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Report ID: 22-513   
Type: Regular - Operations
Meeting Body: Board of Directors - Regular Meeting
Meeting Date: 9/14/2022 Final action: 9/14/2022
Recommended Action: Consider whether to entertain HR Management's (HRM) appeal of the General Manager's decision to deny HRM's protest of its non-award decision under RFP 2023-1585 and to take any other actions as may be deemed necessary. 1. The passage of a motion to deny the appeal or the failure of a motion to consider the appeal means that the General Manager's decision will become final. If no motion is made on this matter, it shall have the same effect as a denying the appeal and the General Manager's decision will become final. 2. The passage of a motion to grant the appeal means the Board will schedule a hearing date to consider the appeal for a future Board meeting and notify HRM of the hearing date.
Attachments: 1. STAFF REPORT, 2. Att.1. HRM Initial Protest, 3. Att.2. ACT Initial Protest Response, 4. Att.3. HRM 1st Appeal, 5. Att.4. ACT 1ST Appeal Response, 6. Att.5. HRM Appeal to GM, 7. Att.6. HR Management GM Appeal Decision, 8. Att.7. Appeal to AC Transit Board of Directors, 9. Att.8. Board Policy 468 -Protest Procedures, 10. Master Minute Order
TO: AC Transit Board of Directors
FROM: Michael A. Hursh, General Manager
SUBJECT: Appeal from HR Management Regarding RFP 2023-1585

ACTION ITEM
AGENDA PLANNING REQUEST: ?

RECOMMENDED ACTION(S):

Title
Consider whether to entertain HR Management's (HRM) appeal of the General Manager's decision to deny HRM's protest of its non-award decision under RFP 2023-1585 and to take any other actions as may be deemed necessary.

1. The passage of a motion to deny the appeal or the failure of a motion to consider the appeal means that the General Manager's decision will become final. If no motion is made on this matter, it shall have the same effect as a denying the appeal and the General Manager's decision will become final.
2. The passage of a motion to grant the appeal means the Board will schedule a hearing date to consider the appeal for a future Board meeting and notify HRM of the hearing date.
Body

STRATEGIC IMPORTANCE:

Goal - Strong Public and Policymaker Support
Initiative - Employee Recruitment, Training and Retention

The timely and thorough review of this protest confirms the District's commitment to public procurement standards and Federal regulations.

BUDGETARY/FISCAL IMPACT:

A decision regarding whether to entertain HRM's appeal has no budgetary impact. If, however, the Board decides to entertain the appeal and ultimately directs staff to resolicit these services, there could be a significant cost in terms of staff time, potential cost increases, and appeals from other bidders.

BACKGROUND/RATIONALE:

The District utilizes Temporary Personnel Placement Services to address short term staffing needs which include backfilling for a vacant position or when an incumbent is unavailable, filling a position for a project of short duration, addressing urgent operational needs, specialized knowledge, skills, or abilities.

The Board approved the release of a solicitation for temporary personnel placement services on January 26, 2022 (Staff Report 22...

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