Government Contract Bid Protest - Colorado

PROTEST OF SOLICITATION / AWARD

State of Colorado

Before the State Purchasing Director / Designated Procurement Official

CASE CAPTION

BEFORE THE STATE PURCHASING DIRECTOR
STATE OF COLORADO
DEPARTMENT OF PERSONNEL AND ADMINISTRATION

In the Matter of the Protest of:

Protester: [________________________________]

Concerning:

Solicitation/Contract No.: [________________________________]

Issuing Agency: [________________________________]

Protest No. (if assigned): [________________________________]

Date Filed: [__/__/____]

PROTEST, REQUEST FOR STAY OF AWARD, AND CLAIM FOR COSTS

TABLE OF CONTENTS

1. Introduction and Jurisdictional Statement
2. Parties
3. Timeliness of Protest
4. Statement of Relevant Facts
5. Grounds of Protest
6. Legal Argument
7. Request for Stay of Award/Performance
8. Requested Remedies
9. Representations and Certifications
10. Exhibits
11. Certificate of Service
12. Signature Block

I. INTRODUCTION AND JURISDICTIONAL STATEMENT

1. This Protest is filed pursuant to the Colorado Procurement Code, C.R.S. § 24-109-102, and the Colorado Procurement Rules, 1 CCR 101-9, Rule R-24-109-102 ("Protest Rule").

2. Under C.R.S. § 24-109-102(1), any aggrieved party may protest the solicitation or award of a contract at any phase of the solicitation or award process concerning any material issue. The protest must be submitted in writing to the procurement official who is the decision-making authority for the procurement.

3. The State Purchasing Director (or designated procurement official) has jurisdiction over this Protest pursuant to C.R.S. § 24-109-102 and the applicable procurement rules.

4. This Protest concerns Solicitation/Contract No. [________________________________] (the "Solicitation"), issued by [________________________________] (the "Agency") for [________________________________] (brief description of procurement).

II. PARTIES

A. Protester

Legal Name: [________________________________]

Entity Type: ☐ Corporation ☐ LLC ☐ Partnership ☐ Sole Proprietorship ☐ Other: [____]

State of Organization: [________________________________]

Principal Business Address: [________________________________]

City, State, ZIP: [________________________________]

Authorized Representative: [________________________________]

Title: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

B. Contracting Agency

Agency Name: [________________________________]

Procurement Official: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

C. Awardee (if known)

Name: [________________________________]

Address: [________________________________]

III. TIMELINESS OF PROTEST

A. Applicable Deadline

Under C.R.S. § 24-109-102(3), this Protest is timely because:

☐ Standard solicitations (IFBs/RFPs): This Protest is filed within ten (10) business days after the Protester knew or should have known of the facts giving rise to the Protest.

☐ Small purchase solicitations: This Protest is filed within three (3) business days after the Protester knew or should have known of the facts (unless the procurement official has extended the deadline to ten business days).

B. Triggering Event

The Protester first knew or should have known of the facts giving rise to this Protest on [__/__/____], when: [________________________________]

This Protest is filed on [__/__/____], which is within the applicable deadline.

C. Type of Protest

☐ Pre-award protest (challenging solicitation terms, specifications, or evaluation criteria)
☐ Post-award protest (challenging the award decision)
☐ Other: [________________________________]

IV. STATEMENT OF RELEVANT FACTS

Set forth a concise chronological narrative of the procurement:

1. On [__/__/____], the Agency issued the Solicitation for [________________________________].

2. The Solicitation established the following evaluation criteria and weights:
   - [________________________________] - [____]%
   - [________________________________] - [____]%
   - [________________________________] - [____]%
   - Price/Cost - [____]%

3. On [__/__/____], the Protester timely submitted its proposal/bid.

4. [________________________________] (additional facts regarding procurement process)

5. On [__/__/____], the Agency [announced its intent to award / awarded] the contract to [________________________________] (the "Awardee").

6. On [__/__/____], the Protester [received a debriefing / was notified of the award / learned of the facts giving rise to this protest].

7. [________________________________] (additional relevant facts)

8. [________________________________] (additional relevant facts)

V. GROUNDS OF PROTEST

The Protester asserts the following grounds, each constituting an independent basis for sustaining this Protest:

Ground 1: [Title]

☐ Evaluation Errors: The Agency's evaluation deviated from the stated evaluation criteria and/or the Colorado Procurement Code.

Factual Basis: [________________________________]

Applicable Authority: C.R.S. § 24-103-203 (competitive sealed proposals); 1 CCR 101-9, Rule R-24-103-203.

Ground 2: [Title]

☐ Unequal Treatment of Offerors: The Agency afforded disparate treatment to the Awardee and the Protester during the evaluation, discussions, or negotiations.

Factual Basis: [________________________________]

Applicable Authority: C.R.S. § 24-103-203(5) (discussions with responsible offerors).

Ground 3: [Title]

☐ Irrational Best-Value Determination: The Agency failed to perform a rational best-value analysis consistent with the Solicitation and applicable law.

Factual Basis: [________________________________]

Applicable Authority: C.R.S. § 24-103-203(6).

Ground 4: [Title]

☐ Organizational Conflict of Interest: The Awardee had an impermissible organizational conflict of interest that was not disclosed or mitigated.

Factual Basis: [________________________________]

Ground 5: [Title]

☐ Specification Deficiency: The Solicitation contained unduly restrictive or ambiguous specifications.

Factual Basis: [________________________________]

Applicable Authority: C.R.S. § 24-103-401 (specifications).

