Government Contract Bid Protest - Michigan

FORMAL BID PROTEST

State of Michigan

Department of Technology, Management and Budget (DTMB) Central Procurement

Filed Pursuant to MCL 18.1261 et seq. and DTMB Bidder Protest Procedures

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Timeliness and Standing
4. Factual Background
5. Grounds for Protest
6. Relief Requested
7. Supporting Documentation
8. Certification and Signature
9. Certificate of Service

1. DOCUMENT HEADER

PROTEST OF AWARD RECOMMENDATION

Date of Filing: [DATE]

Solicitation Number: [SOLICITATION/RFP/ITB NUMBER]

Solicitation Title: [TITLE OF SOLICITATION]

Contracting Agency: [STATE AGENCY NAME]

Protest Deadline per Solicitation: [DATE AND TIME]

PROTESTING BIDDER/OFFEROR:

FILED WITH:

State of Michigan
Department of Technology, Management and Budget (DTMB)
Central Procurement Services
Chief Procurement Officer
Constitution Hall
525 W. Allegan Street
Lansing, MI 48933

Submitted via: ☐ Email to: [[email protected]] ☐ SIGMA System ☐ Other: [SPECIFY]

2. DEFINITIONS

For purposes of this Protest, the following terms have the meanings set forth below:

"Act" means the Management and Budget Act, MCL 18.1261 et seq.

"Agency" means [NAME OF CONTRACTING STATE AGENCY].

"Apparent Successful Offeror" or "Awardee" means [NAME OF ENTITY TO WHICH AWARD IS RECOMMENDED].

"CPO" means the Chief Procurement Officer of the State of Michigan, DTMB.

"DTMB" means the Michigan Department of Technology, Management and Budget.

"Protesting Bidder" or "Protester" means [LEGAL BUSINESS NAME].

"Solicitation" means [RFP/ITB NUMBER], issued on [DATE], with proposals/bids due on [DATE].

3. TIMELINESS AND STANDING

3.1 Timeliness of Protest

(a) The Solicitation specified that protests of the award recommendation must be received by [DATE] at [TIME] (Eastern Time).

(b) This Protest is being filed on [DATE] at [TIME] (Eastern Time).

(c) This Protest is therefore timely filed in accordance with the Solicitation and DTMB Bidder Protest procedures.

3.2 Standing

(a) Protester submitted a responsive proposal/bid on [DATE] in response to the Solicitation.

(b) Protester is an actual bidder/offeror with a direct economic interest in the outcome of the award decision.

(c) Protester will suffer competitive injury if the award recommendation is not corrected.

(d) Protester therefore has standing to file this Protest.

4. FACTUAL BACKGROUND

4.1 Chronology of Procurement Events

(a) [DATE] – Agency issued Solicitation [NUMBER] for [BRIEF DESCRIPTION OF GOODS/SERVICES].

(b) [DATE] – Pre-proposal conference held (if applicable).

(c) [DATE] – Questions submitted; Addendum [NUMBER] issued on [DATE].

(d) [DATE] – Proposal/bid submission deadline.

(e) [DATE] – Protester submitted its proposal/bid.

(f) [DATE] – Agency announced award recommendation to [AWARDEE NAME].

(g) [DATE] – Protester received notification of non-selection.

4.2 Summary of Facts Supporting Protest

[Provide a concise, chronological narrative of the facts believed to constitute an error in the award recommendation. Include specific references to solicitation sections, proposal contents, evaluation criteria, and communications with the Agency.]

5. GROUNDS FOR PROTEST

5.1 Ground One: [TITLE OF GROUND]

Statutory/Regulatory/Solicitation Provision Violated:

[Cite specific MCL section, DTMB policy, Executive Directive, or Solicitation section that was violated.]

Factual Basis:

[Describe the specific facts demonstrating the violation. Be specific and cite evidence.]

Prejudice to Protester:

[Explain how this violation prejudiced Protester and affected the outcome.]

5.2 Ground Two: [TITLE OF GROUND]

Statutory/Regulatory/Solicitation Provision Violated:

[Cite specific provision.]

Factual Basis:

[Describe the specific facts.]

Prejudice to Protester:

[Explain the competitive injury.]

5.3 Ground Three: [TITLE OF GROUND] (If Applicable)

[Add additional grounds as needed. Each ground should follow the same format.]

5.4 Common Grounds for Michigan State Procurement Protests

☐ Violation of Michigan Statute (MCL):

• Failure to apply required preferences under MCL 18.1268 (Michigan-based business preference)
• Failure to apply veteran preference under MCL 35.1093
• Violation of MCL 18.1261 (competitive solicitation requirements)
• Other statutory violation: [SPECIFY]

☐ Violation of DTMB Procurement Policy:

• Conflict of interest affecting evaluation or award
• Fraud or ethical violation in procurement process
• Failure to follow published evaluation criteria
• Arbitrary or capricious evaluation scoring
• Failure to conduct fair and equal treatment of offerors
• Improper disclosure of confidential information

☐ Violation of Solicitation Instructions:

• Failure to follow stated evaluation methodology
• Failure to apply stated evaluation criteria and weights
• Mathematical or scoring errors
• Failure to conduct proper cost/price analysis
• Improper communication with offerors
• Failure to document evaluation rationale
• Evaluation of factors not stated in solicitation
• Unequal treatment during discussions or BAFOs

☐ Violation of Executive Directive:

• Executive Directive 2019-8 (procurement integrity)
• Other Executive Directive: [SPECIFY]

6. RELIEF REQUESTED

WHEREFORE, Protester respectfully requests that the Chief Procurement Officer:

☐ 6.1 Stay of Award. Pending resolution of this Protest, stay the award and refrain from finalizing the contract with the Apparent Successful Offeror.

