Procurement Protest Procedure

Submit their pre-award Notice of Protest

Vendors and taxpayers who wish to protest the legitimacy of any procurement action must submit their pre-award Notice of Protest in writing no less than eight (8) working days before the proposal opening date. To protest a proposed award, vendors and taxpayers must file a protest within seven (7) business days of the award of a contract or notice of apparent successful proposer/bidder, whichever is sooner.

The Notice of Protest process

1. The Notice of Protest shall detail all issues and facts applicable to the protest. Issues and facts not stated in the Notice of Protest will not be considered.
2. A meeting or meetings will be called within three (3) working days of receipt of the protest and will include representatives from BFT and the protesting party to discuss the issue related to the protest. The protest meeting may be held in person or by teleconference.
3. The BFT General Manager will make a final determination within three (3) working days of the final meeting, and the protestor shall be notified of the decision in writing by the Authority by regular mail.
4. The General Manager may, at their sole discretion, extend the limits of the timeline outlined above.
5. The decision of the General Manager shall be final. Any appeal of the Manager’s decision will be governed by the FTAFederal Transit Administration (formerly UMTA - Urban Mass Transit Administration) More, if applicable.
6. Failure of the protestor to specify their objections in writing and follow the specified time deadlines shall constitute a waiver of all right to protest.

Protest procedure included in solicitation requirements.

This protest procedure shall be made known to all prospective contractors and is included or referenced in the requirements section of all solicitation documents.

BFT shall be responsible for compiling and maintaining the written protest record.

All communications with the parties involved, including BFT staff or board members concerning the protest, shall be in writing and will be open for public inspection. BFT shall be responsible for compiling and maintaining the written protest record.

FTAFederal Transit Administration (formerly UMTA - Urban Mass Transit Administration) More protest filing for procedural noncompliance per Circular 4220.1F

The FTAFederal Transit Administration (formerly UMTA - Urban Mass Transit Administration) More may entertain a protest that alleges that BFT has failed to have or to follow written protest procedures. Vendors or taxpayers must file such a protest with the FTAFederal Transit Administration (formerly UMTA - Urban Mass Transit Administration) More no later than five (5) days after the Manager has rendered their final decision or five (5) days after the protestor knows or has reason to know that the Manager has failed to render their final decision. Such protest to the FTAFederal Transit Administration (formerly UMTA - Urban Mass Transit Administration) More must be filed per FTAFederal Transit Administration (formerly UMTA - Urban Mass Transit Administration) More Circular 4220.1F, as periodically updated.

Timeline

When a protest has been timely filed with BFT before award, BFT shall not make an award prior to five (5) days after the resolution of the protest, or if a protest has been filed with the FTAFederal Transit Administration (formerly UMTA - Urban Mass Transit Administration) More during the pending of that protest unless BFT determines that:

1. The items to be procured are urgently required.
2. Delivery or performance will be unduly delayed by failure to make the award promptly.
3. Failure to make a prompt award will otherwise cause undue harm to BFT or the federal government.

If BFT determines that the award will be made during the five- (5) day period following the local protest decision or the pending protest, BFT shall notify the FTAFederal Transit Administration (formerly UMTA - Urban Mass Transit Administration) More before making such an award. The FTAFederal Transit Administration (formerly UMTA - Urban Mass Transit Administration) More will not review the sufficiency of BFT’s determination to award during the pending protest before the FTA’s proposal protest decision. The FTAFederal Transit Administration (formerly UMTA - Urban Mass Transit Administration) More reserves the right not to participate in funding any contract awarded during the pending protest.