Original Issuance Date: October 15, 2019
Last Revision Date: October 15, 2019
Effective Date: December 1, 2019
1. Policy Purpose
The purpose of this policy is to identify the dispute process for Board of Regents’ service contracts that are awarded using a sealed bid or request for proposal (RFP) process. This policy establishes the roles and responsibilities of UW institutions and UW System.
2. Responsible UW System Officer
UW System Director of Procurement
This policy pertains only to goods and services that fall under the Board of Regents (BOR) procurement authority. It only applies to service contract valued over $150,000. This policy does not apply to contracts for Architectural and Engineering (A/E) services or construction.
The Board of Regents of the University of Wisconsin System is authorized by s.36.11(1)(b), Wis. Stats., to purchase goods and services supporting the educational and research mission of the university. This authority is used to purchase goods and services not typically purchased by other state agencies nor found in statewide mandatory contracts. This authority is also used to purchase goods and services statutorily assigned to the university.
6. Policy Statement
This policy defines a dispute process for procurement under the BoR procurement authority. A dispute process provides a mechanism to review a bidding or RFP process, if a participating supplier believes the process was not conducted in accordance with UW System Administrative procurement policies and disputes the award. This applies to sealed bids or request for proposals for service contracts that exceed the sealed bidding threshold.
The dispute language found in UW System Administrative Procedure (SYS) 534.A, Procurement: Dispute Process, shall be incorporated into sealed bids and requests for proposals, for services, valued over the sealed bidding threshold. UW institutions shall follow the dispute process in SYS 534.A, Procurement: Dispute Process. The judgment of proposal evaluators is not subject to dispute.
Items not subject to dispute include:
A. Concerns regarding specifications of a bid or the requirements in an RFP (which must be raised at time of issuance of the bid or RFP)
B. Judgment of proposal evaluators for RFPs
If a supplier has concerns regarding specifications of a bid or the requirements in a RFP, the supplier shall notify the UW institution of any concerns with the specifications or requirements at the time of
the bid or RFP is issued.
If a supplier sends a letter of complaint, a UW institution should reply and attempt to address the concerns in the letter. A letter of complaint does not invoke the formal dispute process.
7. Related Documents
Section 36.11, Wis. Stats., Powers and Duties of the Board of Regents
UW System Administrative Procedure 534.A, Procurement: Dispute Process
8. Policy History
First approved: October 15, 2019
9. Scheduled Review