Vendor Right to Protest

  • It shall be the practice of the School District of Springfield R-12 that all actual or prospective bidders, respondents, offerors, or contractors that believe they are aggrieved by the solicitation or award of a contract be offered administrative adjudication.

Vendor Protest Procedure

    • Any party that believes it is aggrieved should seek resolution of their complaints initially with the Director of Purchasing at the District. Such complaints may be verbally or in writing.
    • Formal protests shall be made in writing to the Director of Purchasing and shall be filed within 7 calendar days after the protesting party knows or should have known of the facts giving rise to the protest. Protests filed after the 7 calendar days will not be considered unless the deadline is waived by the Director of Purchasing.  The Director of Purchasing may request additional information from the protesting party who shall submit the information within the time periods established by the Director. When a protest has been filed within 7 calendar days and before an award has been made, the Director of Purchasing shall make no award of the contract until the protest has been settled, unless the director determines that the award of the contract without delay is necessary to protect substantial interest of the District. The written protest shall include, at a minimum, the following information:
      • Clear indication that the communication is a formal, written protest

      • The name and address of the protesting party

      • Appropriate identification of the procurement such as the solicitation number

      • A statement of reason for the protest

      • Supporting exhibits, evidence or documents to substantiate any claims

      • Signature of a duly authorized officer or agent of the protesting party

    • A decision on a protest shall be made in writing by the Director of Purchasing within 7 calendar days after receiving all relevant, requested information. If a protest is sustained, the Director of Purchasing decision shall include the available remedy or remedies.
    • An appeal of a decision from the Director of Purchasing may be made by the protesting party to the Director of Operations. Notification of the intent to appeal a decision of the Director of Purchasing shall be communicated to the Director of Operations in writing via facsimile or email, within 2 business days of receipt of the Director of Purchasing decision. The actual appeal of a decision from the Director of Purchasing shall be filed no later than 7 calendar days after receipt of such decision. The appeal shall contain a detailed statement of the factual and legal grounds upon which reversal or modification is deemed warranted specifying any errors of law or information not previously considered. A decision on the appeal will be made as expeditiously as possible. The decision of the Director of Operations shall be final.