☐ 6.2 Sustain the Protest. Sustain this Protest and find that the Agency violated applicable statutes, policies, or solicitation instructions.

☐ 6.3 Re-Evaluation. Direct the Agency to conduct a re-evaluation of proposals in accordance with the stated criteria and methodology.

☐ 6.4 Revised Award Recommendation. Direct the Agency to issue a revised award recommendation to Protester or another offeror as appropriate.

☐ 6.5 Cancel and Resolicit. Cancel the solicitation and issue a new solicitation correcting the identified deficiencies.

☐ 6.6 Best and Final Offers. Reopen discussions with offerors within the competitive range and request Best and Final Offers.

☐ 6.7 Proposal Cost Reimbursement. Reimburse Protester for the reasonable costs of proposal preparation in the amount of $[AMOUNT].

☐ 6.8 Protest Cost Reimbursement. Reimburse Protester for the reasonable costs of filing this Protest, including attorneys' fees, in the amount of $[AMOUNT].

☐ 6.9 Other Relief. Grant such other relief as the CPO deems just and appropriate, including: [SPECIFY].

7. SUPPORTING DOCUMENTATION

The following documents are attached in support of this Protest:

8. CERTIFICATION AND SIGNATURE

8.1 Certifications

The undersigned, being duly authorized to represent Protester, hereby certifies that:

(a) The statements and representations contained in this Protest are true, correct, and complete to the best of my knowledge and belief;

(b) Protester has reviewed the Solicitation, DTMB Bidder Protest procedures, and applicable Michigan law;

(c) This Protest is filed in good faith and is not filed for the purpose of delay or harassment;

(d) All documents and information submitted with this Protest are authentic and have not been altered;

(e) Protester understands that making false statements may result in debarment from future state contracting.

8.2 Signature Block

PROTESTING BIDDER: [LEGAL BUSINESS NAME]

By: ___________________________________________

Printed Name: __________________________________

Title: _________________________________________

Date: _________________________________________

Email: ________________________________________

Telephone: ____________________________________

COUNSEL FOR PROTESTER (if applicable):

By: ___________________________________________

Printed Name: __________________________________

Firm: _________________________________________

Address: ______________________________________

State Bar No.: __________________________________

Email: ________________________________________

Telephone: ____________________________________

Date: _________________________________________

9. CERTIFICATE OF SERVICE

I hereby certify that on [DATE], I caused a true and correct copy of the foregoing Formal Bid Protest, together with all Exhibits, to be served upon the following by the method indicated:

Department of Technology, Management and Budget (DTMB):
Chief Procurement Officer
DTMB Central Procurement Services
Constitution Hall
525 W. Allegan Street
Lansing, MI 48933
Email: [[email protected]]
☐ Email ☐ SIGMA System ☐ Hand Delivery ☐ Overnight Courier

Contracting Agency:
[AGENCY NAME]
Attention: [CONTACT NAME]
[ADDRESS]
Email: [EMAIL]
☐ Email ☐ Hand Delivery ☐ Overnight Courier

Apparent Successful Offeror (if required by solicitation):
[AWARDEE NAME]
[ADDRESS]
Email: [EMAIL]
☐ Email ☐ Certified Mail ☐ Overnight Courier ☐ Not Required

___________________________________________
Signature of Person Serving Documents

Printed Name: __________________________________

Date: _________________________________________

PRACTITIONER NOTES

Michigan-Specific Protest Procedures

1. Deadline Compliance is Critical. The protest must be received by the date and time specified in the solicitation. Late protests will not be considered.

2. Final Decision. The Chief Procurement Officer's decision on the protest is final. There is no formal administrative appeal beyond the CPO.

3. Automatic Stay. Until issuing a final decision on a timely protest, DTMB will not finalize the award.

4. Focus Areas. Focus on:
   - Michigan statutes violated (MCL 18.1261 et seq., preferences)
   - DTMB procurement policies not followed
   - Solicitation instructions not followed

5. Protests That Cannot Be Upheld. Per DTMB policy, protests cannot be upheld for:
   - Failure to follow solicitation submission instructions
   - Late submissions
   - Failure to provide required samples, literature, or documents
   - Failure to provide required deposits or bonds
   - Late protest filing

6. Specification Protests. DTMB will generally not withdraw an award recommendation when a protest claims specifications were faulty, unless it determines doing so is in the State's best interest.

7. Complete Submission. Only information provided within the protest period will be considered. Submit all evidence with the initial protest.

Key Legal References

• Management and Budget Act: MCL 18.1261 et seq.
• Michigan-Based Business Preference: MCL 18.1268
• Veteran Preference: MCL 35.1093
• DTMB Procurement Website: michigan.gov/dtmb/procurement
• Bidder Protest Procedures: michigan.gov/dtmb/procurement/contractconnect/programs-and-policies/policies/bidder-protests
• SIGMA Vendor Portal: For electronic filing if required

Competitive Bid Threshold (2024-25)

The State of Michigan competitive bid threshold is $30,512. Procurements below this threshold may have different protest procedures.