HOUSE BILL No. 4769

 

 

June 15, 2017, Introduced by Rep. Marino and referred to the Committee on Appropriations.

 

     A bill to amend 1984 PA 431, entitled

 

"The management and budget act,"

 

(MCL 18.1101 to 18.1594) by adding section 266.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 266. (1) The department shall develop a protest process

 

for an unsuccessful bidder to protest an award decision under this

 

act.

 

     (2) The protest process developed by the department shall be

 

clearly stated on the department's website and referred to in all

 

requests for proposals issued by the department.

 

     (3) The protest process developed by the department shall

 

include all the following:

 

     (a) The time and manner in which the unsuccessful bidder must

 

file the protest.

 

     (b) The specific information that must be included in the

protest.

 

     (c) The specific statute, procurement policy, or solicitation

 

instruction that was violated in the award decision.

 

     (d) If the protest process provides for a protest period

 

extension, then obtaining information under the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246, is not a valid

 

reason for a protest period extension.

 

     (4) The following actions of a bidder do not constitute a

 

valid reason for protesting an award:

 

     (a) Failure of a bidder to properly follow solicitation

 

submission instructions.

 

     (b) Failure of a bidder to submit the bid to the department by

 

the due date and time.

 

     (c) Failure of a bidder to provide mandatory samples,

 

descriptive literature, or other required documents by the date and

 

time specified.

 

     (d) Failure of a bidder to provide a required deposit or

 

performance bond by the date and time specified.

 

     (e) Failure of a bidder to submit a protest within the time

 

stipulated in the solicitation request for proposal.

 

     (5) The chief procurement officer or his or her designee shall

 

investigate and provide a written response to the protesting party

 

to all protests that meet the requirements of this section. Until

 

issuing a final decision on a timely protest, the department will

 

not finalize an award of a contract or purchase order pursuant to a

 

disputed solicitation. However, if there is a threat to public

 

health, safety, or welfare, or danger of immediate and substantial

harm to state property from delay in making an award, the chief

 

procurement officer may proceed with an award and document the

 

justification for that action.