Procurement Bidding Policies

MUNICODE: PROCUREMENT ORDINANCE

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Updated Sept. 22, 2022

BE IT ORDAINED, by the City Council of the City of Huntsville, Alabama, that Article IV, Division 2, Procurement, of Chapter 2, Administration, of the Code of Ordinances, City of Huntsville, is hereby amended to read as follows

Section 1:  Section 2-184 is amended to add subsection (h) which shall read as follows:

Deadline to Protest Bid Solicitation

The City shall advertise for competitive bids for purchases and contracts which are subject to the guidelines of competitive bid law as outlined in Titles 39 and 41 of the Code of Alabama, 1975 through the issuance of a Request for Bids or Request for Proposals. Such advertisements shall be posted to the City’s designated bid solicitation platform(s). Any bidder, proposer, offeror, or contractor that seeks to protest the terms and conditions, requirements, evaluation criteria, or specifications as outlined in the Request for Bids or Request for Proposal may file a protest with the Procurement Manager or appointed designee no later than 10 business days prior to the date of the bid opening in accordance with the guidelines detailed here within.

Purchases and contracts which are subject to the guidelines of competitive bid law as outlined in Titles 39 and 41 of the Code of Alabama, 1975 through the issuance of a Request for Bids or Request for Proposals. Such advertisements shall be posted to the City’s designated bid solicitation platform(s). Any bidder, proposer, offeror, or contractor that seeks to protest the terms and conditions, requirements, evaluation criteria, or specifications as outlined in the Request for Bids or Request for Proposal may file a protest with the Procurement Manager or appointed designee no later than 10 business days prior to the date of the bid opening in accordance with the guidelines detailed here within. 2)

Deadline to Protest Contract Award

The City shall provide a notice of intent to award all contracts and purchases subjected to competitive bid by electronic posting to the City’s designated bid solicitation platform(s). Any bidder, proposer, offeror, or contractor who seeks to protest a contract or purchase award to be made by the City may file a protest with the Procurement Manager or appointed designee within 5 business days of the date of the intent to award is posted in accordance with guidelines detailed here within.

Protest Requirements

The protest shall be filed in writing, by the company officer or designee who is authorized to execute contracts on behalf of the bidder, proposer, offeror, or contractor or provided by an authorized legal representative of the protestor. The protest shall include the following information:

• Company legal name and primary address
• Company Officer or authorized designee phone number and email address
• Solicitation/Project name and city-assigned solicitation number
• A concise, yet comprehensive, statement detailing the reason(s) for the protest which shall include supporting evidence, exhibits, or documentation to substantiate the claim(s)
• Statement of the desired relief or resolution of the claim(s).

The protest shall be filed with the Procurement Services Division via mail, hand-delivery, or email no later than 5 p.m. Central Standard Time (CST) on the set filing date deadline.

OR

Protest Review and Response

Upon receipt of the written protest, the Procurement Manager or appointed designee shall perform an administrative review of the protest and after review and advice from legal counsel shall issue a decision in writing. The Procurement Manager or appointed designee, at his/her discretion, prior to the issuance of the written decision investigate the protest, obtain additional information and/or documentation, provide an opportunity to settle the protest by mutual agreement, and/or schedule a meeting(s) with the protestor and others (as appropriate) to discuss the protest. The written decision shall be mailed to the protester via certified mail with return receipt within 5 business days of receipt of the written protest or scheduled meeting, whichever is later. A courtesy copy of the written decision may be emailed to the protester with a delivery and read receipt request.

In event of a timely filed protest, the City shall cease all actions in the award process. The City may not proceed with the award process until 3 business days after the written decision has been provided to the protestor except that the Procurement Manager, after consultation with the lead department head and legal counsel, makes a written determination that a delay of the award will adversely impact city operations and it is the best interest of the city to proceed with the award.

The decision shall be final and conclusive unless the protestor files a written administrative appeal within 3 business days of the date of the written decision. The administrative appeal shall be filed with Finance Director via mail or hand-delivery no later than 5:00 PM CST on the third business day following the date of the written decision.

The Finance Director shall perform an administrative review of the appeal and issue a written decision within 5 business days of receipt of the appeal. The written decision shall be mailed to the protestor or otherwise. A courtesy copy of the written decision may be emailed to the protestor with a delivery and read receipt request. The decision shall be final and conclusive unless the protestor elects to seek recourse in accordance with State law. Failure to file a written notice of protest within the timeframe outlined herein shall constitute a waiver of right to protest and the City is clear to proceed with the contract award as noted in the intent to award notice.

Section 2: With the exception of the amendments made herein, all other provisions of Chapter 2, Article IV of the Code of Ordinances, City of Huntsville, Alabama shall remain unchanged in full force and effect.