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Procurement Protest Policy

To provide guidance in allowing any potential bidder or contractor a remedy for correcting a perceived wrong in the procurement process. The following protest procedures will be employed for this procurement. For the purposes of these procedures, “days” shall mean business days of FHATA administrative personnel which are days other than a Saturday, Sunday or legal holidays observed by FHATA for such administrative personnel.

 

Pre-Bid: A pre-bid protest is received prior to the bid due date. Pre-submittal protests must be received by the Agency, in writing and addressed to the FHATA Finance Director, no later than five (5) days before the bid closing date.

 

Post-Submittal/Pre-Award. A post-submittal/pre-award protest is a protest against making an award and is received after receipt of bids but before award of a contract. Post-submittal protests must be received by the Agency, in writing and addressed to the FHATA Finance Director, no later than five (5) days after the bid closing date.

 

Post-Award. Post-Award protests must be received by the Authority, in writing and addressed to the FHATA Finance Director, no later than five (5) days after the date of the Notice of Intent to Award.

 

All protests must be submitted to:

Flint Hills Area Transportation Agency

Attn: Finance Director

5815 Marlatt Avenue

Manhattan, KS 66503

 

Responding to Protest: The FHATA Finance Director shall respond in writing within five (5) days from the date of the written request. If the protester is not satisfied with the response of the FHATA Finance Director, the protester may appeal in writing to the FHATA Executive Director within five (5) days from the date of the FHATA Finance Director’s response.

 

The FHATA Executive Director will decide if the protest and the appeal (if any) have been given fair and reasonable consideration, or if additional consideration is warranted. The FHATA Executive Director’s response will be provided within ten (10) days after receipt of the request. The FHATA Executive Director’s decision is final and no further action on the protest shall be taken by the FHATA.

 

By written notice to all parties, the FHATA Finance Director may extend the time provided for each step of the protest procedures, extend the date of notice of award, or postpone the award of a contract if deemed appropriate for protest resolution.

 

Protesters shall be aware of the Federal Transit Administration's (FTA) protest procedures with the FTA Regional Office (ref: FTA Circular 4220.1F) If federal funding is involved, FTA will review protests from a third party only when: 1) a grantee does not have a written protest procedure or fails to follow its procedure, or fails to review a complaint or protest; or 2) violations of specific federal laws or regulations have occurred.

An appeal to FTA must be received by FTA’s regional office within five (5) working days of the date the protester learned or should have learned of FHATA’s decision. Protests shall be addressed to: Regional Administrator, FTA Region 7, 901 Locust, Room 404, Kansas City, Missouri, 64106.

Disadvantaged Business Enterprise Program:

The Federal Transit Administration (FTA) requires that recipients of FTA grant assistance take necessary and reasonable steps to ensure that Disadvantaged Business Enterprises (DBE's) are afforded the maximum opportunity to participate in the performance of contracts which are financed in whole or in part with federal funds. As evidence of compliance, FHATA must set goals for DBE participation in such contracts which are expected to be awarded during the following fiscal year and describe efforts from the previous fiscal year. FHATA’s DBE goals must be filed every three years with FTA by August 1st.

 

For the purpose of this program, a DBE is defined as: a small business concern which is both owned and controlled by socially and economically disadvantaged persons. This means that disadvantaged individuals must own at least 51% of the business and they must control the management and daily operations of the business. Included in the classification of disadvantaged individuals are United States citizens who are: African Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Asian-Indian Americans, women or members of other groups or individuals who the Small Business Administration (SBA) has determined are economically and socially disadvantaged under Section 8(a) of the Small Business Act.

Contract Clauses

Federal Contract Clauses: See the Agency’s PPM for the Federal Contract Clauses that must be included in each type of procurement. These clauses are mandated by FTA circular C 4220.1F Third Party Contracting Guidance under Federal Transit Laws, Title 49, USC Chapter 53.

 

Additional Contract Clauses for Prices, Time of Performance, Other Provisions: The FHATA Board may promulgate regulations permitting or requiring the inclusion of clauses providing for adjustments in prices, time of performance, or other contract provisions as appropriate covering the following subjects:

 

a. the unilateral right of FHATA to order in writing:

  • changes in the work within the scope of the contract; and

  • temporary stopping of work or delaying performance; and

 b. variations occurring between estimated quantities of work in a contract and actual quantities.

Additional Contract Clauses for Remedies: The FHATA Board may promulgate regulations including, but not limited to, regulations permitting or requiring the inclusion in FHATA contracts of clauses providing for appropriate remedies and covering the following subjects:

a. liquidated damages as appropriate;

b. specified excuses for delay or non-performance;

c. termination of the contract for default; and

d. termination of the contract in whole or in part for the convenience of FHATA.

 

Modification of Clauses: The Executive Director may vary the clauses promulgated by the FHATA Board under this section for inclusion in any particular FHATA contract; provided that any variations are supported by a written determination that states the circumstances justifying such variation provided the FHATA Board approves such variation and provided that notice of any such material variation be stated in the Advertisement for Bids or Request for Proposals.

Contact Information

5815 Marlatt Avenue
Manhattan, KS 66503
(785) 537-6345
fhata@fhata.org