SCMTD February 2004 Board of Directors Agendas - Santa Cruz ...
SCMTD February 2004 Board of Directors Agendas - Santa Cruz ...
SCMTD February 2004 Board of Directors Agendas - Santa Cruz ...
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PART VII<br />
SANTA CRUZ METROPOLITAN TRANSIT DISTRICT<br />
PROTEST PROCEDURE<br />
PROCUREMENT PROTESTS<br />
All protests shall be filed, handled and resolved in a manner consistent with the requirements <strong>of</strong> Federal Transit<br />
Administration (FTA) Circular 4220.1E Third Party Contracting Guidelines dated June 19, 2003 and the <strong>Santa</strong> <strong>Cruz</strong><br />
Metropolitan Transit District’s (DISTRICT) Protest Procedures which are on file and available upon request.<br />
Current FTA Policy states that: "Reviews <strong>of</strong> protests by FTA will be limited to:<br />
(1) a grantee’s failure to have or follow its protest procedures, or its failure to review a complaint or protest; or<br />
(2) violation <strong>of</strong> Federal law or regulation.<br />
An appeal to FTA must be received by the cognizant FTA regional or Headquarters Office within five (5) working<br />
days <strong>of</strong> the date the protester learned or should have learned <strong>of</strong> an adverse decision by the grantee or other basis <strong>of</strong><br />
appeal to FTA” (FTA Circular 4220.1E, Section 7, paragraph l., Written Protest Procedures)<br />
Protests relating to the content <strong>of</strong> this Request for Proposal (RFP) package must be filed within ten (10) calendar days<br />
after the date the RFP is first advertised. Protests relating to a recommendation for award solicited by this RFP must be<br />
filed by an interested party within five (5) calendar days after the staff's written recommendation and notice <strong>of</strong> intent to<br />
award is issued to the <strong>of</strong>ferors. The date <strong>of</strong> filing shall be the date <strong>of</strong> receipt <strong>of</strong> protests or appeals by the DISTRICT.<br />
All Protests shall be filed in writing with the Assistant General Manager, <strong>Santa</strong> <strong>Cruz</strong> Metropolitan Transit District, 370<br />
Encinal Street, Suite 100, <strong>Santa</strong> <strong>Cruz</strong>, CA 95060. No other location shall be acceptable. The DISTRICT will respond<br />
in detail to each substantive issue raised in the protest. The Assistant General Manager shall make a determination on<br />
the protest normally within ten (10) working days from receipt <strong>of</strong> protest. Any decision rendered by the Assistant<br />
General Manager may be appealed to the <strong>Board</strong> <strong>of</strong> <strong>Directors</strong>. The Protester has the right within five (5) working days <strong>of</strong><br />
receipt <strong>of</strong> determination to file an appeal restating the basis <strong>of</strong> the protest and the grounds <strong>of</strong> the appeal. In the appeal,<br />
the Protester shall only be permitted to raise factual information previously provided in the protest or discovered<br />
subsequent to the Assistant General Manager’s decision and directly related to the grounds <strong>of</strong> the protest. The <strong>Board</strong> <strong>of</strong><br />
<strong>Directors</strong> has the authority to make a final determination and the <strong>Board</strong> <strong>of</strong> Director's decision shall constitute the<br />
DISTRICT's final administrative remedy.<br />
In the event the protestor is not satisfied with the DISTRICT's final administrative determination, they may proceed<br />
within 90 days <strong>of</strong> the final decision to State Court for judicial relief. The Superior Court <strong>of</strong> the State <strong>of</strong> California for the<br />
County <strong>of</strong> <strong>Santa</strong> <strong>Cruz</strong> is the appropriate judicial authority having jurisdiction over Proposal Protest(s) and Appeal(s).<br />
Bid includes the term "<strong>of</strong>fer" or "proposal" as used in the context <strong>of</strong> negotiated procurements.<br />
The Offeror may withdraw its protest or appeal at any time before the DISTRICT issues a final decision.<br />
Should the DISTRICT postpone the date <strong>of</strong> proposal submission owing to a protest or appeal <strong>of</strong> the solicitation<br />
specifications, addenda, dates or any other issue relating to this procurement, the DISTRICT shall notify, via addendum,<br />
all parties who are on record as having obtained a copy <strong>of</strong> the solicitation documents that an appeal/protest had been<br />
filed, and the due date for proposal submission shall be postponed until the DISTRICT has issued its final decision.<br />
A letter <strong>of</strong> protest must set forth the grounds for protest and shall be fully supported with technical data, test results, or<br />
other pertinent information related to the subject being protested. The Protestor is responsible for adhering to the<br />
DISTRICT's protest procedures.<br />
VII-1