Government Contract Bid Protest

GOVERNMENT CONTRACT BID PROTEST

State of Indiana

OVERVIEW OF INDIANA PROCUREMENT PROTEST LAW

Indiana state procurement is governed by Indiana Code Title 5, Article 22 (Public Purchasing), which provides the statutory framework for competitive bidding and procurement. The Indiana Department of Administration (IDOA), Procurement Division, serves as the central purchasing authority. Bid protests are governed by IC 5-22-18 (Legal and Contractual Remedies) and the IDOA Procurement Protest Policy. Protests for state services contracts may also implicate IC 4-13.6.

Key Statutory Provisions:

• IC § 5-22-18 -- Legal and Contractual Remedies (bid protests)
• IC § 5-22-16 -- Competitive Bidding Requirements
• IC § 5-22-17 -- Specifications
• IC § 4-13-1.4 -- Indiana Department of Administration
• IC § 4-13.6 -- Procurement of State Services
• IDOA Procurement Protest Policy -- Detailed administrative procedures

Filing Deadlines:

• Specifications Protest: Must be received by close of business not less than ten (10) business days prior to the proposal or bid due date.
• Award/Process Protest: Must be received by close of business within five (5) business days after the date of the Award Recommendation Letter (or notification of rejection for Reverse Auction protests).

Filing Authority: IDOA Procurement Division Vendor Complaint/Protest Coordinator; appeal to IDOA Commissioner

Standing:

• Specifications Protest: Any potential bidder or respondent
• Award/Process Protest: Any bidder or respondent who submitted a timely bid or proposal

Automatic Stay: Filing a protest does not automatically stay the procurement. However, the State will not execute a contract until the protest period has passed and the issue has been resolved.

GROUNDS FOR PROTEST CHECKLIST

Check all grounds applicable to this protest:

☐ Solicitation specifications were inadequate, unduly restrictive, or ambiguous
☐ Evaluation of proposals deviated from stated evaluation criteria
☐ Agency failed to follow procurement procedures under IC 5-22
☐ Scoring errors, mathematical mistakes, or miscalculations in evaluation
☐ Bias, conflict of interest, or improper influence in the procurement process
☐ Unauthorized contact between agency personnel and one or more offerors
☐ Award to a non-responsive or non-responsible bidder
☐ Improper sole-source or emergency procurement justification
☐ Failure to provide required disclosure or notification of evaluation results
☐ Violation of small business set-aside or preference requirements
☐ Protester's bid or proposal improperly rejected as non-responsive
☐ Failure to conduct discussions, clarifications, or best and final offers (BAFOs) as required
☐ Unequal treatment of offerors during discussions or negotiations
☐ Cost or price evaluation errors
☐ Failure to comply with terms and conditions of the solicitation
☐ Procurement methods or procedures used were improper or unauthorized
☐ Agency failed to comply with IDOA Procurement Protest Policy
☐ Violation of Indiana Buy American or domestic preference requirements
☐ Other: [________________________________]

FORMAL BID PROTEST DOCUMENT

BEFORE THE INDIANA DEPARTMENT OF ADMINISTRATION

PROCUREMENT DIVISION

BID PROTEST / PROCUREMENT PROTEST

Protester: [________________________________]

Solicitation/RFP/IFB No.: [________________________________]

Solicitation Title: [________________________________]

Contracting Agency: [________________________________]

Date of Award Recommendation Letter: [__/__/____]

Date of This Protest: [__/__/____]

Protest Type: ☐ Specifications Protest ☐ Award/Process Protest

I. PRELIMINARY STATEMENT

This Bid Protest ("Protest") is submitted by [________________________________] ("Protester"), a [________________________________] organized under the laws of the State of [____], with its principal place of business at [________________________________], to the Indiana Department of Administration ("IDOA"), Procurement Division, pursuant to Indiana Code § 5-22-18 and the IDOA Procurement Protest Policy.

Protester challenges the [☐ specifications of the solicitation / ☐ award recommendation / ☐ procurement methods or procedures] in connection with Solicitation No. [________________________________] ("Solicitation"), which sought [________________________________] (brief description of goods/services procured).

