Government Contract Bid Protest - Kansas

PROTEST OF SOLICITATION / AWARD

State of Kansas

Before the Director of Purchases / Secretary of Administration

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: [__/__/____]

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 Kansas procurement statutes, K.S.A. 75-3738 et seq., and the procurement regulations at K.A.R. 1-12-1 et seq.

2. Under K.S.A. 75-37,102, the Director of Purchases within the Department of Administration has authority over state purchasing and procurement, including the resolution of procurement protests.

3. The Secretary of Administration has general supervisory authority over the procurement process. K.S.A. 75-3738.

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

5. Under K.S.A. 75-3739, all purchases of goods and services estimated to exceed $50,000 must be made upon the basis of competitive sealed bids solicited by notice published in the Kansas Register at least ten days before the bid opening date. The Protester contends that the Agency violated these mandatory competitive procurement requirements.

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: [________________________________]

Address: 900 SW Jackson Street, Suite 451-S, Topeka, KS 66612

D. Awardee (if known)

Name: [________________________________]

Address: [________________________________]

III. TIMELINESS OF PROTEST

A. Applicable Deadline

This Protest is timely filed in accordance with applicable Kansas procurement regulations and established protest procedures.

☐ Pre-award protest filed before the bid opening or within the prescribed period for challenging solicitation terms.

☐ Post-award protest filed within the applicable deadline after the Protester knew or should have known of the facts giving rise to the Protest.

B. Triggering Event

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

C. Type of Protest

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

IV. STATEMENT OF RELEVANT FACTS

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

2. The Solicitation was published in the Kansas Register as required by K.S.A. 75-3739, at least ten (10) days before the bid opening date.

3. The bid notice was also posted on the Department of Administration Procurement and Contracts website and sent to prospective bidders as required by K.S.A. 75-3739(b).

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

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

6. On [__/__/____], sealed bids were opened publicly as required by K.S.A. 75-3740.

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 Award to Lowest Responsible Bidder: Under K.S.A. 75-3740, the contract shall be awarded to the lowest responsible bidder. The Agency failed to comply.

Factual Basis: [________________________________]

Ground 2: [Title]

☐ Evaluation Errors: The Agency deviated from the stated evaluation criteria and/or applicable procurement law.

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.

Ground 4: [Title]

☐ Specification Deficiency: The specifications were unduly restrictive, ambiguous, or drafted to favor a particular vendor.

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 comply with minority/disadvantaged business enterprise requirements
☐ Other: [________________________________]

VI. LEGAL ARGUMENT

A. Kansas Procurement Framework

Kansas state procurement is governed by K.S.A. 75-3738 et seq. and the procurement regulations at K.A.R. 1-12-1 et seq. Under K.S.A. 75-3739, purchases exceeding $50,000 require competitive sealed bids advertised in the Kansas Register. The Director of Purchases has authority to administer the procurement process and resolve disputes. K.S.A. 75-37,102.

Under K.S.A. 75-3740, awards from competitive sealed bids shall be made to the lowest responsible bidder, considering conformity with specifications, terms of delivery, and other conditions specified in the solicitation.

B. "Lowest Responsible Bidder" Standard

The term "lowest responsible bidder" encompasses both the price offered and the responsibility of the bidder, which includes the bidder's:

1. Financial stability and capacity;
2. Technical capability to perform the contract;
3. Past performance record;
4. Conformity with the specifications and terms of the solicitation; and
5. Compliance with applicable laws and regulations.

C. Competitive Prejudice

The Protester was competitively prejudiced because: [________________________________]

D. Detailed Legal Analysis

[________________________________]

VII. REQUEST FOR STAY OF AWARD/PERFORMANCE

The Protester requests that the Director of Purchases stay the award or performance pending resolution:

☐ Reasonable likelihood the Protest will be sustained
☐ Stay will not harm the public interest
☐ Balance of equities favors a stay

Supporting Facts: [________________________________]

VIII. REQUESTED REMEDIES

The Protester respectfully requests:

1. ☐ Sustain the Protest;

2. ☐ Stay the award or performance pending resolution;

3. ☐ Direct corrective action, including:
   - ☐ Re-evaluation of bids
   - ☐ Re-solicitation
   - ☐ Cancellation of the improper award
   - ☐ Award to the Protester as the lowest responsible bidder
   - ☐ Other: [________________________________]

4. ☐ Award reasonable costs to the extent authorized;

5. ☐ Other relief as the Director of Purchases or Secretary of Administration deems appropriate.

IX. REPRESENTATIONS AND CERTIFICATIONS

9.1 Accuracy. The Protester certifies that the statements herein are true and correct.

9.2 No Pending Actions. No other action concerning this procurement is pending.

9.3 Standing. The Protester is an actual or prospective bidder with a direct economic interest.

9.4 Good Faith. This Protest is filed in good faith.

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. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Protest was served on:

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

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

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

• Competitive sealed bids are required for state purchases exceeding $50,000. K.S.A. 75-3739.
• Bid solicitations must be published in the Kansas Register at least 10 days before the bid opening. K.S.A. 75-3739(b).
• The Director of Purchases must also solicit bids by mail to prospective bidders and by posting notice for at least 10 business days. K.S.A. 75-3739(b).
• Awards from sealed bids must be to the "lowest responsible bidder." K.S.A. 75-3740.
• Professional services procurements are governed by K.S.A. 75-37,143.
• The Secretary of Administration has general supervisory authority over procurement. K.S.A. 75-3738.
• Judicial review of final procurement decisions may be available through the Kansas Judicial Review Act, K.S.A. 77-601 et seq., or through a direct action in district court.
• The Kansas Open Records Act (K.S.A. 45-215 et seq.) may provide access to procurement records relevant to the protest.

SOURCES AND REFERENCES

1. Kansas Procurement Statutes, K.S.A. 75-3738 et seq.
2. K.S.A. 75-3739 - Competitive bids ($50,000 threshold; Kansas Register publication; 10-day notice)
3. K.S.A. 75-3740 - Sealed bids; award to lowest responsible bidder
4. K.S.A. 75-37,102 - Director of Purchases authority
5. K.S.A. 75-37,143 - Professional services procurement
6. K.S.A. 75-3738 - Secretary of Administration supervisory authority
7. K.A.R. 1-12-1 et seq. - Kansas Procurement Regulations
8. K.S.A. 77-601 et seq. - Kansas Judicial Review Act
9. K.S.A. 45-215 et seq. - Kansas Open Records Act
10. Department of Administration, Procurement and Contracts procedures

This template is designed for use in the State of Kansas under K.S.A. 75-3738 et seq. Protest procedures and deadlines may vary by agency. This template should be customized and reviewed by a qualified Kansas attorney before filing. Laws and regulations may change; verify all citations before use.