Scope:

This policy shall apply to solicitations processed through the Purchasing Division.  In no event will a protest be considered if all bids or proposals were rejected, and/or the solicitation was shut down with no award.

Procedure:

1. GROUNDS FOR PROTEST: Only protests meeting the parameters as detailed under each protest type below will be accepted:
   1. Protest of Bid/Proposal Specifications: Any prospective Bidder or Proposer may submit a protest of Bid/Proposal Specifications based upon restrictive specifications or alleged improprieties in any type of formal solicitation, which are apparent prior to Bid opening date or RFP closing date, should be filed no later than three (3) working days prior to Bid opening date or RFP closing date.  Any prospective Bidder or Proposer filing such a protest bears the burden of proof in showing that the solicitation document contains such a defective technical, administrative, or cost specification requirement. 

2. Protest of Award: After award, protests alleging non-compliance with procedures described in the solicitation or County policy may be submitted by any actual vendor that submitted a bid or proposal in response to the formal solicitation in question, and are to be submitted in writing (via email, U.S. Mail or courier) and received by the Purchasing Manager, 200 West Oak Street, Suite 4000, P.O. Box 1190, Fort Collins, CO 80522 within ten (10) working days after the Award has been published on Rocky Mountain E-Purchasing System (Bidnet).  Protests received after the 10-working day deadline will not be considered by the County.

2.  PROCESS: The objection must include, at a minimum, the following:
   1. The name and address of the party filing the objection, including their firm’s name
   2. Appropriate identification of the procurement by Bid or Proposal number
   3. A statement of the reasons for the objection
   4. All available exhibits, evidence, or documents substantiating the objection

3.  DECISION: The Purchasing Manager shall make the decision, in writing, on an objection within seven (7) working days after receiving all relevant, requested information.  This decision shall be based on, and limited to, a review of the issues raised by the aggrieved vendor and shall set forth each factor taken into account in reaching the decision.  The decision of the Purchasing Manager is final.

4. WITHHOLDING OF AWARD: When an objection has been filed before award, the County will not make an award prior to the resolution of the objection.  When an objection has been filed before the opening of bids or closing of request for proposals, the County will put the solicitation on hold prior to the resolution of the objection, unless the County determines that:
   1. The items to be procured are urgently required; or
   2. Delivery or performance will be unduly delayed by failure to make the award promptly; or
   3. Failure to make prompt award will otherwise cause undue harm to the County.