Chapter 672-21 BID PROTEST PROCEDURES FOR CERTAIN CONSTRUCTION PROJECTS
The following words when used in Chapter 672-21 shall have the
following meanings:
| (a) |
"Apparent Low
Bidder" means the Bidder identified by the Department to be the lowest reliable
bidder for a Construction Project. |
| (b) |
"Award" means the formal acceptance by
the Department of a Proposal. |
| (c) |
"Bid Protest" means a challenge by a Bidder made pursuant to this Chapter to
the identification by the Department of an Apparent Low Bidder or of an
Award. |
| (d) |
"Bidder" means a
qualified individual, firm or corporation, or combination thereof, submitting a
written Proposal for The Work advertised. |
| (e) |
"Bid Protest Bond" means a bond required
to be filed with the Bid Protest Form using the bond form available on the
Department's website at www.dot.ga.gov and
in the amount as determined by this Chapter. |
| (f) |
"Bid Protest Form" means the form
provided on the Department's website at www.dot.ga.gov. |
| (g) |
"Board of Review" means a board
consisting of not less than 3 members, all of whom shall be employees of the
Department. All members shall be appointed by order of the
Commissioner. |
| (h) |
"Commissioner"
means the Commissioner of the Department. |
| (i) |
"Construction Project" means a Department
project procured pursuant to O.C.G.A. Section
32-2-69
and in the amount of at least $200,000. |
| (j) |
"Department" means the Georgia Department
of Transportation. |
| (k) |
"Final
Decision" means the written decision issued by the Commisisoner pursuant to
Rule 672-21-.05. |
| (l) |
"O.C.G.A."
means the Official Code of Georgia Annotated. |
| (m) |
"Preliminary Decision" means the writen
decision issued by the Board of Review pursuant to Rule 672-21-.05. |
| (n) |
"Proposal" means the offer of a Bidder,
on the prescribed form, to perform The Work at the prices quoted for a
Construction Project. |
| (o) |
"Protesting Bidder" means a Bidder who has filed a Bid Protest pursuant to this
Chapter. |
| (p) |
"The Work" means the
furnishing of all labor, materials, equipment, superintendence and other
incidentals necessary for the successful completion of a Construction Project
and the carrying out of all the duties and obligations imposed by the
contract. |
| (1) |
The following
Bidders may file a Bid Protest:
| a. |
a Bidder
who has not been identified as the Apparent Low Bidder for a Construction
Project and where its bid is in an amount lower than that of the Apparent Low
Bidder; or |
| b. |
an Apparent Low
Bidder that has not been awarded the Construction Project. |
|
| (2) |
No Bidder may file a Bid Protest when:
| a. |
all bids have been rejected by the
Department for the subject federally funded Construction Project; or |
| b. |
the Department determines in its sole
discretion that any and all Bid Protests are barred as a result of an imminent
or serious danger to the public health, safety, or welfare or to property that
requires the immediate awarding of the Construction Project. |
|
| (3) |
Failure to timely file a Bid
Protest pursuant to this Chapter constitutes a waiver of the right to file a
Bid Protest. |
| (4) |
Failure to include
the information and documentation required by this Chapter with a Bid Protest
constitutes a waiver of the right to file a Bid Protest. |
| (5) |
Completion of the Bid Protest procedures
described in this Chapter is a condition precedent to the commencement of any
legal or equitable action. |
| (1) |
A Bid Protest
shall be addressed to the Department's General Counsel and sent to the
following address: 600 West Peachtree Street NW, Atlanta GA 30308 or sent by
emailing to the following address bidprotest@dot.ga.gov. |
| (2) |
A Protesting Bidder must complete and
submit the Bid Protest Form. At a minimum, the Protesting Bidder must identify
the project number, the letting number, call number, the entity making the
protest, and must include the factual and legal basis upon which the Bid
Protest is based and any documents supporting the protest. The Bid Protest must
be executed by an officer authorized to execute agreements on behalf of the Bid
Protester and must include the corporate seal of the Protesting Bidder and a
notary seal. |
| (3) |
The time for
filing a Bid Protest is as follows:
| a. |
For a
Bid Protest filed pursuant to Rule 672-21-.02(1)(a), the Bid Protest must be
