HOUSE BILL NO. 4954

September 12, 2019, Introduced by Rep. Marino and referred to the Committee on Commerce and Tourism.

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.

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:

(a) Senate Bill No.____ or House Bill No. 4956 (request no. 01138'19 *).

(b) Senate Bill No.____ or House Bill No. 4955 (request no. 03476'19).