(1) Before
Bid opening, correction or withdrawal of mistaken Bids for Supplies,
Services, and Public Projects may be permitted in accordance with
applicable provisions identified in the Invitation for Bids (IFB)
or Notice Inviting Bids (NIB), or Specifications otherwise issued
for the Procurement. If a mistake is discovered before bid opening,
the Bid may be withdrawn by written, telegraphic, or electronic notice
to the Director prior to the date and time set for bid opening. Bids
may then be resubmitted prior to the date and time set for bid opening.
(2) After
Bid opening, any request for withdrawal of a Bid for a Public Project,
or for Supplies or Services where bid security is required, shall
be made within five working days after bid opening and in accordance
with Public Contract Code section 5100 et seq., as amended from time
to time.
(3) After
Bid opening for Supplies and Services where bid security is not required
and a Bidder withdraws its Bid or fails to execute the Contract, the
Bidder shall be prohibited from participating in further bidding on
the project unless the Bidder demonstrates good cause for withdrawal
of its Bid.
(Ord. 1605 § 1, 2002; Ord. 2049 § 1, 2021)
(1) The
purpose of the bid protest procedures in this section is to protect
the public interest. The bid protest procedures are not intended to
give losing Bidders an opportunity to evaluate the Bid of the lowest
Responsible Bidder submitting a Responsive Bid and have the award
of Contract overturned to secure the award of Contract for itself.
(2) Any
Bidder submitting a Bid may file a written bid protest with the Director
no more than three business days following the posting of bid results
on the City's website, other distribution generally used by
the City in advising Bidders of the bid results, or from receiving
such other City notice regarding the City's determination of
the apparent low Bidder for the subject Public Project. The written
bid protest must include the name, address, telephone number and email
address of the protesting Bidder and/or the person representing the
protesting Bidder. Bid protests will not be accepted from any subcontractors.
The written bid protest must set forth, in detail, all grounds for
the bid protest, including, without limitation, all facts, supporting
documentation, legal authorities and arguments in support of the grounds
for the protest. All factual contentions must be supported by evidence.
Any matters not set forth in the written bid protest shall be deemed
waived. Any bid protest not conforming to the requirements of this
section shall be rejected as invalid.
(3) A
copy of the written bid protest and all supporting documents will
be transmitted by fax, personal delivery or by e-mail, by the City
to the protested Bidder(s) for their review and response.
(4) A
protested Bidder may submit to the City a written response to the
bid protest within three business days of the protested Bidder's
receipt of the bid protest from the City. The written response must
include the name, address, telephone number and email address of the
responding party for the protested Bidder, with all supporting documentation
used to refute any claims made by the protesting Bidder. The written
response will be transmitted by the City to the protesting Bidder.
The City may, in its sole discretion, use the written response in
its determination of the merits of the bid protest.
(5) The
City Manager, or designee, shall review the merits and timeliness
of the written bid protest and issue a written decision to the protesting
Bidder within 20 business days of receipt of the written bid protest.
The City Attorney shall review and approve all written decisions prior
to issuance to the protesting Bidder. A copy of the final written
decision shall be provided to the protested Bidder(s).
(6) The
City Manager's decision shall constitute the City's formal
and final determination on the bid protest, and the City Manager may
proceed to award a Contract for the Public Project pursuant to the
Signature Authority. For Bids awarded by the City Manager, the City
Manager's decision may not be reconsidered or appealed.
(7) Once
a valid and timely written bid protest has been filed with the Director,
no Contract shall be awarded until the City Manager has issued a written
decision on the bid protest.
(8) For
Bids awarded by the City Council, the City Manager shall, at the time
the Bid is presented to the City Council for award, submit to the
City Council a written report on the bid protest, including the City
Manager's decision. The City Council may, in its sole and absolute
discretion, reconsider the bid protest at the time the Bid is scheduled
for award by the City Council, and reject all Bids, and direct solicitation
of new Bids for the Public Project. Alternatively, the City Council
may proceed to award a contract in the best interests of the City
without consideration of the bid protest.
(Ord. 1605 § 1, 2002; Ord. 1870 § 1, 2015; Ord. 2049 § 1, 2021)
When for any reason collusion or other anti-competitive practices
are suspected among any Bidders, a notice of the relevant facts shall
be transmitted to the State Attorney General and the County of Riverside
District Attorney.
(Ord. 1605 § 1, 2002; Ord. 2049 § 1, 2021)