Pre-Bid Protest
STEP |. Protest must be made in writing and addressed to the Purchasing Manager no later than five
(5) business days before the scheduled bid or RFP due date. Such protest must cite what
the solicitation was for, and for what reason the protest is lodged.
STEP 2. The Purchasing Manager shall make all reasonable attempts to resolve the protest prior to the
award of a contract, and may reschedule the bid opening date solely at their discretion if
deemed necessary. The Purchasing Manager must make their decision no later than three (3)
business days from date the protest is lodged.
Continue to Step 3 under Post-Bid procedures below
Post-Bid Protest
STEP 1. Protest must be made in writing and addressed to the Purchasing Manager no later than five
(5) business days after the scheduled bid due date. Such protest must cite what the solicitation
was for, and for what reason the protest is lodged,
STEP 2. The Purchasing Manager shall make all reasonable attempts to resolve the protest prior to
the award of a contract. The Transportation Manager must make their decision no later
than five (5) business days from date the protest is lodged.
STEP 3. If the protest is not satisfactorily resolved at Step 2, the person or firm making the protest
may request a hearing with his legal counsel and NTS with the City of Nashua’s legal
counsel serving as arbitrator on the matter. Request for such a hearing must be made
within ten
(10) Business days of the original date the protest was filed.
The decision of the City shall be final and binding on all parties. Appeal from the decision
of the City or any request by an adversely affected party may be submitted in writing to
the Federal Transportation Administration (FTA). FTA's recourse shall only consider
protest appeals where the local protest procedure does not exist or where the local
procedure was not followed.
49) BREACHES AND DISPUTE RESOLUTION — 49 CFR Part 18 — FTA Circular 4220.1F
Performance During Dispute - Unless otherwise directed by the City, Contractor shall
continue performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person
or property because of any act or omission of the party or of any of his employees, agents or
others for whose acts he is legally liable, a claim for damages therefor shall be made in
writing to such other party within a reasonable time after the first observance of such injury
of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and
other matters in question between the City and the Contractor arising out of or relating to
this agreement or its breach will be decided by arbitration if the parties mutually agree, or in
a court of competent jurisdiction within the State in which the City is located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents and
the rights and remedies available thereunder shall be in addition to and not a limitation of
any duties, obligations, rights and remedies otherwise imposed or available by law. No
action or failure to act by the City, Architect, or Contractor shall constitute a waiver of any
right or duty afforded any of them under the Contract, nor shall any such action or failure to
act constitute an approval of or acquiescence in any breach thereunder, except as may be
specifically agreed in writing.
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