Procurement Protest Procedures

Written Protest Procedures

The Greenville Transit Authority (GTA) has devised a written protest procedure to handle and resolve disputes relating to procurements. All protest decisions must be in writing. These procedures are designed to help resolve concerns on a schedule in order to quickly resolve any issues while minimizing costs.

FTA Notification

When Federal Transit Administration (FTA) funds are used in a project, FTA will be notified of all bid protests. The GTA Executive Director will provide copies of bid protest letters and GTA’s responses to the FTA and will keep FTA informed about the status of the protest. The GTA Executive Director will notify FTA of all denials of bid protests.

Grounds for Protest

Any interested party may file a bid protest with The GTA on the grounds that:

The GTA has failed to comply with applicable Federal or State Law:
The GTA has failed to comply with its procurement procedures;
The GTA has failed to comply with the terms of the solicitation in question, including the failure to adhere to the evaluation criteria set forth in the solicitation, if applicable;
The GTA has issued restrictive or discriminatory specifications; or,
Award is made to other than the lowest responsive and responsible bidder on formally advertised (IFB) procurements.

Contents of Protest

A bid protest must be filed in writing and must include:

The name and address of the protestor.
The name and number of the procurement solicitation.
A detailed statement of the grounds for the protest, including all relevant facts and a citation to the Federal or State law, the provision of the GTA procurement procedures, or specific term of the solicitation alleged to have been violated.
Any relevant supporting documentation the protesting party desires the GTA to consider in making its decision.
The desired relief, action, or ruling sought by the protestor.

Protests must be filed with: Procurement Administrator, City of Greenville Procurement Division - 206 S. Main Street, Greenville, SC 29601

All protests must be received at the City of Greenville address listed above during normal office hours of 8:00 a.m. to 5:00 p.m.

If any of the information required by this section is omitted or incomplete, The GTA will notify the protestor, in writing, within one day of the receipt of the protest, and the protestor will be given one day to provide the omitted or incomplete information in order for the protest to be further considered. Note that this provision only applies in the case of a failure to state any grounds for a protest and does not apply to stating inadequate grounds for a protest or the failure to submit documentation.

Authority to Resolve Protested Solicitations – Potential Bidders

This type of Protest includes any claim that the Bid solicitation contained unduly restrictive, exclusionary, or discriminatory specifications, any challenge to the basis of award, or any claim that the solicitation documents or the solicitation process violated applicable Federal or State law, or that the GTA failed to follow these Regulations.

Right to Protest. Any potential bidder, offeror, contractor who is aggrieved in connection with the solicitation of a contract shall protest to the GTA Executive Director within five (5) business days of the date of issuance of the Invitation for Bids or Request for Proposals or other solicitation documents. A protest shall be in writing, submitted to the GTA Executive Director and shall set forth the grounds of protest and the relief requested with enough particularity to give notice to the issues to be decided.

GTA to Resolve Protests. The GTA Executive Director, in coordination with, and under the advisement of the City Purchasing Administrator and the City Attorney’s Office, shall have the authority, prior to the commencement of an action in court concerning the controversy, to settle and resolve a protest by a potential aggrieved bidder, offeror, or a contractor concerning the solicitation of a contract.

Decision. If a protest is not resolved by mutual agreement, the GTA Executive Director, in coordination with the City Purchasing Administrator and the City Attorney shall issue a response in writing within ten (10) working days after receipt of the protest. The response shall state the decision and the reasons for the action taken. The response may provide for additional time in which a decision will be made. A copy of the decision shall be mailed or otherwise furnished immediately to the person making the protest and any other intervening party. A decision shall be final and conclusive.

Authority to Resolve Protests – Actual Bidders / Proposer

This type of Protest includes any challenge to determinations by the GTA of the responsiveness of a Bid or the responsibility of a Bidder, or any claim that the evaluation of Bids violated Federal or State law or these Regulations.

