There are two types of protests that may be filed regarding this procurement; pre-proposal/bid protests and post award protests. Pre-proposal/bid protests are protests related to the content of the IFB or RFP, being overly restrictive, or alleged improprieties in the procurement procedure. Post-award protests are protests objecting to the award of a contract after the competitive procurement process, including an alleged violation of applicable law and/or agency policy or procedure relative to the seeking, evaluating and/or awarding of a procurement contract under a solicitation.
MOVTA will advise FTA of any protests of procurements containing FTA funding and keep FTA advised of the outcome of the protest.
A protest will not be considered valid unless it is submitted in writing within the time limits specified herein and contains at least the following information:
- Name, address, phone number and email address of protester
- Clear identification of the solicitation being protested
- Clear identification of the reason(s) for the protest
- A statement regarding the relationship of the protester to the procurement sufficient to establish a direct economic interest in the procurement or award (i.e., standing to protest)
- Include copies of any supporting documents
- A statement of the specific relief being sought
A pre-proposal/bid protest must be filed within seven (7) calendar days prior to the date set for bid opening or the receipt of proposals Post-award protests must be filed within ten (10) calendar days of notice of award (measured from the date MOVTA e-mails the notice of award to all who submitted proposals). In the event a due date falls on a weekend or national holiday, the period ends at 5:00p.m local time on the next business day.
Protests shall be delivered to the same office and same person to whom the bid or proposal documents were required to be delivered. MOVTA will stamp the protest with the time and date it was received.
Receipt of Protest
The receipt of a protest will be acknowledged in writing to the protester. For a pre-bid/pre-proposal protest, MOVTA will issue an Addendum delaying bid opening or the date for receipts of proposals. After completion of the protest proceedings, MOVTA will issue an addendum re-establishing the bid opening date or date of receipt of proposals.
Notice of receipt of a post-award protest will be given to the bidder or proposer recommended to receive the contract. A contract will not be awarded while a protest is still pending.
An entity may intervene in a protest by written demonstration that the intervener has a direct economic interest in the procurement.
The MOVTA General Manager shall respond to each valid protest with a written response. Pre-bid/pre-proposal protests will be responded to within fifteen (15) working days of receipt of the protest. Post award protests will be responded to within twenty five (25) days of receipt of the protest.
A protester may appeal the determination to the governing board by filing a written appeal with the General Manager within ten (10) days of the mailing of the response to the protester. The General Manager shall expeditiously refer the appeal to the governing board.
Effect of Judicial Proceedings
MOVTA may refuse to decide any protest where the matter involved is the subject of litigation before a court of competent jurisdiction, or has been decided on the merits by such a court.
Appeal to the Federal Transit Administration
The Federal Transit Administration will only consider appeals based on the following:
- The MOVTA failed to follow its protest procedures, or;
- The protest alleges a violation of federal law