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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)
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(/:;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.
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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.
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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'.
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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"
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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
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(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.
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