Purchasing Manual
XV. Vendor Protests and Complaints
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Page Index:
Policy
   A. Vendor Protest of an Award
      1. Conducting a Hearing for Aggrieved Bidders
   B. Vendor Complaints

POLICY

• Bidders who have submitted bids to the Materials
• Management Department (MMD) may submit an appeal for hearing to a bid award to the Director of MMD.
• The Department is responsible for handling complaints that relate to the purchasing function.

MMD will coordinate and share responsibility for handling complaints that result from nonpayment of vendor invoices by the University.

A. Vendor Protest of an Award

Vendors who conduct business with the University have been informed of the appeal procedures in the Vendor's Guide to Doing Business With Howard University. Vendors who believe they have been unfairly treated during bid evaluation may request a hearing. Such request must be in the form of a written appeal to the Director of MMD within 10 calendar days after the bid award date. The appeal must give complete and detailed reasons why the aggrieved bidder is appealing the bid award.

The Director of MMD will review the appeal for hearing and respond in writing to the aggrieved bidder within 10 calendar days from the date of the appeal request. If an appeal is accepted, a hearing is scheduled by the Director of MMD not later than 20 calendar days after the acceptance of the appeal. Notification of the hearing date shall be sent in writing before the hearing to all bidders who submitted bids for the bid being contested. All parties that wish to be heard at the hearing must send their statement to MMD no later than 24 hours prior to the hearing.

1. Conducting a Hearing For Aggrieved Bidders

The hearing is conducted by the Director of MMD. The purpose of the hearing is to:

• Redetermine whether the bid award of the contested bid was granted to a qualified bidder.
• Ascertain if the bid was awarded to the lowest responsible responsive bidder with consideration given to the bidders' conformity to the bid specifications, terms of delivery, and other conditions pertinent to the bid. A decision on the hearing will be made within 5 working days of the time of hearing and written notification of the decision will be sent to all attending the hearing.

B. Vendor Complaints

Should a vendor have a complaint about such actions taken as removal from the bidders' list, denial of admissions to the bidders' list, and rejection of materials delivered due to failure to meet agreed upon specifications and/or contract terms, he/she may also submit a written request for a hearing. The procedures for handling such complaints are the same as those set forth above.