MSRC Bid Protest Procedure
A. It is the policy of the MSRC to consider protests from bidders or prospective bidders regarding MSRC’s procurement actions. The MSRC will respond to valid and timely protests. If the MSRC determines that the protest is frivolous, the protester may be deemed ineligible for future contract awards.
1. General – The procedure set forth herein is mandatory. Failure by a protester to comply with this procedure will constitute a waiver of any right to further pursue the protest, including the filing of a claim under the relevant Government Code section or initiating legal proceedings. In no event will a protest be considered if all proposals are rejected.
2. Submission of Protests – Protests must be submitted in writing to the AQMD Procurement Manager, 21865 Copley Drive, Diamond Bar, CA, 91765. A valid protest must include at a minimum:
- Name, address and telephone number of the protester or its representative;
- The procurement action being protested;
- Detailed description of the specific legal and factual grounds of the protest, which include identifying the specific provisions of the solicitation, rules, regulations or laws upon which the protest is based
- Copies of all (or any) documentation supporting the allegations in the protest; and
- The specific relief requested.
3. Types of Protests and Deadlines to File – the MSRC will recognize the following types of protests:
- Protest Regarding Solicitation – An interested party that is an actual or prospective bidder with a direct economic interest in the procurement may file a protest based on unduly restrictive or defective specifications or other apparent improprieties in the solicitation process affecting the interested party’s ability to submit a proposal and/or qualifications statements. Such protests must be received no later than ten (10) days prior to the deadline to submit proposals.
- Protest Regarding Award of Contract – An actual bidder may file a protest regarding the award of a contract, based on the MSRC’s determination of the responsiveness of the proposals, errors in calculation, or other apparent improprieties in the evaluation of proposals affecting the ranking/scoring of the proposals. In addition, a protest may be made on the grounds that the party awarded the contract fraudulently represented itself as a responsible bidder or that the MSRC violated any local, State or federal laws in awarding the contract. Such protests must be received no later than seven (7) days after the contract has been recommended for an award by the MSRC.
4. MSRC’s Response to Protests – Upon receipt of a valid and timely protest, the MSRC Chair, or designee, will investigate the protest and will provide a written response to the protester within a reasonable time. If necessary, the MSRC Chair, or designee, may extend the deadline to submit proposals to allow for a reasonable time to review the protest. The MSRC Chair shall not forward a recommendation for contract award and implementation to the AQMD Governing Board until the protest is resolved or denied.
5. Protest Remedies – If the protest is upheld, the MSRC Chair, or designee, will consider all circumstances surrounding the procurement in his or her decision for a fair and reasonable remedy, including the degree of prejudice to the protester or to the integrity of the competitive procurement process, the urgency of the procurement, the cost to the MSRC, and the impact of the proposed remedy. The remedy (subject to approval by the AQMD Governing Board, if necessary) may include, but is not limited to, reissuance of the solicitation, revised evaluation of the proposals, or reconsideration of the contract award by the MSRC.