Additional Grounds:

☐ Violation of mandatory procurement procedures
☐ Failure to follow the terms of the Solicitation
☐ Improper sole-source justification
☐ Responsiveness or responsibility determination error
☐ Other: [________________________________]

VI. LEGAL ARGUMENT

A. Standard of Review

Under C.R.S. § 24-109-102, the procurement official must determine whether the Agency's actions complied with the Colorado Procurement Code and applicable rules. The procurement official shall render a written decision regarding the protest within ten (10) business days after the protest is filed. C.R.S. § 24-109-102(4).

B. Competitive Prejudice

The Protester was competitively prejudiced because, but for the Agency's errors, the Protester would have had a substantial chance of receiving the award. Specifically: [________________________________]

C. Applicable Legal Authorities

[________________________________]
(Set forth detailed legal argument citing specific provisions of the Colorado Procurement Code, procurement rules, and any relevant decisional authority.)

VII. REQUEST FOR STAY OF AWARD/PERFORMANCE

A. Statutory Basis

Pursuant to C.R.S. § 24-109-102(5), the Protester requests that the procurement official stay the award or performance of the contract pending resolution of this Protest.

B. Grounds for Stay

☐ There is a reasonable likelihood that the Protest will be sustained
☐ The stay will not substantially harm the public interest
☐ The balance of equities favors a stay
☐ Immediate performance is not critical to the Agency's mission

Supporting Facts: [________________________________]

VIII. REQUESTED REMEDIES

Pursuant to C.R.S. § 24-109-501 et seq., the Protester respectfully requests:

1. ☐ Sustain the Protest and find that the Agency violated the Colorado Procurement Code;

2. ☐ Stay the award or performance of the contract pending resolution;

3. ☐ Direct corrective action, including:
   - ☐ Re-evaluation of proposals
   - ☐ Amendment and re-solicitation
   - ☐ Termination of the improper award
   - ☐ Award to the Protester
   - ☐ Other: [________________________________]

4. ☐ Award reasonable costs incurred in pursuing this Protest, including:
   - Bid and proposal preparation costs
   - Attorney fees (to the extent authorized)
   - Consultant fees
   - Other litigation costs

5. ☐ Other relief as the procurement official deems just and appropriate.

IX. REPRESENTATIONS AND CERTIFICATIONS

9.1 Accuracy. The Protester certifies that the statements of fact set forth herein are true and correct to the best of its knowledge.

9.2 No Pending Actions. Other than this Protest, the Protester represents that no action concerning the subject matter hereof is currently pending before any court or administrative body.

9.3 Protective Order Compliance. The Protester's undersigned representative is prepared to comply with any protective order or confidentiality restrictions issued in connection with this Protest.

9.4 Standing. The Protester is an actual or prospective bidder/offeror whose direct economic interest is affected by the Agency's actions and therefore has standing to file this Protest.

9.5 Good Faith. This Protest is filed in good faith and not for purposes of delay or harassment.

X. EXHIBITS

The following exhibits are attached in support of this Protest:

☐ Exhibit A - Solicitation and Amendments
☐ Exhibit B - Protester's Proposal/Bid (Redacted as appropriate)
☐ Exhibit C - Award Notification / Intent to Award
☐ Exhibit D - Debriefing Materials (if received)
☐ Exhibit E - Correspondence with the Agency
☐ Exhibit F - Declaration of [________________________________]
☐ Exhibit G - [________________________________]
☐ Exhibit H - [________________________________]

XI. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Protest, together with all attached exhibits, was served on the following parties by the method indicated:

Procurement Official:
Name: [________________________________]
Address: [________________________________]
Method: ☐ Email ☐ Hand Delivery ☐ Certified Mail ☐ Other: [____]

Agency Counsel (if known):
Name: [________________________________]
Address: [________________________________]
Method: ☐ Email ☐ Hand Delivery ☐ Certified Mail ☐ Other: [____]

Awardee / Awardee's Counsel (if known):
Name: [________________________________]
Address: [________________________________]
Method: ☐ Email ☐ Hand Delivery ☐ Certified Mail ☐ Other: [____]

___________________________________
[Name of Person Serving]

XII. SIGNATURE BLOCK

PROTESTER:

[________________________________]
(Protester Legal Name)

By: ___________________________________

Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

COUNSEL FOR PROTESTER (if represented):

[________________________________]
(Law Firm Name)

By: ___________________________________

[________________________________], Esq.
Colorado Bar No. [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

SOURCES AND REFERENCES

1. Colorado Procurement Code, C.R.S. § 24-101-101 et seq.
2. C.R.S. § 24-103-203 - Competitive sealed proposals
3. C.R.S. § 24-103-401 - Specifications
4. C.R.S. § 24-109-101 - Resolution of controversies
5. C.R.S. § 24-109-101.5 - Prelitigation resolution of controversies
6. C.R.S. § 24-109-102 - Protested solicitations and awards (10 business days for standard; 3 for small purchase; 10-day decision)
7. C.R.S. § 24-109-102(5) - Stay of award/performance
8. C.R.S. § 24-109-201 - Contract claims
9. C.R.S. § 24-109-501 et seq. - Remedies
10. 1 CCR 101-9 - Colorado Procurement Rules
11. Rule R-24-109-102 - Protest procedures

This template is designed for use in the State of Colorado under the Colorado Procurement Code, C.R.S. § 24-101-101 et seq. Filing deadlines are strictly enforced. This template should be customized to the specific facts of each procurement and reviewed by a qualified Colorado attorney before filing. Laws and regulations may change; verify all citations before use.