II. TIMELINESS OF THIS PROTEST

For Specifications Protest:

1. The Solicitation was issued on [__/__/____] with a bid/proposal due date of [__/__/____].

2. This Protest is filed on [__/__/____], which is not less than ten (10) business days prior to the proposal or bid due date, as required by the IDOA Procurement Protest Policy.

3. Therefore, this Protest is timely.

For Award/Process Protest:

1. On [__/__/____], the Agency issued the Award Recommendation Letter for the above-referenced Solicitation, recommending award to [________________________________] ("Awardee").

2. Protester received actual or constructive notice of the Award Recommendation on [__/__/____].

3. This Protest is filed on [__/__/____], which is within five (5) business days after the date of the Award Recommendation Letter, as required by the IDOA Procurement Protest Policy.

4. Therefore, this Protest is timely.

III. STANDING

1. Protester [☐ is a potential bidder or respondent (for specifications protests) / ☐ submitted a timely bid/proposal in response to the Solicitation on [__/__/____] (for award protests)].

2. Protester is [☐ a bidder / ☐ a respondent / ☐ an offeror] with a direct economic interest affected by the Agency's [specifications / award recommendation / procurement procedures].

3. Protester therefore has standing to bring this Protest under IC 5-22-18 and the IDOA Procurement Protest Policy.

IV. STATEMENT OF FACTS

Set forth a detailed chronological narrative of the relevant facts:

1. On [__/__/____], the Agency issued Solicitation No. [________________________________], seeking [________________________________].

2. The Solicitation established the following evaluation criteria and weights:

a. [________________________________] -- [____]%

b. [________________________________] -- [____]%

c. [________________________________] -- [____]%

d. [________________________________] -- [____]%

e. Cost/Price -- [____]%

3. On [__/__/____], Protester submitted its bid/proposal in response to the Solicitation.

4. [________________________________] (describe any pre-award events, amendments, clarifications, or discussions).

5. On [__/__/____], the Agency issued the Award Recommendation Letter recommending award to [________________________________].

6. [________________________________] (describe any debriefing information or post-award communications).

7. [________________________________] (additional relevant facts).

8. [________________________________] (additional relevant facts).

V. GROUNDS FOR PROTEST

Protester asserts the following grounds:

Ground 1: [________________________________]

[________________________________]

Supporting facts: [________________________________]

Applicable authority: [________________________________]

Ground 2: [________________________________]

[________________________________]

Supporting facts: [________________________________]

Applicable authority: [________________________________]

Ground 3: [________________________________]

[________________________________]

Supporting facts: [________________________________]

Applicable authority: [________________________________]

Ground 4: [________________________________]

(Add additional grounds as necessary)

[________________________________]

VI. LEGAL ARGUMENT

A. The Agency's Procurement Decision Violated Indiana Procurement Law

The Agency's [specifications / award recommendation / procurement procedures] violated Indiana Code § 5-22 because [________________________________]. The purpose of IC 5-22 is to ensure fair and open competition in state procurement, and the Agency's actions undermined these principles.

B. The Agency Failed to Follow Its Own Evaluation Criteria

The Solicitation established specific evaluation criteria and weights. The Agency deviated from these criteria by [________________________________]. Under Indiana procurement law, an agency is bound by the evaluation methodology set forth in its solicitation. Deviation from stated criteria is a material error requiring corrective action.

C. The Specifications Are Inadequate, Unduly Restrictive, or Ambiguous

(If applicable) The Solicitation's specifications are [inadequate / unduly restrictive / ambiguous] in that [________________________________]. These deficiencies [prevent fair competition / favor a particular vendor / make it impossible to submit a responsive bid].

D. Protester Was Prejudiced by the Agency's Actions

But for the Agency's errors, Protester would have [received the award / been in line for award / had a substantial chance of receiving the award]. The Agency's actions directly and materially prejudiced Protester's competitive position.

E. Additional Legal Arguments

[________________________________]

VII. REQUEST FOR SUSPENSION OF PROCUREMENT

Protester respectfully requests that IDOA suspend the procurement process and refrain from executing a contract with the recommended awardee pending resolution of this Protest for the following reasons:

1. There is a substantial likelihood that Protester will prevail on the merits;

2. Execution of the contract before resolution of the Protest will cause irreparable harm to Protester, in that [________________________________];

3. Suspension will not cause undue harm to the Agency or the State because [________________________________];

4. The public interest favors resolution of the Protest before contract execution because [________________________________].

