9-Protest Procedure Form.pdf

TOWN OF PALM BEACH

Protest Procedure Acknowledgement

After the Town has made a determination of the intended award of a contract, Purchasing shall post a tabulation of the bid/proposal evaluation results with intended an award recommendation. Posting shall be made to the Town website under the heading, “Doing Business”. All bidders, proposers, offerors, or contractors affected by the proposed award of contract shall be notified by the Purchasing Division, at the time of posting, via email or facsimile, of the intended award.

Procedure: Any person adversely affected by the decision of award may file a formal written protest within 72 consecutive hours (excluding Saturdays, Sundays and legal holidays) from the time of the initial posting by the Purchasing Division. Protestors shall file their written protests with the Town between the hours of 8:30 and 5:00p.m.

Written protests shall include, at a minimum:

1. The name of the petitioner;

2. The petitioner’s address, email address, phone number, and fax number;

3. The name of the petitioner’s representative, if applicable;

4. The title and bid number of the solicitation;

5. A plain clear statement of the grounds on which the protest is based; and

6. Specific information regarding the relief to which the petitioner deems itself entitled and/or the remedy requested.

A written protest is deemed received by the Town of Palm Beach when it is delivered to and received by the Purchasing Division. Delivery to and receipt by any other Town of Palm Beach staff member is not valid. Formal written protests shall not exceed fifteen (15) type-written pages and in all other respects shall comply with the formatting requirements for an appellate brief as set forth in the Florida Rules of Appellate Procedure.

The Purchasing Manager shall review such protest and shall issue a written decision as soon as practicable after such review is completed. The decision of the Purchasing Manager may be appealed in writing to the Town Manager within three (3) calendar days after the date of the Purchasing Manager’s written decision. The decision of the Town Manager shall be final. An appeal of the Town Manager’s decision may be made to the appropriate court in the Fifteenth Judicial Circuit, Palm Beach County, Florida.

Stay of Procurement during Protest: Purchases which are the subject of a timely protest may be stayed until a final decision by the Town Manager regarding such Protest has been made. The Purchasing Manager shall not proceed further with the Invitation to Bid, RFP, or other purchasing solicitation or award which is the subject of the protest until all administrative remedies have been exhausted and a final decision of the Town Manager has been rendered, unless a determination is made that the continuation of the award process is in the best interest of the Town. In this case, the Town Manager must make a written determination that the execution of a contract without delay is necessary to protect substantial interests of the Town.

Filing Fees: In order to defray a portion of the administrative costs associated with a protest, all protests shall be accompanied by a filing fee in the form of a cashier’s check or money order for an amount equal to ten percent (10%) of the total estimated contract value, but not less than $10,000. Failure to pay the filing fee shall result in a denial of the protest. In the event that a protest is upheld, the filing fee shall be refunded to the protestor.

I hereby acknowledge receipt of this Town of Palm Beach protest acknowledgement form:

Company Name: Name:

Date: Signature:

TOWN OF PALM BEACH - Protest Procedure Acknowledgement