FILE:  DJEI

 

PROTEST PROCEDURES FOR REQUEST FOR PROPOSALS (RFP)

AND REQUEST FOR QUALIFICATIONS (RFQ)

 

 

  1. General:  Failure of a prospective offeror or prospective contractor (hereinafter “protesting party”) to comply with these underlying protest procedures will render a protest inadequate and untimely and will result in the rejection of the protest.  In no event shall a protest be considered if all submittals are cancelled, rejected, or after a contract has been executed.

  2. Who May File a Protest:  Only the protesting party who is aggrieved in connection with the RFP or RFQ or award of the contract may file a protest.

  3. Time for Filing:  A protesting party who is considering filing a protest must file the official written protest within five (5) work days after administration notifies the protesting party of the recommendation.  If the protesting party fails to file a protest or files an untimely protest, the party has waived its right to protest the solicitation or award of the contract in any forum.

  4. Notice of Protest:  The protest shall be in writing and addressed to the Superintendent.  The protest shall state all grounds that the protesting party asserts the RFP or RFQ contractor selection recommendation is improper.

  5. Content of Protest:  The protest must be complete at the time of submittal; the RFQ/RFP protest may not be supplemented after submittal.  The protest must identify the notice inviting requests for proposals/qualifications being protested by name and number.  The protest must identify the grounds for the protest and must state all factual and legal grounds for the protest.  The protest must identify any available exhibits, evidence, or documents supporting the protest.  An individual or entity may not submit more than one RFP/RFQ protest for a notice inviting request for proposals/qualifications.

  6. Committee to Review Protest:  The Superintendent shall select a committee of three (3) members to review the protest.  The committee shall contain at least one nonemployee/non contractor member.  These three (3) committee members shall be completely independent from the RFP and RFQ process.

  7. Protest Hearing:  The committee will schedule a protest hearing within five (5) working days of receipt of the protest.  The protesting party will be allowed an opportunity to state all grounds that form the basis of the protest.

  8. Committee Recommendation:  The committee will recommend to the Superintendent whether or not the recommendation for contractor selection is proper or if the protest has merit.  The committee will issue its recommendation within five (5) working days of the hearing.  The time period may be extended by consent of the committee and the protesting party.

  9. Actions by Superintendent:  If the committee recommendation is that the contractor selection recommendation is proper, then the recommendation to award goes to the board.  If the committee recommendation is that the protest has merit, then the recommendation will be made to the school board to either award the contract to the next responsible proposer/qualifier using the RFQ/RFP scoring system, or in the event that there is a defect in the RFP or RFQ, re-advertise.

 

New policy:  December 14, 2017

 

 

Ref:    Board minutes, 12-14-17

 

St. John the Baptist Parish School Board