June 15, 2017, Introduced by Rep. Marino and referred to the Committee on Appropriations.
A bill to amend 1984 PA 431, entitled
"The management and budget act,"
(MCL 18.1101 to 18.1594) by adding section 266.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 266. (1) The department shall develop a protest process
for an unsuccessful bidder to protest an award decision under this
act.
(2) The protest process developed by the department shall be
clearly stated on the department's website and referred to in all
requests for proposals issued by the department.
(3) The protest process developed by the department shall
include all the following:
(a) The time and manner in which the unsuccessful bidder must
file the protest.
(b) The specific information that must be included in the
protest.
(c) The specific statute, procurement policy, or solicitation
instruction that was violated in the award decision.
(d) If the protest process provides for a protest period
extension, then obtaining information under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246, is not a valid
reason for a protest period extension.
(4) The following actions of a bidder do not constitute a
valid reason for protesting an award:
(a) Failure of a bidder to properly follow solicitation
submission instructions.
(b) Failure of a bidder to submit the bid to the department by
the due date and time.
(c) Failure of a bidder to provide mandatory samples,
descriptive literature, or other required documents by the date and
time specified.
(d) Failure of a bidder to provide a required deposit or
performance bond by the date and time specified.
(e) Failure of a bidder to submit a protest within the time
stipulated in the solicitation request for proposal.
(5) The chief procurement officer or his or her designee shall
investigate and provide a written response to the protesting party
to all protests that meet the requirements of this section. Until
issuing a final decision on a timely protest, the department will
not finalize an award of a contract or purchase order pursuant to a
disputed solicitation. However, if there is a threat to public
health, safety, or welfare, or danger of immediate and substantial
harm to state property from delay in making an award, the chief
procurement officer may proceed with an award and document the
justification for that action.