Government Contract Bid Protest - Kansas

PROTEST OF SOLICITATION / AWARD

State of Kansas

Before the Director of Purchases

CASE CAPTION

BEFORE THE DIRECTOR OF PURCHASES
DEPARTMENT OF ADMINISTRATION
STATE OF KANSAS

In the Matter of the Protest of:

Protester: [________________________________]

Concerning:

Solicitation/Contract No.: [________________________________]

Issuing Agency: [________________________________]

Protest No. (if assigned): [________________________________]

Date Filed: [__/__/____]

VENDOR BID PROTEST AND REQUEST FOR APPLICABLE INTERIM ACTION

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 Applicable Interim Action
8. Requested Remedies
9. Required Contents and Optional Representations
10. Exhibits
11. Submission Record and Optional Copies
12. Signature Block

I. INTRODUCTION AND JURISDICTIONAL STATEMENT

1. This Protest is submitted under the Kansas Department of Administration's current Vendor Bid Protest Procedure, which requires a written protest received by the Director of Purchases within 30 calendar days after the event giving rise to the protest and no later than 30 days after award or renewal.

2. K.S.A. 75-3738 vests state purchasing functions and procedural authority in the Director of Purchases. The Department's Vendor Bid Protest Procedure directs covered protests to that official.

3. Procurement route identified from the solicitation:
   ☐ Competitive bidding under K.S.A. 75-3739 and 75-3740
   ☐ Negotiated procurement for services or technical products under K.S.A. 75-37,102
   ☐ Prior-authorization/noncompetitive notice under K.S.A. 75-3739(a)
   ☐ Agency-specific or solicitation-specific route: [________________________________]

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

5. If K.S.A. 75-3739(b) controls, a purchase estimated above $50,000 generally uses sealed bids and Kansas Register notice at least 10 days before opening, but the Director may waive Register publication when a more timely procurement is in the State's best interest. Identify the exact subsection, exception, delegation, or negotiated-procurement authority that applies before alleging a violation.

II. PARTIES

A. Protester

Legal Name: [________________________________]

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

State of Organization: [________________________________]

Principal Business Address: [________________________________]

City, State, ZIP: [________________________________]

Kansas Tax ID or Registration No.: [________________________________]

Authorized Representative: [________________________________]

Title: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

B. Contracting Agency

Agency Name: [________________________________]

Procurement Contact: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

C. Department of Administration, Procurement and Contracts

Director of Purchases: [________________________________]

Current submission address or method shown by the solicitation / Department: [________________________________]

Current protest-procedure source: https://admin.ks.gov/offices/procurement-contracts/procurement-resources/procurement-forms

D. Awardee (if known)

Name: [________________________________]

Address: [________________________________]

III. TIMELINESS OF PROTEST

A. Applicable Deadline

The Department's Vendor Bid Protest Procedure requires the written protest to be received by the Director of Purchases within 30 calendar days after the event giving rise to the protest and bars acceptance more than 30 days after contract award or renewal.

☐ Protest received within 30 calendar days after the event identified below.

☐ Protest received no later than 30 calendar days after award or renewal.

B. Triggering Event

The event giving rise to this Protest occurred on [__/__/____], when: [________________________________]

C. Type of Protest

☐ Pre-award protest
☐ Post-award protest
☐ Other: [________________________________]

D. Published Nonwaivable Omissions

The Department's procedure states that the Director will not grant a waiver for, or hear a protest concerning, these omissions:

☐ Failure to properly complete the bid form
☐ Failure to submit the bid by the due date or time
☐ Failure to provide required samples, descriptive literature, or other documents by the stated deadline
☐ Failure to provide a required bid deposit or performance bond by the stated deadline

If the dispute falls within one of these categories, do not represent that the published protest procedure supplies relief; obtain Kansas counsel's advice about any separate route.

IV. STATEMENT OF RELEVANT FACTS

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

2. If K.S.A. 75-3739(b) applies, the Solicitation was published in the Kansas Register on [__/__/____], or the Director used the statutory publication-waiver authority documented at [________________________________].

3. If K.S.A. 75-3739(b) applies, the notice was sent to prospective bidders and posted for at least 10 business days, including through authorized electronic methods when used under subsection (n).

4. The Solicitation established the following evaluation criteria/requirements:
   - [________________________________]
   - [________________________________]
   - [________________________________]

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

6. For a sealed-bid procurement under K.S.A. 75-3739(b), bids were opened publicly on [__/__/____]. For a negotiated procurement under K.S.A. 75-37,102, replace this paragraph with the proposal and committee-evaluation history.

