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Appeals and Remedies

15.0 APPEALS AND REMEDIES

15.1 General. It is Agency policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences.

15.2 Informal Appeals Procedure. The Agency shall adopt an informal bid protest/appeal procedure for contracts of $99,999.99 or less. Under these procedures, the bidder/contractor may request to meet with the Contracting Officer to discuss why the bidder feels a protest is merited. After a discussion has been documented by the CO and if the bidder/contractor agrees to close the appeal process, no further action will be taken. If the bidder/contractor feels the issue has not been resolved, the CO would then refer the bidder/contractor to our Board of Commissioners/Executive Committee.

15.3 Formal Appeals Procedure. A formal appeals procedure shall be established for solicitations/contracts of more than $99,999.99.

15.3.1 Bid Protest. Any actual or prospective contractor may protest the solicitation or award of a contract for serious violations of the principles of this Policy. Any protest a solicitation must be received before the due date for the receipt of bids or proposals, and any protest the award of a contract must be received within ten (10) calendar days after the contract receives notice of the contract award, or the protest will not be considered. All bid protests shall be in writing, submitted to the Contracting Officer or designee, who shall issue a written decision on the matter. The Contracting Officer may, at his/her discretion, suspend the procurement pending resolution of the protest if the facts presented so warrant.
15.3.2 Contractor Claims. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Contracting Officer for a written decision. The contractor may request a conference on the claim. The Contracting Officer's decision shall inform the contractor of its appeal rights to the next higher level of authority in the Agency. Contractor claims shall be governed by the Changes clause in the relevant form HUD-5370.