LA Metro - protest

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Protest Procedures

1 Rev 02/13/06

The following procedures are intended to implement the MTA ProcurementPolicy Manual Chapter 23 - Protest.

PRO-01 FILING OF PROTESTS

A. Appeals related to a Pre-Qualification Denial must be filed in accordance withthe Pre-Qualification Appeal entitled Contractor Pre-Qualification Program(available for download at www.mta.net/EBB/PQA/vprequal.htm).

B. All Protests must be filed and resolved in a manner consistent with therequirements of FTA Circular 4220.1E Third Party Contracting Guidelinesdated June 19, 2003 (available for download athttp://www.fta.dot.gov/legal/guidance/circulars/4200/386_14790_ENG_HTML.htm) and the MTA Procurement Policies and Procedures ManualChapter 23 Protest (available for download at

www.mta.net/EBB/protest.pdf). Upon request, the Contract Administrator(for the subject Bid/Proposal) will provide a copy of either of theaforementioned documents.

C. Terms used in the MTA Procurement Policies and Procedures ManualChapter 23 - Protest, are defined below in Protest Definitions.

PRO-02 PROTEST DEFINITIONS

These definitions shall only apply to Protest Article in either the MTAsInstructions to Bidders or Proposers:

Appeal - Protestors written summary describing the basis for appeal, provided tothe Director of Contract Administration when requesting reconsideration of theDirector of Contract Administrations Protest denial.

Interested Party - Actual or prospective offeror whose direct economic interestwould be affected by the award of a Contract or by the failure to award aContract.

Prospective Offeror - Any bidder/proposer that has the actual capability andcapacity to submit a bid/proposal meeting all the requirements set forth herein.

Protest - A succinct written description of the Protestors objections to the contentof a solicitation or the award of a Contract.

Protestor - An Interested Party that has properly filed a timely Protest.

Timely Filed Protest - A written document filed by a Protestor that meets therequirements outlined in PROTEST REQUIREMENTS below, and either theInstruction to Bidders or Proposers.
http://www.mta.net/EBB/PQA/vprequal.htmhttp://www.fta.dot.gov/legal/guidance/circulars/4200/386_14790_ENG_HTML.htmhttp://www.fta.dot.gov/legal/guidance/circulars/4200/386_14790_ENG_HTML.htmhttp://www.mta.net/EBB/protest.pdfhttp://www.mta.net/EBB/protest.pdfhttp://www.fta.dot.gov/legal/guidance/circulars/4200/386_14790_ENG_HTML.htmhttp://www.fta.dot.gov/legal/guidance/circulars/4200/386_14790_ENG_HTML.htmhttp://www.mta.net/EBB/PQA/vprequal.htm


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PRO-03 PROTEST REQUIREMENTS

A. In order for a Protest to be considered properly, the Protestor shall adhere to

the MTAs Protest procedure by providing a written submission which shallcontain at a minimum:

1. Name and address of the Protestor;

2. Its relationship to the procurement sufficient to establish that the Protestis being filed by an Interested Party;

3. Written proof that Protest has been filed in a timely manner;

4. The specific Contract No. identified in the Letter of Invitation;

5. The specific staff recommendation, MTA Board action, or inaction that isbeing protested;

6. The provision(s) of the solicitation, regulations, and/or laws upon whichthe Protest is based, (i.e. identification of the technical specifications oritem of content in the solicitation);

7. All documentation supporting the allegations in the Protest; and,

8. A statement of the specific relief requested.

If the Protest does not comply with any of the preceding requirements, it maynot be considered for evaluation and may be returned to the Protestor whosubmitted the written documentation without appropriate substantiatinginformation.

B. At the Protestors discretion, a Protest may be filed by electronic facsimile(with original copy by express mail) or by any other return receipt means. TheMTA is not responsible for lost or otherwise delayed deliveries. A Protest notfiled within the time limits herein may be rejected without consideration orevaluation.

C. To be considered timely, Protests concerning the content of an Bid/Proposal,including all attached documents must be filed with the MTA within ten (10)calendar days after the MTA first advertises the Bid/Proposal and receivednot later than 5:00 p.m. (local time) on the tenth day. If the tenth calendar dayfalls on a weekend or legal holiday, the Protest period ends at 5:00 p.m.(local time) the following business day.

D. The MTA shall issue a written decision on the Protest for content prior toopening or submission of proposals.

E. Protests concerning a recommendation for award, on any ground not basedupon the content of the Bid/Proposal, must be filed with the MTA by anInterested Party within fifteen (15) calendar days after the MTA mails therecommendation for award notice and received not later than 5:00 p.m. (local


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time). If the fifteenth calendar day falls on a weekend or legal holiday, theProtest period ends at 5:00 p.m. (local time) the following business day.

F. For procurements conducted in accordance with California Public UtilitiesCode Section 130238, a Protestor filing a Protest concerning the solicitationcontent or the recommendation for award has the opportunity to appear andbe heard before the MTA Board prior to final award.

G. The MTA will acknowledge only one Protest on Bid/Proposal content. Anyadditional Protests must be filed within the designated time after proposalsubmittal.

H. An Appeal to the CEO concerning a denial to a Protest, relating to arecommendation for award solicited by this Bid/Proposal must be filed by anInterested Party within five (5) calendar days after the denial of the Protest.

I. The date of filing must be the date of receipt by the MTA Director, ContractAdministration.

J. All Protests must be filed in writing to:

Director, Contract AdministrationLos Angeles County Metropolitan Transportation AuthorityOne Gateway Plaza, 12th FloorLos Angeles, CA 90012

No other location, or addressee shall be acceptable.

Note: Appeals addressed to the attention of the MTAs CEO must bedelivered to the above address for date and time stamping.

K. The MTA will respond to each substantive issue raised in all timely filedProtests concerning content or contract award. The Director shall make awritten determination of the Protest, within forty-five (45) working days fromreceipt of Protest. Any decision rendered by the Director may be appealed tothe MTAs CEO.

L. The Protestor may withdraw its Protest or Appeal at any time before the MTAissues a final decision.

M. For those Contracts under the CEOs awarding authority established by PUC130051.9, a Protest review committee will be established.

PRO-04 APPEALS TO THE FTA

A. If the requirements of the Bid/Proposal are federally funded and all the MTAadministrative remedies described above have been exhausted, a Protestormay file a Protest with the FTA. FTA appeal reviews will be limited to failure


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to comply with the MTAs Protest procedures. In addition, the FTA will alsoreview Protests that involve "Conflict of Interest" or "Fraud".

B. All Appeals to the FTA must be submitted to the cognizant FTA Regional orHeadquarters Office as follows:

Federal Transit AdministrationRegional Administrator Region IX211 Main Street, Suite 1160San Francisco, CA 94105

C. All Appeals to the FTA must be submitted within five (5) working days afterthe date the Protestor knew or should have known of the MTAs violation.

Documents

LA Metro - protest