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HomeMy WebLinkAbout7575 RESOLUTION NO. 7575 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ESTABLISHING BID PROTEST PROCEDURES FOR THE AWARD OF PUBLIC WORKS CONTRACTS WHEREAS, the City of Redlands solicits bids for the award of public works contracts pursuant to Public Contract Code section 22030 et seq. which establishes a competitive bidding process which generally includes a determination by the City of the lowest responsive and responsible bidder; and WHEREAS, occasionally bidders wish to protest a bid or contract to be awarded to another bidder, and it would be beneficial for the City to utilize and incorporate into its public works bid documents a written bid protest procedure for bidders to follow; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Redlands hereby adopts the bid protest procedures set forth in Exhibit "A"to this resolution. ADOPTED, SIGNED AND APPROVED this 6"' day of October, 2015. u W. Foster, Mayor ATTEST: Sam Ir , Ci y Clerk 1 1:\cc1erk\ReSO1utions\Res 7500-7599\7575 Bid Protest Procedures 10 6 15.doc I, Sam Irwin, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof, held on the 61'day of October, 2015,by the following vote: AYES: Councilmembers Harrison, Gilbreath, Barich, James;Mayor Foster NOES: None ABSTAIN: None ABSENT: None Sam Irwin, City Clerk z L\cclerk\Resolutions\Res 7500-7599\7575 Bid Protest Procedures 10 6 15.doc EXHIBIT A BID PROTEST PROCEDURES 1. Bid Protest. Any bid protest must be in writing and received by the City Clerk's Office at 35 Cajon Street, Suite 4, Redlands, CA 92373, before 5:00 p.m. no later than two working days following the bid opening (the "Bid Protest Deadline") and must comply with the following requirements: 1.1 General. Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. If required by City, the protesting bidder must submit a non-refundable fee in the amount specified by City, based upon City's reasonable costs to administer the bid protest. Any such fee must be submitted to City no later than the Bid Protest Deadline, unless otherwise specified. For purposes of this Section, a "working day" means a day that City is open for normal business, and excludes weekends and holidays as observed by the City. 1.2 Protest Contents. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the person representing the protesting bidder if different from the protesting bidder. 1.3 Copy to Protested Bidder. A copy of the protest and all supporting documents must be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending on the outcome of the protest. 1.4 Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by the City Clerk's Office before 5:00 p.m., within two working days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the "Response Deadline"). The response must include all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person representing the protested bidder if different from the protested bidder. 1.5 Copy of Protesting Bidder. A copy of the response and all supporting documents must be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, to the protesting bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. 1.6 Exclusive Remedy. The procedure and time limits set forth in this section are mandatory and are the bidder's sole and exclusive remedy in the event of a bid protest. A bidder's failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of 3 lAcclerkWesolutions\Res 7500-7599\7575 Bid Protest Procedures 10 6 15.doc legal proceedings. 1.7 Right to Award. The City Council reserves the right to award the Contract to the bidder it has deternuned to be the responsible bidder submitting the lowest responsive bid, and to issue a notice to proceed with the Contract notwithstanding any pending or continuing challenge to its determination. 4 1:\eclerk\Resolutions\Res 7500-7599\7575 Bid Protest Procedures 10 6 15.doc