filed with the Department during the 72-hour period which begins upon the
electronic posting of a decision or intended decision identifying the Apparent
Low Bidder. |
| b. |
For a Bid Protest
filed pursuant to Rule 672-21-.02(1)(b), the Bid Protest must be filed with the
Department during the 72-hour period which begins upon the electronic posting
of the Award of the Construction Project. |
| c. |
The Bid Protest must be received by the
Department before the 72-hour period expires. |
| d. |
The 72-hour period is not extended by
filing the Bid Protest by mail. |
| e. |
Saturdays, Sundays, and legal holidays shall be excluded in computing the
72-hour period. |
|
| (4) |
A Bid
Protest Bond is only required where a Bid Protest is being filed. A Bid Protest
Bond shall be filed with the Bid Protest using the form available on the
Department's website at www.dot.ga.gov. The
amount of the Bid Protest Bond shall be determined as follows:
| a. |
A $1,000 bond is required for Construction
Projects with a bid amount by the Bid Protestor of less than
$500,000. |
| b. |
A $2,000 bond is
required for Construction Projects with a bid amount by the Bid Protestor
between $500,001 and $1,000,000. |
| c. |
A bond equal to one-half percent (0.5%) of the bid amount submitted by the Bid
Protestor if that value is greater than $1,000,000. |
| d. |
In no event, however, may a Bid Protest
Bond exceed $15,000. |
|
| (a) |
Where a Bid
Protest has been filed pursuant to Rule 672-21-.02(1)(a), the Department will
defer the Award of the subject Construction Project until either the Bid
Protest has been withdrawn or the Department has made a Final Decision as to
the action to be taken regarding the Bid Protest. |
| (b) |
Where a Bid Protest has been filed
pursuant to Rule 672-21-.02(1)(b), the Deparment will defer the execution of
the contract for the subject Construction Project until either the Bid Protest
has been withdrawn or the Department has made a Final Decision as to the action
to be taken regarding the Bid Protest. |
| (1) |
Upon the
receipt of a completed Bid Protest Form, the Board of Review shall set a date
and time for an informal hearing to be held in the matter and shall provide the
Bid Protestor written notice. |
| (2) |
An informal hearing shall be held in front of the Board of Review 14 calendar
days after the receipt of a completed Bid Protest Form. |
| (3) |
Documentary evidence and testimony may be
presented at the informal hearing by the Department or Protesting
Bidder. |
| (4) |
Within 5 calendar days
after the conclusion of the informal hearing, the Board of Review shall render
a written Preliminary Decision and shall thereafter cause a copy of this
Preliminary Decision to be served upon the Protesting Bidder. |
| (5) |
Within 3 business days of receipt of the
Preliminary Decision, the Protesting Bidder may request a formal hearing with
the Commissioner. Failure to request a formal hearing within 3 business days
after receipt of the Preliminary Decision shall act as waiver of any additional
appeal rights of the Protesting Bidder and the Preliminary Decision of the
Board of Review shall become the Final Decision. The request for a formal
hearing shall be emailed to bidprotest@dot.ga.gov. |
| (6) |
If a request for a formal hearing made
pursuant to this Rule has been received, the Commissioner shall set a date and
time for a hearing to be held in the matter and shall provide the Protesting
Bidder written notice. |
| (7) |
A
hearing with the Commissioner shall be held 14 calendar days after the receipt
of a valid request from the Protesting Bidder. |
| (8) |
Within 5 calendar days after the hearing,
the Commissioner shall issue a Final Decision and shall thereafter cause a copy
of the Final Decision to be served upon the Protesting Bidder. |
| (9) |
All written notices to the Protesting
Bidder shall be served personally or to the mailing address, e-mail address, or
facsimile number identified by the Bid Protestor on the Bid Protest
Form. |
| (10) |
If the Department
determines in the Final Decision that the Bid Protest does not have merit, the
Bid Protestor shall forfeit their Bid Protests Bond. If the Department
determines in the Final Decision that the Bid Protest does have merit, the Bid
Protest Bond shall not be forfeited and the Bid Protest Bond will be returned
to the successful Bid Protester. |
