Protest decision.pdf

Protest Decision Matter of: Pathway Services, Inc.

Case No.: 2020-125

Posting Date: January 21, 2020

Contracting Entity: South Carolina Department of Transportation

Solicitation No.: 5400019180

Description: Intent to Award without Competition Pavement Data Collection

Services

DIGEST

Protest of Sole Source Award is granted. Pathway Services’ letter of protest is included by reference. (Attachment 1)

AUTHORITY

The Chief Procurement Officer1 (CPO) conducted an administrative review pursuant to S.C.

Code Ann. §11-35-4210(4). This decision is based on materials in the procurement file and applicable law and precedents.

1 The Materials Management Officer delegated the administrative review of this protest to the Chief Procurement Officer for Information Technology.

Protest Decision, page 2 Case No. 2020-125 January 21, 2020

BACKGROUND

Intent to Sole Source Published 01/02/2020 Protest Received 01/09/2020

ANALYSIS

The SC Department of Transportation published an intent to sole source pavement data collection services to Cyclomedia Technology, Inc. on January 2, 2020. Pathway Services protested on January 9, 2020, that there is competition for these services. SCDOT notified the

CPO on January 14, 2020 that:

SCDOT agrees with Pathway Services and will cancel the Intent to Sole Source and issue a solicitation.

(Attachment 2)

DECISION

For the reasons stated above, the award to Cyclomedia Technology, Inc. is cancelled, and the procurement is remanded to the Department of Transportation for solicitation in accordance with the SC Consolidated Procurement Code.

For the Materials Management Office

Michael B. Spicer Chief Procurement Officer

Attachment 1

Attachment 2

STATEMENT OF RIGHT TO FURTHER ADMINISTRATIVE REVIEW

Protest Appeal Notice (Revised June 2019)

The South Carolina Procurement Code, in Section 11-35-4210, subsection 6, states:

(6) Finality of Decision. A decision pursuant to subsection (4) is final and conclusive, unless fraudulent or unless a person adversely affected by the decision requests a further administrative review by the Procurement Review Panel pursuant to Section 11-35-4410(1) within ten days of posting of the decision in accordance with subsection (5). The request for review must be directed to the appropriate chief procurement officer, who shall forward the request to the panel or to the Procurement Review Panel, and must be in writing, setting forth the reasons for disagreement with the decision of the appropriate chief procurement officer. The person also may request a hearing before the Procurement Review Panel. The appropriate chief procurement officer and an affected governmental body shall have the opportunity to participate fully in a later review or appeal, administrative or judicial.

Copies of the Panel's decisions and other additional information regarding the protest process is available on the internet at the following web site: http://procurement.sc.gov

FILING FEE: Pursuant to Proviso 111.1 of the 2019 General Appropriations Act, "[r]equests for administrative review before the South Carolina Procurement Review Panel shall be accompanied by a filing fee of two hundred and fifty dollars ($250.00), payable to the SC Procurement Review Panel.

The panel is authorized to charge the party requesting an administrative review under the South Carolina Code Sections 11-35-4210(6), 11-35-4220(5), 11-35-4230(6) and/or 11-35- 4410…Withdrawal of an appeal will result in the filing fee being forfeited to the panel. If a party desiring to file an appeal is unable to pay the filing fee because of financial hardship, the party shall submit a completed Request for Filing Fee Waiver form at the same time the request for review is filed.

[The Request for Filing Fee Waiver form is attached to this Decision.] If the filing fee is not waived, the party must pay the filing fee within fifteen days of the date of receipt of the order denying waiver of the filing fee. Requests for administrative review will not be accepted unless accompanied by the filing fee or a completed Request for Filing Fee Waiver form at the time of filing." PLEASE MAKE YOUR

CHECK PAYABLE TO THE "SC PROCUREMENT REVIEW PANEL."

LEGAL REPRESENTATION: In order to prosecute an appeal before the Panel, business entities organized and registered as corporations, limited liability companies, and limited partnerships must be represented by a lawyer. Failure to obtain counsel will result in dismissal of your appeal. Protest of Lighting Services, Case No. 2002-10 (Proc. Rev. Panel Nov. 6, 2002) and Protest of The Kardon Corporation, Case No. 2002-13 (Proc. Rev. Panel Jan. 31, 2003); and Protest of PC&C Enterprises, LLC, Case No. 2012-1 (Proc. Rev. Panel April 2, 2012). However, individuals and those operating as an individual doing business under a trade name may proceed without counsel, if desired.

South Carolina Procurement Review Panel Request for Filing Fee Waiver

1205 Pendleton Street, Suite 367, Columbia, SC 29201

Name of Requestor Address

City State Zip Business Phone

1. What is your/your company’s monthly income? ______________________________

2. What are your/your company’s monthly expenses? ______________________________

3. List any other circumstances which you think affect your/your company’s ability to pay the filing fee:

To the best of my knowledge, the information above is true and accurate. I have made no attempt to misrepresent my/my company’s financial condition. I hereby request that the filing fee for requesting administrative review be waived.

Sworn to before me this _______ day of _______________, 20_______

Notary Public of South Carolina Requestor/Appellant

My Commission expires: ______________________

For official use only: ________ Fee Waived ________ Waiver Denied

Chairman or Vice Chairman, SC Procurement Review Panel

This _____ day of ________________, 20_______ Columbia, South Carolina

NOTE: If your filing fee request is denied, you will be expected to pay the filing fee within fifteen (15) days of the date of receipt of the order denying the waiver.