CHAPTER 7.00-BUSINESS SERVICES

7.112 Bid Protest Resolution

(1) The School Board shall provide notice of its decision or intended decision concerning a bid solicitation or a contract award for construction projects as follows: 

(a) For a bid solicitation, notice of a decision or intended decision shall be given by United States Mail or by hand delivery. 

(b) For any other School Board decision relating to contract bidding procedures, notice of a decision or intended decision shall be given either by posting the bid tabulation at the location where the bids were opened, or by certified mail, return receipt requested. This notice shall contain the following statement: “Failure to file a protest within the time prescribed in Section 120.57(5), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. 

(2) Any person who is affected adversely by the School Board’s decision or intended decision shall file a notice of protest in writing with the Superintendent within seventy-two (72) hours after the posting of the bid tabulation or after receipt of the notice of the School Board decision or intended decision and shall file a formal written protest within ten (10) days after the date of filing of the notice of protest. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under Chapter 120, F.S. Bid protest shall be accompanied by a bond as prescribed in 337.11(5)(a), F.S. 

(3) Upon receipt of a notice of protest which has been timely filed, the School Board shall stop the bid solicitation process or the contract award process until the subject of the protest is resolved by final agency action, unless the School Board sets forth in writing particular facts and circumstances which require the continuance of the bid solicitation process or the contract award process without delay in order to avoid an immediate and serious danger to the public’s health, safety, or welfare.

(4) The School Board, on its own initiative or upon the request of a protester, shall provide an opportunity to resolve the protest by mutual agreement between the parties within seven (7) days of receipt of a formal written protest. 

(a) If the subject of a protest is not resolved by mutual agreement within seven (7) days of receipt of the formal written protest, and if there is no disputed issue of material fact, an informal proceeding shall be conducted pursuant to Section 120.57(2), F.S., and applicable agency rules before a person whose qualifications have been prescribed by rules of the agency. 

(b) If the subject of a protest is not resolved by mutual agreement within seven (7) days of receipt of the formal written protest, and if there is a disputed issue of material fact, the agency shall refer the protest to the division for proceedings under Section 120.57(1), F.S. 

STATUTORY AUTHORITY: 1001.42; 1001.43, F.S. 

LAWS IMPLEMENTED: 120.53(2); 120.57, F.S. 

History:

Adopted: November 14, 2000 

Revision Date(s): October 7, 2003, September 12, 2006; February 9, 2010  February 10, 2015 

Formerly: New