How to protest a solicitation

A. The updates were made to make the process clearer and fairer to everyone who participates in a solicitation process. Extending the timeline to submit a protest gives businesses more time to consider next steps and gather documentation if they believe an error affected their solicitation. Protests cannot be based on subjective scoring. 

A. The County does not want to create unreasonable barriers for businesses who believe an error or omission may have affected a solicitation or award decision. The new or updated procedures are clearer, more transparent, and provide more time to review and prepare documentation that supports the basis of a bid protest. The updates include expectations that protesters clearly point out the error or omission they believe affected the solicitation process, and make sure they understand that a protest that doesn’t comply with the outlined procedures will be denied. These updates better serve everyone involved – the suppliers, the agencies – and create more fairness in the process. 

A. In 2023, the County received 15 protests, and in 2024 there were 16 protests.  

A. The County is responsible for delivering vital services to the people we serve, and our solicitations range from critical infrastructure projects to healthcare services and technology upgrades. Some of these contracts invest hundreds of millions of dollars into local communities and our economy, and we recognize the suppliers that must compete for this work have their own economic interests in mind. A great deal of time and effort goes into preparing and submitting a response to a solicitation.

The County's responsibility is to make the solicitation process fair for all concerned, and to award contracts to the most qualified consultants or the lowest responsive and responsible bidder. An error or omission that impacts a solicitation process should be addressed, and our procurement procedures afford businesses the opportunity to submit a protest.

While an important and legitimate option, it's important to consider that protests can delay contract execution. This might result in project or program delays, shortages of needed materials, increased costs, and may create uncertainty for competing suppliers. Through updates that make the protest procedures clearer, fairer, and more transparent, we are better serving the interests of everyone – the public we serve, the agencies that do vital work, and the suppliers we work with.