(A) Upon completion of the evaluation of all bids for a particular procurement, the Purchasing Manager shall issue a notice of bid/proposal action. This notice, containing the date and time of issuance, shall be posted on the city website and on the Internet bid service websites named in the bid documents.
(B) A bidder with a “substantial interest” who has been adversely affected by the city’s selection of a bidder may protest the selection by complying with the requirements set forth herein. A bidder shall be deemed to have a “substantial interest” if the bidder would have been selected as the lowest responsive and responsible bidder but for the alleged mistake or irregularly described in the protest. If the Purchasing Manager determines that a bidder does not have a “substantial interest,” that bidder is precluded from bringing a protest pursuant to this section.
(C) A bidder wishing to object to terms, conditions, specifications, procedures, selection criteria, weight of evaluation criteria or other matter set forth in the bid or proposed documents must make such objections in writing during the period of time set forth for questions and answers in the invitation to bid, request for proposal, request for qualifications or request for letters of interest. A bidder who has not raised such objections in writing during the question and answer time may not use the bid protect process to object to these matters once a notice of bid/proposal action has been posted.
(D) A bidder may file a “Notice of Intent to Protest” by emailing said notice to the Purchasing Manager within two business days of the issuance of the notice of bid/proposal action pursuant to division (A) or the publication of a City Commission agenda recommending the award of the bid, whichever is sooner. Such notice of protest shall include the bid or proposal number and title, the name and address of the protester, and a brief statement as to the basis of the protest.
(E) The complete written protest must be filed with the Purchasing Manager within ten calendar days of the issuance of the notice of bid action. To be considered, the written protest must include:
(1) Bid or proposal number and title;
(2) Company name, protester’s name and title, physical address of protester, and email address of protester;
(3) The facts and law upon which the protest is based; and grounds not stated shall be deemed waived;
(4) Rules, regulations or statutes pertinent to the protest;
(5) Relief which the protester seeks;
(6) Any other information that the protester deems to be material to the protest; and
(7) A bid protest bond in the form of a certified check, cashier’s check, or money order made payable to the City of Pembroke Pines in an amount equal to 5% of the protester’s bid or $5,000, whichever is less. If the protest is upheld by the city, the bond will be refunded to the protester. If the protest is denied, the entire bond amount shall be forfeited to the city.
(F) Upon receipt of a timely filled and complete formal written protest, the Purchasing Manager shall stay the award of the purchase order or contract until the protest is resolved, unless the Purchasing Manager determines in writing that compelling circumstances exist which require that the award be processed without further delay, in order to protect the city’s interest or for the purpose of avoiding an immediate and serious danger to the public health, safety or welfare.
(G) After receipt of the timely filed and complete written protest, and upon the protester’s request, the Purchasing Manager shall meet with the protester to discuss the allegations and to attempt to resolve the matter. The Purchasing Manager shall issue his or her decision on the protest within 14 calendar days of the meeting, or if no meeting is requested, within 14 days of receipt of the timely filed and complete written protest. Such decision shall be e-mailed to the protester on the date of issuance unless otherwise directed by the protester.
(H) The protester may appeal the decision of the Purchasing Manager to the City Manager by filing a written appeal with the City Clerk’s office within three business days of issuance of the Purchasing Manager’s decision. The appeal must be in writing and must include a full explanation of the basis of disagreement with the decision rendered by the Purchasing Manager, as well as the relief sought. The City Manager shall overturn the selection if the protester proves that the selection did not comply in material respects with the requirements contained in the invitation to bid, request for proposal, request for qualifications or request for letters of interest; with this procurement code, or with Florida law. The decision of the City Manager shall be final. The City Manager’s decision shall be e-mailed to the protester on the date of issuance unless otherwise directed by the protester.
(I) Failure by a bidder to comply with the timelines and requirements set forth herein shall result in an immediate invalidation and termination of the protest and a waiver of the right to seek further redress or to appeal the alleged adverse action in a court of law.
(J) Any and all costs incurred by a protesting party in connection with a protest pursuant to this section shall be the sole responsibility of the protesting party.
(Ord. 1772, passed 4-9-14; Am. Ord. 1924, passed 5-15-19)