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Bidder ProtestsBidder Protests of DTMB Procurement Solicitations:
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."
To initiate a protest of an award recommendation, a business must follow these steps:
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.
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 firstname.lastname@example.org 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.
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