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HomeMy WebLinkAbout5521 - - - ~ - " . - - RESOLUTION NO. 5521 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING CERTAIN PROCUREMENT Ilm~l1c1ecl !>// PROTEST PROCEDURES AS REQUIRED BY THE FEDERAL ~ / URBAN MASS TRANSIT ADMINISTRATION (UMTA) lfeS()/"t,~" .::f'.!>-~ C. (/:;dpj'l'ed .f-1-f,,)wHEREAS, certain protest procurement procedures are required with reference to federally funded projects; and WHEREAS, such procedures exist in the form of guidelines provided by UMTA Circular 4220.1B; and WHEREAS, the City intends to approve and adopt these procedures for utilization where required. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City of Arcadia shall adhere to the protest procedures as outlined in UMTA Guidelines for grantee procurement protest procedures attached and incorporated as part of this Resolution (Exhibit "A") and will specifically provide as follows: 1. Any actual or prospective bidder, offeror or contractor may protest any phase of the solicitation or award of the contract by filing, in writing, within ten (10) days before the bid opening or within five (5) days after the bid opening, a statement indicating the name and address of the protestor, appropriate identification of the procurement and if the contract has been awarded, its bid number, a detailed statement of the reasons of the protest and supporting information to substantiate any protest. -1- 5521 - - - . . .. A. '" - - 2. Such protest shall be reviewed by the Purchasing Officer, in consultation with the City Attorney's office, and a recommendation thereon shall be made to the person or body within the City responsible for making the decision to award the contract. 3. If the decision-maker on the contract is the City Council, the protestor may address the Council during a public meeting at which the recommendation on the protest is submitted to the Council for decision. 4. A decision on the protest shall be made by the applicable decision-maker as expeditiously as possible. 5. A protest not filed in writing within the period set forth in (1) above, shall not be considered. 6. City shall provide notice that UMTA may entertain a protest that alleges the grantee failed to have or to follow written protest procedures. 7. City shall provide notice that a protest must be filed with UMTA not later than five days after the grantee renders a final decision or five days after the protestor knows or has reason to know that the grantee has failed to render a final decision. 8. City shall provide notice that a protest to UMTA must be filed in accordance with UMTA Circular 4220.1B, as periodically updated. 9. City shall identify the criteria for determining when the grantee will proceed with the procurement in spite of a pending protest, as set forth in Circular 4220.1B. -2- 5521 - - , " .. ~ ... 1. - SECTION 3. That the City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 6th day of Februar , 1990. ATTEST: AD rcadia ci erk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5521 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said council held on the 6th day of February, 1990 and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Harbicht, Lojeski, Young and Chandler NOES: None ABSENT: Couneilmember Gilb Cit~~t~~ Arc.d'. -3- 5521 l; " . - ---;-..,..--- ~ ~ ,. o us. Department at Transportation Urban Mass Transportation Administration Western Area Office 211 Main Street Room 1160 San Francisco, California 94105 WESTERN AREA ADVISORY NO. 18 SUBJECT: Grantee Procurement Protest Procedures PROGRAM AREA(S): Program Management, Legal DATE: March 27, 1989 UMTA Circular 4220.1B, "Third Party contracting Guidelines", requires each grantee to have procurement protest procedures. Attached are UMTA recommendations for Grantee Procurement Protest Procedures. The intent of providing these guidelines is twofold: (1) to assist grantees in developing written procedures that are adequate to handle and resolve all protests relating to grantee procurements and (2) to assure that a written record of the protest process will exist for appeal to a local, state, or Federal administrative or judicial body. You may contact your UMTA Regional Counsel for more information. Attachment EXHIBIT "A" 5521 - . UMTA GUIDELINES FOR GRANTEE PROCUREMENT PROTEST PROCEDURES Pursuant to the requirements set forth in UMTA Circular 4220.1B, Third Party Contracting Guidelines, grantees must adopt written procurement protest procedures. Such procedures should be comprehensive and fair and should provide a basis for administrative or judicial review. To achieve these ends, protest procedures should, at a minimum: (1) be written; (2) be developed for all types of procurement actions (sealed bid, request for proposal, etc.); (3) cover pre-award, award, and post-award phases of the procurement; (4) specify reasonable deadlines for filing a protest, information required for a protest, and where to file; (5) provide for the grantee to respond at least generally to each material issue raised in the protest; (6) identify the decision maker and provide for a formal record of the dispute resolution process: (7) identify the point at which the grantee's decision will be considered final; (8) be made known to all prospective bidders or offerors by being included or referenced in all solicitation documents (If referenced, the procedures should be provided immediately upon request); (9) include notice that UMTA may entertain a protest that alleges the grantee failed to have or follow written protest procedures: (10) include notice that a protest must be filed with UMTA not later than five days after the grantee renders a final decision or five days after the protestor knows or has reason to know that the grantee has failed to render a final decision; (11) include notice that a protest to UMTA must be filed in accordance with UMTA Circular 4220.1B (as periodically updated): and ," (12) identify the criteria that determine when the grantee will proceed with the procurement, in spite of a pending protest, as set forth in Circular 4220.1B. 5521 EXHIBIT. 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