City of Palm Springs, CA BID PROTEST PROCEDURES

(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 If a mistake is discovered before bid opening, the Bid may be withdrawn by written, telegraphic, or electronic notice to the Director prior to the date and time set for bid opening.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)