Bid Protest Procedures for Baldwin County Commission

The following bid protest procedures apply only to procurements financed by federal assistance awarded by the Federal Transit Administration (FTA) or to any other Contract Solicitation Processes and Contract Award Decisions where federal law requires the Baldwin County Commission to provide a bid protest procedure.

 The following procedures and time requirements shall be applied uniformly in processing all protests. Protests may be made by active or prospective bidders whose direct economic interest would be affected by a solicitation, proposed award, or award of a contract.  Protests must be submitted in writing to:

Honorable Chairman

Baldwin County Commission

312 Courthouse Square, Suite 12

Bay Minette, AL  36507

Wanda Gautney, Purchasing Director

Baldwin County Commission

312 Courthouse Square, Suite 15

Bay Minette, AL  36507

BALDWIN COUNTY COMMISSION will consider all written protests made within the timelines stated in this document. Protest submissions should be concise, logically arranged, clearly state the grounds for the protest, and must include at least the following information:

1. Name, address, and telephone number of protestor.
2. Solicitation or contract name and/or number.
3. A detailed statement of the legal and factual grounds for the protest, including copies of all relevant documents or information.
4. A statement of relief requested.

Only written protests received within the timelines stated in these procedures will be considered. Upon receipt of a protest, BALDWIN COUNTY COMMISSION will notify the protestor that the protest has been received by mail within ten (10) working days. BALDWIN COUNTY COMMISSION may request additional information from the protesting party, which must be submitted in writing to BALDWIN COUNTY COMMISSION within ten (10) working days from the date of BALDWIN COUNTY COMMISSION’S request. 

Within thirty (30) working days of receipt of a written protest, BALDWIN COUNTY COMMISSION shall either:

1. Issue a final written decision which responds in detail to each issue raised in the protest and includes a rationale for the decision rendered, or
2. Conduct, at BALDWIN COUNTY COMMISSION’S discretion, an informal hearing to allow the interested participating parties an opportunity to present their positions and supporting facts, documents, justification, and technical information. BALDWIN COUNTY COMMISSION will advise all interested parties of the final decision in writing no later than ten (10) working days from the date of the informal hearing.

Protests before Proposal Solicitation

 Bid protests alleging restrictive specifications or improprieties, which are apparent prior to bid or proposal opening, must be submitted in writing to BALDWIN COUNTY COMMISSION and must be received at least five (5) working days prior to bid/proposal opening.  Bids will not be opened until five (5) working days after resolution of the protest unless BALDWIN COUNTY COMMISSION determines that:

1. The items to be procured are urgently required;
2. Delivery or performance will be unduly delayed by failure to make award promptly; or
3. Failure to make award will otherwise cause undue harm to BALDWIN COUNTY COMMISSION.

 If the written protest is not received by the time specified, bids or proposals may be received, opened and awarded in the normal manner unless BALDWIN COUNTY COMMISSION determines that it is in the best interest of all concerned to delay any step. 

Protests after Opening of Proposal Solicitation and Prior to Award

 Protests against the making of an award may be made after bid opening and prior to award.  Such protests must be submitted in writing to BALDWIN COUNTY COMMISSION and must be received by BALDWIN COUNTY COMMISSION within five (5) working days of the bid opening.  If BALDWIN COUNTY COMMISSION decides to withhold the award pending resolution of the protest, BALDWIN COUNTY COMMISSION will notify all bidders whose bids or proposals might become eligible for award, and offer them the option to extend or withdraw the bid or proposal beyond the 120-day validity period. Awards will not be made until at least five (5) working days after resolution of the protest unless BALDWIN COUNTY COMMISSION determines that:

1. The items to be procured are urgently required;
2. Delivery or performance will be unduly delayed by failure to make award promptly; or
3. Failure to make award will otherwise cause undue harm to BALDWIN COUNTY COMMISSION or the federal government.

 Protests after Award

 Protests received after announcement of an award or after a contract has been executed will only be considered if BALDWIN COUNTY COMMISSION determines that the matter is in the public interest or the protest presents clear and convincing evidence of fraud, misrepresentation, other illegality, or gross impropriety in the selection of a bid/proposal.  If a protest is under consideration, BALDWIN COUNTY COMMISSION shall evaluate the bid/proposal at issue a second time in its entirety and use the same evaluation criteria and rating factors applied in the initial review of the bid/proposal.  The bid/proposal will be evaluated by a panel designated by the BALDWIN COUNTY COMMISSION.

 If a protest involving an executed contract is under consideration, BALDWIN COUNTY COMMISSION will notify the selected contractor of the protest and its basis and may, at its discretion, order the contractor to suspend all BALDWIN COUNTY COMMISSION work activities.  If the awarded contractor has not executed the contract as of the date the protest is received by BALDWIN COUNTY COMMISSION, the contract will not be executed until five (5) working days after resolution of the protest unless BALDWIN COUNTY COMMISSION determines that:

1. The items to be procured are urgently required.
2. Delivery or performance will be unduly delayed by failure to make award promptly; or
3. Failure to make award will otherwise cause undue harm to BALDWIN COUNTY COMMISSION.

 Protests Pertaining to the Funding of Unsolicited Proposals (FTA Funds)

 The submission of unsolicited proposals is inconsistent with BALDWIN COUNTY COMMISSION’S policy to promote a full and open competition among interested parties for FTA contract funds.  The filing of unsolicited proposals, therefore, will be deemed inappropriate by BALDWIN COUNTY COMMISSION and returned to the sender; complaints or appeals calling for reconsideration of such proposals will not be accepted.

 ALL complaints unresolved at the local level will be submitted to the Alabama Department of Transportation for final resolution, to the attention of:

Mr. Bradley B. Lindsey, P.E.

State Local Transportation Engineer

Local Transportation Bureau

Alabama Department of Transportation

1409 Coliseum Boulevard

Montgomery, Alabama 36110