Right to Protest. Any actual bidder, offeror, proposer who is aggrieved in connection with any solicitation, pre-award, or the intended award of a contract shall protest to the GTA Board of Directors via the GTA Executive Director within five (5) business days of the date of notification of award. A protest shall be in writing to the GTA Board of Directors and shall set forth the grounds of protest and the relief requested with enough particularity to give notice of the issues to be decided.

Authority to Resolve Protests. The GTA Board of Directors, in coordination with the GTA Executive Director, and under the advisement of the City Purchasing Administrator and City Attorney, shall have authority, prior to the commencement of an action in court concerning the controversy, to settle and resolve a protest by an actual aggrieved bidder, offeror, or a contractor concerning the award of a contract. The GTA Board of Directors via the GTA Executive Director may provide a copy of the protest to the successful bidder or proposer and afford that person or firm an opportunity to comment.

Authority to Resolve Protests – After Award

This type of Protest will only be considered by the GTA if the protestor is able to demonstrate that the Bidder who was awarded the contract fraudulently represented itself as a responsible Bidder or that the GTA violated Federal or State law or these Regulations in awarding the contract.

Right to Protest. Any actual bidder, offeror, proposer who is aggrieved in connection with any award of a contract shall protest to the GTA Board of Directors via the GTA Executive Director within five (5) business days of the date of notification of award. A protest shall be in writing to the GTA Board of Directors and shall set forth the grounds of protest and the relief requested with enough particularity to give notice of the issues to be decided.

Authority to Resolve Protests. The GTA Board of Directors, in coordination with the GTA Executive Director, and under the advisement of the City Purchasing Administrator and City Attorney, shall have authority, prior to the commencement of an action in court concerning the controversy, to settle and resolve a protest concerning the award of a contract. The GTA Board of Directors via the GTA Executive Director may issue a Stop Work Order, if necessary, pending a resolution of the protest. In this event, the successful bidder or proposer may not recover costs as a change order. If the GTA Executive Director determines that the protestor has not established that the contract was awarded fraudulently or in violation of Federal law or GTA Policy, then the GTA Executive Director has grounds to deny the protest.

Notwithstanding the pendency of a bid protest, the GTA reserves the right to proceed with any appropriate step or action in the procurement process or in the implementation of the contract in the following cases:

Where the item to be procured is urgently required;
Where the GTA determines, in writing, that the protest is vexatious or frivolous;
Where delivery or performance will be unduly delayed, or other undue harm to the GTA will occur, by failure to make the award promptly; or,
Where the GTA determines that proceeding with the procurement is otherwise in the public interest.

Failure to Comply with Requirements

Failure to comply with these protests and appeal requirements will render a protest or an appeal untimely or inadequate and may result in rejection thereof by the GTA.

Exhaustion of Administrative Remedies

A Protester may not commence litigation prior to exhausting all administrative remedies. Failure to exhaust all administrative remedies shall constitute an absolute waiver of the Protester’s right, if any, to commence litigation.

Decision

The GTA Board of Directors, in coordination with the GTA Executive Director, City Purchasing Administrator and City Attorney, shall issue a response in writing within ten (10) working days after receipt of the protest. The response shall state the decision and the reasons for the action taken. The response may provide for additional time in which a decision will be made. A copy of the decision shall be mailed or otherwise furnished immediately to the person making the protest and any other intervening party, and to the person or firm originally designated as the successful bidder or proposer. A decision shall be final and conclusive.

Review of Protest by FTA

Where applicable, review of protests by FTA will be limited to the GTA’s failure to have or follow its protest procedures, or its failure to review a complaint or protest. An appeal to FTA must be received by the cognizant FTA Regional or Headquarters Office within five (5) working days of the date the protestor knew or should have known of the violation and/or five (5) days after the protestor knows or has reason to know that the GTA failed to render a final decision. Such appeals must be filed in accordance with all FTA rules and regulations, and the most current version of FTA Circular 4220.1. The FTA may allow a request for reconsideration if data becomes available that was not previously known, or if there has been an error of law or regulation.

Post-determination protests may include allegations that GTA failed to have or follow written protest procedures.