Madera County Municipal Code Ch. 2.19 Bid Protest Procedures

The term "public project", as used in this chapter, shall have the same meaning as that term is defined in Section 20150.2, or 22002(c), of the Public Contract Code.

(Ord. No. 651, § 2, 7-27-10).

Any county of Madera public project for which competitive bidding is required by law may be the subject of a bid protest under this chapter.

(Ord. No. 651, § 2, 7-27-10).

Grounds for bid protests shall be limited to computation errors, or violations of local, state, or federal law relating to the determination of low bidder.

(Ord. No. 651, § 2, 7-27-10).

Any person or entity that submitted a bid on a county of Madera public project may file a bid protest under this chapter. An individual or entity may not file a bid protest on behalf of an individual or entity that the protestor is not directly affiliated with. An interested trade association, or industry group, may file a bid protest under this chapter provided that the trade association or industry group identifies in Its bid protest the basis of its' interest in the public project bid being protested.

(Ord. No. 651, § 2, 7-27-10).

Bid protests must be submitted in writing; facsimile and e-mail bid protests will be rejected. Bid protests must be complete at the time of submittal; the bid protest may not be supplemented after submittal. Bid protests must identify the project bid being protested by name and number. Bid protests must identify the grounds for the protest and must state all factual and legal grounds for the protest; an individual or entity may not submit more than one bid protest for a project. Bid protests must include copies of all documents forming the basis for the protest. Bid protests must be signed by the person submitting the protest.

(Ord. No. 651, § 2, 7-27-10).

Bid protests must be filed at the office of the project manager for the county of Madera public project being protested.

(Ord. No. 651, § 2, 7-27-10).

Bid protests regarding a county of Madera public project must be filed by five p.m. of the fifth business day after the posting of the bid results. Bid protests received after this time and date will be rejected as untimely.

(Ord. No. 651, § 2, 7-27-10).

A complete copy of the bid protest shall be provided to the low bidder identified in the posting of the bid results for the project bid being protested; the bid protest copy shall be provided at the same date and time as is required for filing the bid protest.

(Ord. No. 651, § 2, 7-27-10).

County's evaluation of bid protests will be made by the director of the resource management agency, or the director's designee, in consultation with county counsel.

(Ord. No. 651, § 2, 7-27-10).

No hearing will be held on bid protests; evaluation of bid protests will be made solely upon the written documentation submitted.

(Ord. No. 651, § 2, 7-27-10).

A bid protest will be sustained if the resource management agency director, or the director's designee, determines there has been a computation error or a violation of law that alters the bid results.

(Ord. No. 651, § 2, 7-27-10).

After evaluating the bid protests, the resource management agency director, or the director's designee, shall issue a written decision sustaining or denying the bid protest(s). The written decision on the bid protest(s) shall contain a statement of the reason(s) for sustaining or denying the bid protest. The decision of the resource management agency director, or the director's designee, shall be final.

(Ord. No. 651, § 2, 7-27-10).

County's decision re bid protests shall be in writing and shall be communicated to the protesting bidder(s) via U.S. Mail, by five p.m. of the fifth business day after the deadline for submittal of bid protests.

(Ord. No. 651, § 2, 7-27-10).

The contract for the public project that is the subject of one or more bid protests shall not be awarded until after the county's decision re the bid protest has been communicated to the protesting bidder(s).

(Ord. No. 651, § 2, 7-27-10).