TO: AC Transit Board of Directors
FROM: Kathleen Kelly, Interim General Manager/Chief Executive Officer
SUBJECT: Board Policy 468 - Procurement Protest Procedures
ACTION ITEM
AGENDA PLANNING REQUEST: ?
RECOMMENDED ACTION(S):
Title
Consider approving amendments to Board Policy 468 - Procurement Protest Procedures.
Staff Contact:
Chris Andrichak, Chief Financial Officer
Body
STRATEGIC IMPORTANCE:
Goal - Financial Stability and Resiliency
Initiative - Financial Efficiency and Revenue Maximization
Having clear and concise financial policies helps District staff maximize the use of existing and new resources.
BUDGETARY/FISCAL IMPACT:
There is no direct fiscal impact from the changes to this policy.
BACKGROUND/RATIONALE:
Board Policy 468 governs the District's procurement protest process. The proposed amendments to the policy attempt to make the policy more transparent, accessible and objective. Below is a summary of the proposed amendments:
* Staff added text to ensure clarity and consistency throughout the policy, e.g., rephrasing procedural steps or definitions to include "business days" instead of "days" or removing limits when unnecessary;
* Updated the policy to clarify who has standing to file a protest;
* Removed the filing fee for certified small business protests;
* Clarified timelines and documentation requirements for filing and appealing protests;
* Removed the required step to resolve the protest through an informal resolution. This step is still available but not required;
* Elaborated on the appeals process, including decisions by the General Manager and Board of Directors;
* Outlined conditions for escalating protests and limitations on new evidence during appeals; and
* Included notification to the Federal Transit Administration (FTA) for FTA-funded procurements and removed the unnecessary procedural steps required by the protester.
The amendments to the District's Protest Policy continue staff's efforts to align with FTA C...
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