Bidder Protests

Protest Instructions:

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.

DTMB-Procurement will not consider protests filed by manufacturers or suppliers selling through distributors, or businesses listed as subcontractors in a vendor's  proposal.

Award Protests:

To initiate a protest of an award recommendation, a business must follow these steps:

• By the date and time identified in the Notice of Recommendation (NOR) issued in Bid4Michigan, the bidder wishing to protest may submit a written protest to the Chief Procurement Officer, Department of Technology Management & Budget (DTMB), 2nd Floor Mason Building, P.O. Box 30026, Lansing, MI  48909, or by email to BidProtest-DTMB@michigan.gov.  If the published protest due date falls on a Saturday, Sunday, or State holiday, the protest must be submitted by the posted time on the next State business day to be considered.
  
  
• The written protest should include the RFP 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 Chief Procurement Officer is not required to take into consideration any material filed by any party after the protest deadline.
  
  
• The Chief Procurement Officer or their designee will provide a written response 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, DTMB-Procurement will not finalize an award of 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 Chief Procurement Officer may proceed with an award and document the justification for such action.

Specification Protests:

A vendor should raise concerns about RFP specifications during the RFP Question & Answer period. If any vendor fails to protest a specification issue to the State with regard to proprietary or deficient specifications, prior to the bid deadline, subsequent protests regarding specifications may be held to be without merit.

In fairness to bidders who meet specifications and to prevent delays in procurement, DTMB-Procurement will not withdraw a recommendation to award or re-evaluate proposals when a protest maintains that the RFP specifications were faulty or that a proposal exceeding specifications provided a better value than a lower proposal meeting specifications, unless the State determines that this action would be in its best interest. 

Protests without Standing:

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.

• Failure of a bidder to properly follow sealed proposal submission instructions.
  
  
• Failure of a bidder to submit the proposal to Purchasing Operations by the due date and time and in the format required (online vs. hardcopy).
  
  
• Failure of a bidder to provide samples, descriptive literature, or other required documents by the date and time specified.
  
  
• Failure of a bidder to provide a required proposal deposit or performance bond by the date and time specified.
  
  
• Failure of a bidder to submit a protest within the time stipulated in the Notice of Recommendation or as determined by the Chief Procurement Officer.

However, if there are no responsive proposals, these requirements may be waived at the discretion of the Chief Procurement Officer.  

Bidder Protests of Agency Delegated Solicitations:

Subject to the governance of the DTMB Chief Procurement Officer and DTMB policy, Agencies are authorized to review and respond to protests for solicitations done by the Agency within their standard delegation, special delegation letter, or the Purchasing Alliance Program (PAL). Vendors should send protest letters to the respective Agencies Purchasing Director or designee, identified in the Notification of Recommendation letter issued on Bid4Michigan, who will conduct the protest review and draft the response. Agencies should forward a copy of all protests to dmb-purchknowledge@michigan.gov upon receipt. The draft responses should also be sent for review at least two (2) business days prior to the mailing of the response to the protesting party.