IMcGUIREVOODS
January 31, 2020
(ia Electronic Mail and Hand Delivery
Mr. Wayne Witcher, CPPO‘CPPB
Director of Contracts and Procurement Services
Charleston County Schoo! District
3999 Bridgeview Drive
North Charleston, South Caroline 29405
Re: Request for Administrative Review by the Procurement Review Panel for
Solicitation B2002 Student Transportation Services for Charleston County School
District
Mr. Wilcher and the Procurement Review Panel:
Durham Schoo! Services (“Durham”) submits ths timely request for administrative review
by the Procurement Review Panel of the Charleston County Schoo! District pursuant to Section
42106 of the Charleston County School District Consolidated Procurement Code ("the
Procurement Code”), Durham submitted a timely protest of the contract award by the procurement
officer for Solication B2002 Student Transportation Services for Charleston County School
District ("the RFP"). The Director of Contracts and Procurement Services (“the Director") denied
that protest on January 23, 2020. Durham now seeks review and a hearing by the District
Procurement Review Panel as allowed by Section 4210.6.
Quite simply, the contract award is illegal because the procurement officer ignored the
terms set forth inthe REP to make the awaed, Ignoring the controlling terms ofthe RFP is an error
of law under the Procurement Code. Proper application ofthe terms ofthe RFP and Procurement
Code would have led to one result—award of the contract to Durham,
‘The illegal decision to award the contract will divert over $4.5 million dollars of limited
District resources from the classroom. Durham's proposal saves the District that money and would
allow the District to invest those savings where itis needed most—belping our teachers educate
‘our children while allowing Durham to continue to provide first-rate transportation services to
the District,Page 2
Automatic Stay of Procurement Award during Appellate Review
Section 4210.7 of the Procurement Code provides that the "District shall not proceed
further wth te solicitation or award of the contract until ten (10) days after « decision is posted
by the Chief Procurement Officer, of in the event of timely appeal to the District Procurement
Review Panel, until a decision is rendered by the Panel.” Accordingly, the contract award is stayed
pending fnal resolution of this appeal
‘The Procurement Code also states thatthe “award ofa protested contract is not stayed if
the Chief Procurement Officer, after consultation with the Superintendent, makes waitten