Note: Under the IDOA Procurement Protest Policy, the State will not execute a contract until the protest period has passed and the issue has been resolved.

VIII. REQUESTED RELIEF

Protester respectfully requests that IDOA:

1. ☐ Sustain this Protest and find that the Agency's [specifications / award recommendation / procurement procedures] were improper;

2. ☐ Direct the Agency to cancel the award recommendation to [________________________________];

3. ☐ Direct the Agency to re-evaluate proposals in accordance with the Solicitation's stated criteria;

4. ☐ Award the contract to Protester as the highest-ranked responsive and responsible offeror;

5. ☐ Direct the Agency to amend the Solicitation specifications to cure identified deficiencies;

6. ☐ Direct the Agency to re-solicit the procurement;

7. ☐ Suspend contract execution pending resolution of this Protest;

8. ☐ Award Protester its reasonable costs, including bid/proposal preparation costs;

9. ☐ Grant such other and further relief as IDOA deems just and appropriate.

IX. LIST OF EXHIBITS

☐ Exhibit A: Copy of the Solicitation (or relevant excerpts)

☐ Exhibit B: Protester's Bid/Proposal (or relevant excerpts)

☐ Exhibit C: Award Recommendation Letter

☐ Exhibit D: Correspondence with the Agency

☐ Exhibit E: Evaluation Score Sheets (if available)

☐ Exhibit F: Debriefing Notes

☐ Exhibit G: [________________________________]

☐ Exhibit H: [________________________________]

X. CERTIFICATION

I, the undersigned, hereby certify that:

1. The statements and representations made in this Protest are true and correct to the best of my knowledge, information, and belief;

2. This Protest is filed in good faith and not for any improper purpose, such as to delay the procurement or cause unnecessary expense;

3. The factual contentions herein have evidentiary support or, if specifically identified, will likely have evidentiary support after a reasonable opportunity for investigation;

4. I am authorized to submit this Protest on behalf of Protester.

XI. SIGNATURE AND IDENTIFICATION

PROTESTER:

Signature: _________________________________

Printed Name: [________________________________]

Title: [________________________________]

Organization: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Date: [__/__/____]

COUNSEL FOR PROTESTER (if applicable):

Signature: _________________________________

Name: [________________________________], Esq.

Indiana Attorney No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Date: [__/__/____]

XII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Bid Protest, together with all exhibits, was served upon the following by [☐ electronic mail to [email protected] / ☐ hand delivery / ☐ certified mail, return receipt requested]:

1. Vendor Complaint/Protest Coordinator
   Indiana Department of Administration, Procurement Division
   402 West Washington Street, Room W478/479
   Indianapolis, Indiana 46204
   Email: [email protected]

2. [________________________________] (Contracting Agency Contact)
   [________________________________]
   [________________________________]

3. [________________________________] (Awardee, if known)
   [________________________________]
   [________________________________]

Signature: _________________________________

Name: [________________________________]

Date: [__/__/____]

FILING CHECKLIST

☐ Protest prepared in writing and signed
☐ Protest conforms to requirements of the IDOA Procurement Protest Policy
☐ Correct protest type identified (Specifications vs. Award/Process)
☐ Specifications Protest: Filed at least ten (10) business days prior to bid/proposal due date
☐ Award/Process Protest: Filed within five (5) business days after the Award Recommendation Letter date
☐ Protest submitted via email to [email protected] or hand-delivered to IDOA Procurement Division
☐ Protest includes specific grounds with supporting facts and legal authority
☐ All supporting exhibits attached
☐ Certificate of Service completed
☐ Copy served on contracting agency
☐ Copy served on awardee (if known)
☐ Retained copy of complete filing with proof of submission
☐ Confirmed receipt by Vendor Complaint/Protest Coordinator
☐ Calendared all applicable deadlines

PROTEST REVIEW PROCESS

Initial Review by IDOA Procurement Division

1. Receipt and Acknowledgment: The Vendor Complaint/Protest Coordinator receives and logs the Protest.

2. Timeliness Determination: IDOA first determines whether the Protest was timely filed.

3. Review on the Merits: If timely, IDOA reviews the Protest on its merits, including all supporting documentation and the procurement record.

