Only a bidder on a given solicitation may protest an award decision. A bidder is considered a vendor who has submitted a formal offer which meets all submission requirements and is therefore considered "responsive". A "No Bid" in the context of a protest does not constitute a formal offer. Purchasing Operations will not consider protests filed by manufacturers or suppliers selling through distributors, or businesses listed as subcontractors in a vendor's proposal.

In order to initiate a protest, a business must follow these steps:

1. By 5:00 p.m. on the date identified in the notice of recommendation to award, the bidder wishing to protest must submit a written protest to the Director of Purchasing Operations, Department of Management & Budget, 2nd Floor Mason Building, P.O. Box 30026, Lansing, MI  48909.  If  the protest due date falls on a Saturday, Sunday, or state holiday, the bidder shall submit the protest by 5:00 p.m. on the next state business day.
2. The written protest should include the ITB number and should clearly state the facts believed to constitute an error in the award recommendation, and the desired remedy. Only the information provided within the protest period will be considered in arriving at a decision. The Director of Purchasing Operations is not required to take into consideration any material filed by any party after the protest deadline.
3. The Director of Purchasing Operations or the Director's designee will provide a written decision to the protesting party after investigating the matter or, if more information is needed, will schedule an informal meeting before issuing a decision. This decision is final.

Until issuing a final decision on a timely protest, Purchasing Operations will not award a contract or purchase order pursuant to a disputed solicitation. However, if there is a threat to public health, safety or welfare, or danger of immediate and substantial harm to state property from delay in making an award, the Director of Purchasing Operations may proceed with an award and document the justification for such action.

Issues Not Subject to Protest

To maintain the integrity of the procurement process and to ensure that state agencies receive procurements without undue delay, protests requesting waiver of the following omissions and requirements cannot be granted:

1. Failure of a bidder to properly complete sealed bid return envelope instructions.
2. Failure of a bidder to submit the bid to Purchasing Operations by the due date and time.
3. Failure of a bidder to provide samples, descriptive literature, or other required documents by the date and time specified.
4. Failure of a bidder to provide a required bid deposit or performance bond by the date and time specified.
5. Failure of a bidder to submit a protest within the time stipulated in the notice to award or as determined by the Director of Purchasing Operations.

If there are no responsive bids, these requirements may be waived at the discretion of the Director of Purchasing Operations. In fairness to bidders who meet specifications and to prevent delays in procurement, Purchasing Operations will not withdraw a recommendation to award or re-evaluate bids when a protest maintains that the ITB specifications were faulty or that a bid exceeding specifications provided a better value than a lower bid meeting specifications. A vendor must raise concerns about ITB specifications as described in "Inappropriate Specifications" under Bidder Information.