Article III

Protest Procedures for Contracts Funded by the Federal Transportation Administration

The U.S. Department of Transportation Federal Transit Administration ("FTA") provides funding for local transportation agencies including the Norwalk Transit System. The FTA requires that the City's procurement procedures include a provision regarding protest procedures and the purpose of this article is to comply with the provisions of the U.S. Department of Transportation FTA requirements.

(Ord. 21-1722 § 2)

Any actual or prospective bidder, offeror or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Purchasing Authority. (Ord. 21-1722 § 2)

Protests shall be made in writing to the Purchasing Authority, within 10 calendar days before the bid opening or within five days after the bid opening, or within five business days prior to the recommendation to City Council to award of a contract. A protest filed after the 10 calendar day or five business-day period will not be considered. Protests shall also be made, in writing, if required, to any other state or Federal agency, from which the City receives grant funds. (Ord. 21-1722 § 2)

Protesters may file a protest on any phase of the solicitation or award, including, but not limited to, specifications, preparation, bid solicitation, award or disclosure of information marked confidential in the bid or offer.

(Ord. 21-1722 § 2)

The protest shall include the name and address of the protestor; appropriate identification of the procurement, and if the contract has been awarded, its bid number; a statement of reasons for the protest; and supporting exhibits, evidence or documents to substantiate any claims unless not available within the filing time, in which case the expected availability date shall be indicated. (Ord. 21-1722 § 2)

The Purchasing Authority shall submit a copy of the protest to the City's Attorney within three days of receipt of written protest. (Ord. 21-1722 § 2)

Any additional information requested by any of the parties should be submitted within the time

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City of Norwalk, CA

NORWALK CODE

§ 3.20.210

§ 3.20.250

periods established by the requesting source in order to expedite consideration of the protest. Failure of any party to comply expeditiously with a request for information by the Purchasing Authority may result in resolution of the protest without consideration of any information which is untimely filed pursuant to such request.

(Ord. 21-1722 § 2)

When a protest has been filed within the designated time frame and before an award has been made, the Purchasing Authority shall make no award of the contract until the protest has been settled and the City's Attorney has advised to proceed with the award.

The decision of the Purchasing Authority regarding proceeding with award of contract is appealable to the City Manager. If no appeal to the City Manager is filed in writing within 10 calendar days from the decision by the Purchasing Authority, the decision by the Purchasing Authority shall be final.

Should an appeal be received by the City Manager within the designated time frame, a written response will be provided to the protester within five business days and shall be considered final.

The City reserves the right to proceed with the award of a bid/proposal pending the resolution of a protest when it is determined by the Purchasing Authority that:

• A. The item(s) and/or service(s) to be procured and/or performed require expeditious delivery;

• B. Delivery and/or performance will be unduly delayed by failure to make the award promptly; or

• C. Failure to make prompt award will otherwise cause undue harm to the City and/or FTA funding requirements.

• (Ord. 21-1722 § 2)

The Purchasing Authority shall provide information to any interested party only when advised by the City's Attorney to do so.

(Ord. 21-1722 § 2)

A decision on a protest shall be made by the Purchasing Authority as expeditiously as possible after receiving all relevant, requested information, and only when advised by the City's Attorney to do so.

(Ord. 21-1722 § 2)

The City Attorney shall determine the extent of the costs to be incurred in connection with the solicitation, including bid preparation costs other than attorney's fees, when a protest is sustained and the protesting bidder or offeror should have been but was not awarded the contract under the solicitation.

(Ord. 21-1722 § 2)

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City of Norwalk, CA

REVENUE AND FINANCE

§ 3.20.260

§ 3.20.280