1. Pre-Bid Protest
    1. Any Contractor may file a written protest of the procurement procedures involved herein, with the RTA’s Executive Director at least five (5) working days before the bid opening or proposal due date.
  2. Pre-Award Protest
    1. Any Contractor may file a written protest against the RTA’s making of an award after the RTA’s receipt of bids or proposals within ten (10) working days after the notification of a conditional award of a contract by the RTA.
  3. Post-Award Protest
    1. Any contractor may file a written protest of the procurement procedures involved herein, with the RTA’s Executive Director, at least five (5) working days after the date of the RTA’s issuance of a contract award to a contractor with respect to any Bid/RFP/RFQ.
  4. Performance Protest
    1. Any contractor may file a written protest of the procurement procedures involved herein, with the RTA’s Executive Director, at least five (5) working days after the date of the RTA’s Decision regarding an issue with respect to the vendor’s ability to perform
      under the terms of the contact.
  5. Each protest must clearly state:
    1. The name, address, and telephone number of the protester;
    2. The solicitation/contract number or description thereof.
    3. A statement of all of the grounds upon which the protest is made.
  6. Protests are to be in written form and filed by certified mail, return receipt requested or by personal delivery by 4:30pm on or before the due date at:

Executive Director
Gunnison Valley RTA
PO Box 39
507 Maroon Ave. Crested Butte, CO 81224

lf protests are filed by personal delivery, the protestor must obtain a time-stamped receipt copy of the protest from the Department as proof of the date and time of the filing of the protest. lt is the Protester’s sole responsibility to provide said copy at the time of filing.

C. HEARING PROCEDURE

  1. A hearing shall be conducted in accordance with Article 109 of the Colorado Procurement Rules Section R-24-109-101 through R-24-109-404-05, as amended, which are incorporated herein, provided that if there is a conflict between Article 109 et al. and these Written Protest Procedures, the latter will prevail. The hearing officer shall issue a written decision within twenty (20) calendar days of the last date of such hearing and state in the decision the reasons for the action taken, The Hearing Officer shall respond in detail to each substantive issue raised in the protest.
  2. The Hearing Officer shall be the responsible official who has the authority to make
    the final determination of the protest.
  3. The Hearing Officer shall address, in his/her determination, each material issue
    raised in the protest.
  4. The Hearing Officer’s determination shall be final and binding upon all parties
    upon issuance.
  5. Within (5) working days from its receipt of the decision of the Hearing Officer, a protester may request reconsideration of the decision, using the same procedure described in Section B.5 above. The request for reconsideration shall be addressed
    to the Executive Director, Gunnison Valley RTA, PO Box 39, 507 Maroon Ave., Crested Butte, CO 81224. The request for reconsideration shall set forth all of the grounds upon which the request is made.
  6. The Hearing officer shall issue a written decision on the request for reconsideration within ten (10) calendar days of receipt thereof and state in the decision the reasons for the granting or denial of the request.

D. REVIEW OF PROTEST BY FTA

  1. Where applicable, review of protests by FTA will be limited to the RTA’s failure to have or follow its protest procedures, or its failure to review a complaint or protest. An appeal to FTA must be received by the cognizant FTA Regional or Headquarters Office within five (5) working days of the date the protestor knew or should have known of the violation and/or five (5) days after the protestor knows or has reason to know that the RTA has failed to render a final decision. Such appeal must be filed in accordance with all FTA rules and regulations, and Section 7(i j of FTA Circular 4220.1D., as periodically updated. The FTA may allow a request for reconsideration if data becomes available that was not previously known, or if there has been an error of law or regulation. Violations of Federal law or regulation will be handled by the complaint process stated within that law or regulation. Violations of state or local regulations will be under the jurisdiction of state or local authorities.
  2. Post-determination protests may include allegations that the RTA failed to have or follow written protest procedures.