DISPUTE RESOLUTION PROCEDURESBefore pursuing legal action, the Vendor or contractor shall appeal the dispute to the Executive Director of Procurement via APS’ Purchasing Dispute Resolution Provisions.1.1 A “dispute” is a disagreement” between APS and the vendor over the payment of money, the adjustment or interpretation of contract terms, any claims arising out of or relating to any aspect of a solicitation, bid, or failure to conduct a solicitation or bid, any decision to award, deny, suspend or cancel, terminate or not renew, any contract or agreement.1.2 These Dispute Resolution Procedures apply to and shall constitute the exclusive procedure for resolution of all claims, disputes, complaints and Dispute Resolution Requests of any kind filed by an Aggrieved Person relating in any way to any agreement entered into by the Vendor, including, but not limited to, those arising out of or relating to any aspect of a solicitation, bid, or failure to conduct a solicitation or bid, any decision to award, deny, suspend or cancel, terminate or not renew any contract or agreement.1.3 FILING OF A DISPUTE RESOLUTION REQUESTA. Any aggrieved person may file a Dispute Resolution Request seeking a determination with respect to any matter which is included within the scope of these Dispute Resolution Procedures as set forth in 1.2. An aggrieved Person who files a Dispute Resolution Request is hereinafter referred to as a “Petitioner.”B. The Dispute Resolution Request shall be in writing, shall be filed by delivery by certified mail, or any other method by which a written business record of delivery is kept, to the Director of Procurement Services at the address listed below:
Atlanta Public Schools
Attn: Executive Director of Purchasing and Warehouse Operations
130 Trinity Avenue
Atlanta, GA 30303C. The Dispute Resolution Request shall include the following information:
i. The name, address, and telephone number of the Petitioner/Company;
ii. Identification of the solicitation or contract number that is the subject of the dispute;
iii. A statement of the factual grounds supporting the position of the Petitioner;
iv. Any other documentation the Petitioner wishes to submit in support of Petitioner’s position;
v. A statement of the relief requested;vi. The signature of the Petitioner.D. For a Dispute Resolution Request to be timely filed, the Dispute Resolution Request must be physically received with the time period described in Section 1.4 below.1.4 TIME FOR FILING A DISPUTE RESOLUTION REQUEST
A. Written disputes relative to the specifications or the solicitation document shall be filed not later than five (5) business days prior to the closing date for receipt of initial proposals.B. Written disputes relative to an amendment to any solicitation that are apparent before the closing date for receipt of proposals shall be filed within five (5) business days after the amendment is posted.
C. Written disputes relative to the award of a contract shall be filed within five (5) business days after the issuance of a Notice of Intent to award such contract.i. If the Dispute Resolution Request is timely filed, APS may award and enter into such contract only if a written determination that the award of such contract without delay is necessary to protect substantial interests of the District.D. All other written disputes shall be filed not later than five (5) business days after the Aggrieved Person knows or should have known of the facts giving rise to the action complained of.
E. Failure to file a written Dispute Resolution Request in accordance with 1.4 shall bar any further administrative equitable relief.
1.5 NOTICE OF FILING OF A DISPUTE RESOLUTION REQUESTA. Material submitted by a Petitioner shall not be withheld from any interested party except to the extent required by law.
B. If the Petitioner believes the Dispute Resolution Request contains material that should be withheld, a statement advising the Director of Procurement of this fact shall accompany the Dispute Resolution Request submission.
1.6 DECISION BY THE EXECUTIVE DIRECTOR OF PURCHASING AND WAREHOUSE OPERATIONSA. The Executive Director of Purchasing shall have the exclusive authority to decide all Dispute Resolution Requests.
B. The Executive Director of Purchasing shall issue a written decision within thirty (30) calendar days after a Dispute Resolution Request has been filed. The decision shall include:
i. A brief description of the claim;
ii. A reference to the pertinent solicitation or contract provision;
iii. A brief statement of the factual issues;
iv. A statement of the Executive Director of Purchasing’s decision with supporting rationale and the remedial action and/or award, if any.C. The Executive Director of Purchasing shall furnish a copy of the decision to the Petitioner by certified mail, return receipt requested, or by any other method that provides evidence of delivery.
D. Pending claims shall not delay payment for undisputed amounts from the District to an Aggrieved Person or Petitioner.
1.7 EXCLUSIVE ADMINISTRATIVE REMEDY
These Dispute Resolution Procedures provide the exclusive administrative procedure for asserting a claim against the Procurement Services Department arising out of any matter which is within the scope of these Dispute Resolution Procedures. Neither an Aggrieved Person, Petitioner, nor any other interested party, has a right to any administrative remedy against the Procurement Services Department, except in accordance with the procedures set forth in these Dispute Resolution Procedures.