Protest Procedures

The City of Bartow encourages prompt and fair handling of all complaints and disputes with the business community. In order to resolve disputed matters in an equitable manner without fear of retribution on the part of a vendor or person, the following shall apply:

All formal solicitations shall include the following statement:

"THE FAILURE TO FOLLOW THE BID PROTEST PROCEDURE REQUIREMENTS WITHIN THE TIME FRAMES PRESCRIBED HEREIN AS ESTABLISHED BY THE CITY OF BARTOW, FLORIDA, SHALL CONSTITUTE A WAIVER OF BIDDER’S PROTEST AND ANY RESULTING CLAIMS."

Right To Protest

Any aggrieved, actual or prospective bidder in connection with a solicitation or pending award of a bid or contract may protest to the Purchasing Manager.

Notification

Purchasing shall post all recommendations of award on the City’s e-procurement platform and in the Purchasing department during regular business hours. Vendors who are registered for that particular bid on the web site may be notified by email.

Initial Notice

Any person adversely affected by an intended decision or action with respect to the initial recommendation of award of any bid or action shall file with the City’s Purchasing Manager a written notice of intent to file a protest. For the purpose of computation, the initial notice of intent to file a protest must be received by the Purchasing Manager no later than three o’clock (3:00) p.m. on the third (3rd) workday following the posting date of the notice of the initial recommendation of award (excluding Saturdays, Sundays and legal City holidays). In addition, a non-refundable protest bond (the “Bond”) in the amount of one percent (1%) of the preliminary estimate of the cost of the work in the form of a cashier’s check payable to the City of Bartow must be submitted with the initial notice of intent to file a protest. The initial notice of intent to file a protest must be in writing and shall state the basis of the protest (recommendation of award protest or other) and clearly indicate that its purpose is to serve as the initial notice of intent to file a protest. Failure to clearly indicate its intent or failure to provide a Bond shall constitute a waiver of the right to seek any remedy provided under these protest procedures. Upon the timely receipt of an initial notice of intent to file a protest and the required Bond, the Purchasing Manager shall toll (put on hold) any further actions related to the recommendation of award (except as noted below). Should the affected party decide to withdraw its initial notice of intent to file a protest during the tolled action the Bond will be refunded in full. This is the only reason the City will refund the Bond other than a finding in favor of the protestor.

If during tolled action, the City Manager determines that an Emergency Purchase is necessary, as defined in this Procurement Manual, action may be taken to secure the goods or services.

Formal Notice

Any person who has filed an initial notice of intent to file a protest, as described above, shall file a formal written protest within ten (10) calendar days after the date of the filing of the initial notice of intent to file a protest. Any amendment to the formal written protest shall be in writing and received by the Purchasing Manager within ten (10) calendar days of the date of the initial notice of intent to file a protest. No amendments to the protest will be allowed after the ten (10) calendars day period has expired. The formal written protest shall contain the following:

  1. City bid number and/or title (if applicable).
  2. Name and/or address of the City department, division or agency affected (if known).
  3. The name and address of the affected party, and the title or position of the person submitting the protest.
  4. A statement of disputed issues of material fact. If there are no disputed material facts, the written letter must so indicate.
  5. Concise statement of the facts alleged and of the rules, regulations, statutes ordinances and constitutional provisions entitling the affected party to the relief requested.
  6. The statement shall indicate the relief to which the affected party deems himself/herself entitled.
  7. Such other information as the affected party deems to be material to the issue.

Following the formal written protest, the Purchasing Manager will notify all parties and schedule a protest meeting. The protest will be presented to the Protest Committee, which shall be made up of three (3) members consisting of the Deputy City Manager or authorized designee who will serve as the Chairperson, the Director of Financial Services or authorized designee and the Purchasing Manager or authorized designee. The City Attorney or designee shall be present and act in an advisory capacity to the Protest Committee.

The purpose of the protest meeting is:

  1. To question and review the basis of the protest;
  2. To evaluate the facts and merits of the protest; and
  3. Gather information in order to submit a recommendation to the City Manager.