinance, then the solicitation shall be canceled
or revised to comply with applicable law. Prior to Award: If after bid opening or the closing date for receipt of proposals, but prior to the award of contract, the Purchasing Agent,
after consultation with the City Attorney, determines that a solicitation or a proposed award of a contract is in violation of federal, state, or municipal law, or ordinance, then the
solicitation or proposal award shall be canceled. After Award: If, after an award, the Purchasing Division, after consultation with the City Attorney, determines that a solicitation
or award of a contract was in violation of applicable law or ordinance, then: 1. If the person awarded the contract has not acted fraudulently or in bad faith: a. The contract may be
ratified and affirmed, provided it is determined that doing so is in the best interest of the City; or
Policy No. 10.14.01 -Appeals and Remedies Page: 3 of 3 b. The contract may be terminated and the person awarded the contract shall be compensated for the actual costs reasonably incurred
under the contract, plus a reasonable profit, but excluding attorney's fees, prior to the termination; or 2. If the person awarded the contract has acted fraudulently or in bad faith
the contract may be declared null and void, if such action is in the best interests of the City. DEVELOPED BY: Purchasing Division EFFECTIVE DATE: February 1, 1998 Kerry Willis City
Manager