Protest Procedures

SOLICITATION, BID AND CONTRACT PROTEST PROCEDURES FOR SAINT PAUL PUBLIC SCHOOLS (SPPS)

PURPOSE

 These procedures are to assist SPPS in settling protests arising out of the procurement process.

In this context a “bid protest” refers to any type of contract and may include a small purchase, competitive proposals, or a sealed bid, either before or after award.  An “Interested Party” may request a bid protest.  An Interested Party is an actual or prospective bidder whose direct economic interest would be affected by the award of the contract.

SOLICITATION OR BID PROTEST

An Interested Party may protest the solicitation or award of solicitation for serious violations of relevant procurement principles.  To be considered, SPPS must receive a protest against a solicitation in writing prior to the due date for the receipt of the bid or proposal. 

All protests must be in writing and SPPS must receive the protest by 4:00 p.m. on the fifth business day of the issuance of the solicitation or due date(whichever is less).  If the fifth day is not a business day, the next business day will be the fifth day.  Protests shall be mailed or hand delivered to: 

Bid Protest
Purchasing Manager
Purchasing and Contract Services
360 Colborne Street
Saint Paul, MN  55102 

CONTRACTOR CLAIMS AFTER BID OR CONTRACT AWARD

A contractor who is performing services and has a claim relating to the performance of a contract after the contract award, must submit the claim in writing within five days of the award of the bid or contract.  For a bid or contract that is under $175,000 the date of award would be the issuance of an SPPS purchase order.  For a bid or contract in excess of $175,000 the date of award would be the date the award was approved by SPPS School Board at a public School Board meeting.

DESIGNATION OF PROTEST OFFICIALS AND WRITTEN DECISION

An Interested Party shall submit all protests to the Contracting Officer (at the address listed above).  SPPS will issue a written decision on a protest a letter extending five day period within ten business days of receipt of the protest.

CONTENT OF PROTEST

The protest shall clearly state the basis for the protest and shall include:

1. Name, address and phone number of the protestor;
2. Solicitation number and project title;
3. A detailed statement of the basis for the protest’
4. Supporting evidence of documents to substantiate any arguments;
5. Specific citations to relevant law, regulation and policy; and
6. The form of relief requested
   
   

REMEDIES

SPPS has the sole discretion to suspend the procurement activity, cancel or revise the solicitation or proposed contract award, terminate the contract for convenience, or resolicit the procurement.  SPPS may let an award stand in case of emergency, serious disruption to SPPS’s operations, or where there is an unusual or compelling need for the procurement.

APPEAL FROM A PROTEST DECISION

The contracting officer’s decision is final unless the SPPS receives a request for an appeal within five business days of the rejection of the protest.  The appeal must be received by 4:00 p.m. on the fifth business day.  Protests must be mailed or hand delivered to:

Bid Protest
Purchasing Manager
Purchasing and Contract Services
360 Colborne Street
Saint Paul, MN  55102

Within ten business days of receipt of the appeal, SPPS’s Chief Financial Officer or designee will issue a written decision or a letter extending the ten days.  The appeal decision is SPPS’s final determination.