7. [________________________________] (additional facts)

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

9. [________________________________] (additional relevant facts)

V. GROUNDS OF PROTEST

The Protester asserts the following grounds:

Ground 1: [Title]

☐ Failure to Apply the Lowest-Responsible-Bidder Rule: If this is a competitive-bid procurement governed by K.S.A. 75-3740(a), the award must follow that section, including applicable statutory preferences and exceptions. This ground does not govern a negotiated procurement excluded by K.S.A. 75-37,102(e).

Factual Basis: [________________________________]

Ground 2: [Title]

☐ Evaluation Errors: The Agency deviated from the stated solicitation criteria or the law governing the identified procurement route.

Factual Basis: [________________________________]

Ground 3: [Title]

☐ Responsiveness Determination Error: The Agency improperly determined the Awardee to be responsive, or improperly rejected the Protester's bid as non-responsive.

Factual Basis: [________________________________]

Applicable Authority: K.S.A. 75-3740 for a covered competitive-bid procurement; otherwise identify K.S.A. 75-37,102 and the solicitation provision actually governing the evaluation.

Ground 4: [Title]

☐ Specification Deficiency: For a procurement governed by K.S.A. 75-3739(f), the specifications effectively excluded a responsible bidder offering comparable supplies, materials, equipment, or contractual services.

Factual Basis: [________________________________]

Ground 5: [Title]

☐ Procedural Violations: The Agency failed to follow mandatory procurement procedures, including advertising requirements or sealed bid procedures.

Factual Basis: [________________________________]

Applicable Authority: K.S.A. 75-3739; K.S.A. 75-3740.

Additional Grounds:

☐ Improper waiver of competitive bidding requirements
☐ Conflict of interest
☐ Improper sole-source procurement
☐ Failure to apply a preference or bidder requirement that actually governs this solicitation
☐ Negotiated-procurement error under K.S.A. 75-37,102 or the solicitation
☐ Other: [________________________________]

VI. LEGAL ARGUMENT

A. Kansas Procurement Framework

K.S.A. 75-3738 defines the Director of Purchases' powers. K.S.A. 75-3739 supplies competitive-bidding routes, exceptions, dollar thresholds, notice rules, and delegations. K.S.A. 75-3740 governs awards when competitive bids are required. K.S.A. 75-37,102 supplies a distinct negotiated-procurement route for services or technical products and states that contracts entered under that section are not subject to the competitive-bid provisions identified in subsection (e).

The Department's current Vendor Bid Protest Procedure supplies the general 30-day protest route used in this packet; the former personnel-regulation citation did not.

B. "Lowest Responsible Bidder" Standard

For a competitive-bid procurement governed by K.S.A. 75-3740(a), the award is to the lowest responsible bidder after considering conformity with specifications, delivery terms, and other conditions in the call for bids, subject to the section's preferences, rejection provisions, and other exceptions. Cite the solicitation's actual responsibility criteria rather than importing a federal list.

For a negotiated procurement under K.S.A. 75-37,102, the procurement negotiating committee may negotiate and select a party; the statute does not impose the § 75-3740 lowest-responsible-bidder rule. If the selected proposal is not the lowest, the Director's quarterly report must explain why.

C. Effect of the Challenged Error

Explain concretely how the challenged act affected the Protester's bid, evaluation, opportunity to compete, or requested relief without treating a federal prejudice formula as Kansas law: [________________________________]

D. Detailed Legal Analysis

[________________________________]

VII. REQUEST FOR APPLICABLE INTERIM ACTION

The Department's Vendor Bid Protest Procedure distinguishes pre-award and post-award filings:

☐ Pre-award / pre-renewal protest: The procedure states that no contract shall be awarded or renewed until the protest is heard, unless the Director determines immediate award is necessary to protect State interest.

☐ Post-award protest: The procedure does not state an automatic stay of performance. The Protester requests only the interim action the Director is legally authorized to provide: [________________________________]

Supporting Facts: [________________________________]

VIII. REQUESTED REMEDIES

The Protester respectfully requests:

1. ☐ Sustain the Protest;

2. ☐ Apply the pre-award protection in the Vendor Bid Protest Procedure, if the protest was filed before award or renewal;

3. ☐ Take corrective action within the Director's authority and the governing procurement route, such as:
   - ☐ Re-evaluation of bids
   - ☐ Re-solicitation
   - ☐ Cancellation of the improper award
   - ☐ Other: [________________________________]

4. ☐ Issue a written final decision identifying the disposition and reasons;

5. ☐ Other relief within current authority: [________________________________]

The Department's published protest procedure does not promise protest costs, attorney fees, an automatic post-award stay, or an award to the Protester.

