ARTICLE 22 RETAINAGE
22.01 Provisions concerning retainage and Contractors’ rights to deposit securities in lieu of retainage
are set forth in the Agreement.
ARTICLE23. APPEAL BY BIDDERS
23.01 Any bidder may appeal a pending bid award prior to award by Owner. The appellant must:
A. Submit a written protest to the Owner’s contract administrator within five (5) workdays
after the bid opening.
B. Describe, in the written protest, the issues to be addresses on appeal.
C. Post, with the written protest, a bond with a surety meeting the requirements of General
Condition 5.02 authorized to do business in this state or submit other security in a form
approved by Owner who will hold the bond or security until a determination is made on
the appeal.
D. Post the bond or other security in the amount of 25% of the total dollar value of the
appellant’s bid, up to a maximum bond or other security amount of 250,000.00.
E. Not seek any type of judicial intervention until Owner has rendered its final decision on
the protest.
23.02 Owner will stay award actions until after the Owner’s contract administrator has responded in
writing to the protest. If the appellant is not satisfied with the response, the appellant may then
protest to the Board of Public Works, who will render a final decision for the Owner. No bid
protests will be heard by the Board of Public Works unless bidder has followed the appeal
process.
23.03 If an appeal is granted, the full amount of the posted bond or security will be returned to the
appellant. If the appeal is denied or not upheld, a claim may be made against the bond for
expenses suffered by the Owner because of the unsuccessful appeal.
23.04 Owner is not liable for any costs, expenses, attorney’s fees, loss of income, or other damages
sustained by the appellant in a bid process.
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