4. Agency Response: The contracting agency is given an opportunity to respond to the Protest.

5. Initial Determination: The Procurement Division issues an initial determination sustaining or denying the Protest.

Appeal to the IDOA Commissioner

1. Right to Appeal: If the Bidder or Offeror receives an adverse determination from the Procurement Division, the Bidder or Offeror may submit a request for appeal to the IDOA Commissioner.

2. Commissioner Review: The Commissioner reviews the record, the initial determination, and the appeal.

3. Final Administrative Determination: The Commissioner issues a final administrative determination.

Effects During Protest

• The State may continue to negotiate the contract with the recommended awardee during the protest period.
• The State will not execute the contract until the protest period has passed and the issue has been resolved.

REMEDIES AVAILABLE

Under Indiana procurement law, the following remedies may be available upon a sustained protest:

• Cancellation of the solicitation
• Cancellation of the award recommendation
• Re-evaluation of bids or proposals
• Re-solicitation of the procurement
• Amendment of solicitation specifications
• Award to the protester (if appropriate)
• Reasonable costs of filing the protest, including bid/proposal preparation costs (to the extent authorized)
• Such other corrective action as deemed appropriate

JUDICIAL REVIEW

If the protest is denied at the administrative level (both initial determination and appeal to the Commissioner), the following judicial review options may be available:

1. Filing in Court: A protester may seek judicial review by filing a complaint in the appropriate Indiana court, typically the Marion County Superior Court or Circuit Court (for state-level procurements).

2. Standard of Review: The court reviews the agency's decision to determine whether it was:
   - Arbitrary, capricious, or an abuse of discretion
   - Contrary to law
   - Unsupported by substantial evidence
   - In excess of statutory authority

3. Injunctive Relief: The protester may seek a temporary restraining order (TRO) or preliminary injunction to prevent contract execution pending judicial resolution.

4. Timing: Judicial review should be sought promptly after exhaustion of administrative remedies.

LOCAL GOVERNMENT PROCUREMENTS

For protests of local government (county, city, town) procurement decisions in Indiana, note the following:

• IC 5-22 applies to local governmental units as well as the State.
• Local units may have their own protest procedures in addition to IC 5-22.
• Protests of local procurements should be directed to the purchasing agent or purchasing agency of the local unit.
• Judicial review of local procurement decisions is available in the circuit or superior court of the county where the local unit is located.

IMPORTANT NOTES AND PRACTICE TIPS

1. Email Filing Preferred: IDOA prefers protests submitted via email to [email protected]. Confirm receipt with the Vendor Complaint/Protest Coordinator.

2. Business Days Only: Both the five-day and ten-day deadlines are measured in business days as defined by the State work calendar, not calendar days. Exclude weekends and state holidays.

3. Be Specific: The Protest must set forth specific grounds. Conclusory allegations without supporting facts will be denied.

4. Preserve Evidence: Immediately upon learning of an adverse award recommendation, preserve all procurement-related documents, communications, scoring sheets, and correspondence.

5. Request Debriefing: Before filing, request a debriefing from the Agency. Information obtained during the debriefing can strengthen your protest.

6. No Contract Execution During Protest: The State's policy of not executing contracts during pending protests provides important protection, but this is a policy decision, not a statutory mandate. Monitor the status of contract execution.

7. Reverse Auction Protests: For Reverse Auction procurements, the protest deadline runs from the date of notification of rejection, not the Award Recommendation Letter.

8. Document Everything: Keep detailed records of all communications with IDOA, the Agency, and any other parties throughout the protest process.

This template is provided for informational purposes only and does not constitute legal advice. Consult a qualified Indiana attorney before filing a bid protest.

SOURCES AND REFERENCES

• Indiana Code § 5-22 -- Public Purchasing
• Indiana Code § 5-22-18 -- Legal and Contractual Remedies
• Indiana Code § 4-13-1.4 -- Indiana Department of Administration
• Indiana Code § 4-13.6 -- Procurement of State Services
• IDOA Procurement Division: https://www.in.gov/idoa/procurement/
• IDOA Award Protests Page: https://www.in.gov/idoa/procurement/supplier-resource-center/award-protests/