IX. REQUIRED CONTENTS AND OPTIONAL REPRESENTATIONS

The Department's Vendor Bid Protest Procedure requires the protest to include:

☐ Protester's name and address
☐ Procurement identified by bid or contract number
☐ Specific reasons for protest
☐ Supporting exhibits, evidence, or documents, or the expected availability date if not yet available

Optional accuracy certification: The undersigned certifies that the factual statements are true and correct to the best of the undersigned's knowledge and belief.

Relationship to procurement: [________________________________]

X. EXHIBITS

☐ Exhibit A - Solicitation and Amendments
☐ Exhibit B - Protester's Bid/Proposal (Redacted)
☐ Exhibit C - Bid Tabulation / Award Notification
☐ Exhibit D - Kansas Register Publication Notice
☐ Exhibit E - Correspondence with Agency
☐ Exhibit F - Declaration of [________________________________]
☐ Exhibit G - [________________________________]

XI. SUBMISSION RECORD AND OPTIONAL COPIES

The undersigned records that on [__/__/____], this written Protest was submitted to and received by the Director of Purchases using the current method stated by the Department or solicitation:

Director of Purchases / Department of Administration:
Name: [________________________________]
Method: ☐ Email ☐ Hand Delivery ☐ Certified Mail
Receipt / tracking confirmation: [________________________________]

Optional copy to Agency:
Name: [________________________________]
Method: ☐ Email ☐ Hand Delivery ☐ Certified Mail

Optional copy to Awardee (if known):
Name: [________________________________]
Method: ☐ Email ☐ Hand Delivery ☐ Certified Mail

___________________________________
[Name]

XII. SIGNATURE BLOCK

PROTESTER:

[________________________________]

By: ___________________________________

Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

COUNSEL FOR PROTESTER (if represented):

[________________________________]

By: ___________________________________

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

KANSAS-SPECIFIC PROCEDURAL NOTES

• The Department's Vendor Bid Protest Procedure requires a written protest received by the Director within 30 calendar days after the triggering event and no more than 30 days after award or renewal.
• The protest must identify the protesting vendor, the bid or contract, specific reasons, and supporting material or its expected availability date.
• A pre-award or pre-renewal protest prevents award or renewal until heard unless the Director determines immediate award is necessary to protect State interest. The published procedure states no automatic post-award stay.
• The Director's decision is final within the administrative process. The procedure identifies the Director as the officer to receive service of a judicial-review petition for the Division of Purchases.
• K.S.A. 75-3739(b) generally requires sealed bids and at least 10 days' Kansas Register notice for purchases estimated above $50,000, but it contains exceptions and publication-waiver authority.
• K.S.A. 75-3740's lowest-responsible-bidder rule applies when competitive bids are required; K.S.A. 75-37,102(e) places negotiated procurements under a distinct statutory route.
• K.S.A. 75-3740(f) requires bid and award documents to be retained for five years and opened to public inspection at reasonable times.
• Any judicial review must independently satisfy K.S.A. 77-607, 77-611 through 77-613, and 77-621; this packet does not promise reviewability or a particular remedy.

SOURCES AND REFERENCES

1. K.S.A. 75-3738 - Director of Purchases powers and duties: https://www.ksrevisor.gov/statutes/chapters/ch75/075_037_0038.html
2. K.S.A. 75-3739 - Competitive bidding routes, exceptions, thresholds, and notices: https://www.ksrevisor.gov/statutes/chapters/ch75/075_037_0039.html
3. K.S.A. 75-3740 - Lowest responsible bidder, preferences, rejection, and bid records: https://www.ksrevisor.gov/statutes/chapters/ch75/075_037_0040.html
4. K.S.A. 75-37,102 - Procurement negotiating committees: https://www.ksrevisor.gov/statutes/chapters/ch75/075_037_0102.html
5. Vendor Bid Protest Procedure: https://admin.ks.gov/browse/files/721971043c464771825c8b70cb65d1b6/download
6. Procurement Policies and Procedures Manual, § 16: https://admin.ks.gov/media/cms/SoK_OPC_Procurement_Manual_11_3b8e718e2b77b.html
7. Current Procurement Forms page: https://admin.ks.gov/offices/procurement-contracts/procurement-resources/procurement-forms
8. K.S.A. 77-607, 77-611 through 77-613, and 77-621 - Judicial-review thresholds and scope: https://www.ksrevisor.gov/statutes/chapters/ch77/

This template is a Kansas Department of Administration vendor-protest drafting aid. Confirm that the solicitation and procuring entity use the linked procedure, then customize the procurement route, triggering event, requested action, and submission method with Kansas counsel. This document does not constitute legal advice.