HomeMy WebLinkAboutTC Res 2011-08-23RESOLUTION NO. 41-2011
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON ESTABLISHING MINIMUM REQUIRMENTS FOR
PROTESTING AN AWARD OF A PUBLIC WORKS CONTRACT
WHEREAS, the California Public Contract Code and the Town's Municipal
Code require the Town to let large public works contracts by competitive bidding; and
WHEREAS, any contract let in violation of said requirements is void; and
WHEREAS, an unsuccessful bidder may challenge the award of a public works
contract by filing a bid protest and if the protest is rejected, may file a further challenge
in court; and
WHEREAS, current law does not set any deadline for filing a bid protest, nor
does it establish any requirements for the contents thereof; and
WHEREAS, the Town Council wishes to minimize any period of uncertainty
regarding the validity of its public works contracts and establish minimum requirements
for bid protests; and
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon does hereby establish the following requirements for any protest of the
award of a public works contract as that term is defined in the Town Municipal Code.
BID PROTEST PROCEDURE
1. Any bid protest must be in writing and received by the Town Director of
Public Works at Tiburon Town Hall, 1505 Tiburon Boulevard, Tiburon, CA 94920
before 5:00 p.m. no later than five (5) working days following bid opening (the "Bid
Protest Deadline") and must comply with the requirements set forth herein.
2. Only a bidder who has actually submitted a Bid Proposal is eligible to submit
a bid protest against another bidder. Subcontractors are not eligible to submit bid
protests. A bidder may not rely on the bid protest submitted by another bidder, but must
timely pursue its own protest.
3. The bid protest must contain a complete statement of the basis for the protest
and all supporting documentation. Material submitted after the Bid Protest Deadline will
not be considered. The protest must refer to the specific portion or portions of the
Contract Documents upon which the protest is based. The protest must include the name,
Town Council Resolution No. 41-2011 adopted 8123111 Page I of 2
address and telephone number of the person representing the protesting bidder if
different from the protesting bidder.
4. A copy of the protest and all supporting documents must also be transmitted
by fax or by e-mail, by or before the Bid Protest Deadline, to the protested bidder and
any other bidder who has a reasonable prospect of receiving an award depending upon
the outcome of the protest.
5. The protested bidder may submit a written response to the protest, provided
the response is received by the Town Director of Public Works before 5:00 p.m., within
two (2) working days after the Bid Protest Deadline or after receipt of the bid protest,
whichever is sooner (the "Response Deadline"). The response must include all
supporting documentation. Material submitted after the Response Deadline will not be
considered. The response must include the name, address and telephone number of the
person representing the protested bidder if different from the protested bidder.
6. The procedure and time limits set forth in this section are mandatory and are
the bidder's sole and exclusive remedy in the event of bid protest. The bidder's failure to
comply with these procedures shall constitute a waiver of any right to further pursue a
bid protest, including filing a Government Code Claim or initiation of legal proceedings.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Tiburon on August 23, 2011, by the following vote:
AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell, Slavitz
NOES: COUNCILMEMBERS: None
ATTEST:
1 '1 DIANE CRANE LkCOPI, TOWN CLERK
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