HomeMy WebLinkAboutResolution 22-012Resolution 22-012
Resolution Adopting the Brookings Regional Airport Bid Protest Procedures
Whereas, the Federal Aviation Administration (FAA) is requiring South Dakota Airports
to adopt procedures to address protests filed by bidders for projects funded by the FAA;
and
Whereas, the City of Brookings has developed a Bid Protest Procedure to comply with
the FAA Project Document requirements; and
Whereas, this policy will help inform all parties involved in bidding airport projects
involving competitive bidding, and establishes fair procedures to resolve differences
among participants in the airport bidding process, further advancing transparency and
good government.
Now, Therefore, Be It Resolved that the Brookings Regional Airport Bid Protest
Procedures are hereby adopted.
Passed and approved on the 8 th day of February, 2022.
HURSTA-1-190OW&MM
' Niemeyer, Mayor
ATTEST:
o n I foster, City Clerk
Brookings Regional Airport Bid Protest Procedures
The following Bid Protest Procedures shall apply to Brookings Regional Airport bid
solicitations and contracts:
1. Any bidder may protest the award of a contract. A bidder protesting under
these procedures is referred to as a "protester." A protest of a bid solicitation
procedure must be submitted in writing to the City Manager within five (5)
calendar days after the bids are opened and read. A protest of a bid award
must be submitted within five (5) calendar days of the date of the bid award.
2. The protest must contain the following:
• Name, address, phone number and email of the protester.
• A concise statement of all the material facts alleged and of all of the
rules, regulations, statutes, and legal provisions entitling the protester
relief.
• A statement indicating the relief to which the protester deems they are
entitled.
• All other information as the protester deems to be material to the issue.
3. If a contract has been awarded, the City Manager shall give notice of such
protest within 24 hours of receipt of the protest to the awarded contractor. In
the case of a pending award, a stay of award may be requested by the bid
protester. A stay may be granted unless a written determination is made that
the award of the contract without delay is necessary to protect the interests of
the Brookings Regional Airport.
4. If the protest cannot be resolved by mutual agreement within seven (7)
calendar days after receipt, the City Manager shall, within 24 hours, send to
the protester by certified mail the final decision and the basis for the decision.
5. Any bidder who is aggrieved in connection with a bid solicitation or the award
of a contract may appeal the decision. Such protests and appeals regarding
the bid solicitation and contract awards shall be governed by the laws of the
State of South Dakota. Any appeals arising from or related to the final
decision of the City Manager will be venued in the South Dakota Circuit Court,
Third Judicial Circuit, Brookings County, South Dakota.
6. Failure to follow these bid protest procedures constitutes a waiver of protest
and resulting claims.