Common use of BID PROTEST Clause in Contracts

BID PROTEST. Any bidder may file a bid protest. The District must be informed of any intent of a bid protest within three (3) business days of bid opening. An e-mail address shall be provided and by filing the protest, protesting bidder consents to receipt of e-mail notices for purposes of the protest and protest related questions and protest appeal, if applicable. A formal protest must be submitted in writing to the DISTRICT’S office, before 4:00 p.m. of the fifth (5th) business day following the opening of Bidder’s Envelopes. The bid protest must set forth, in detail, all grounds for the bid protest, including without limitation all facts, supporting documentation, legal authorities and argument in support of the grounds for the bid protest; any matters not set forth in written bid protest shall be deemed waived. All factual contentions must be supported by competent, admissible and credible evidence. Any bid protest not conforming to the foregoing shall be rejected by the District without recourse. The protest must include the name, address, and the telephone number of the person representing the protesting party. Provided that the bid protest is filed in strict conformity with the foregoing, the DISTRICT’S Executive Director of Facilities Planning & Purchasing shall review and evaluate the basis of the bid protest and make a determination. Once the bid protest is received, the apparent lowest responsible bidder will be notified of the protest and the evidence presented. If appropriate, the apparent low bidder will be given an opportunity to rebut the evidence and present evidence that the apparent low bidder should be allowed to perform the Work. If deemed appropriate by the District, an informal hearing will be held. District will issue a written decision within fifteen (15) calendar days of receipt of the protest, unless factors beyond the DISTRICT’S reasonable control prevent such resolution. The decision on the bid protest will be copied to all parties involved in the protest. If the determination is unacceptable to the bid protestor, the bid protestor will notify the DISTRICT’S Executive Director within three (3) business days of receiving the determination that they require a reconsideration. The Vice Chancellor, Business Services shall review and evaluate the basis of the bid protest and make a secondary determination and issue a written response to the appeal, or if appropriate, appoint a Hearing Officer to conduct a hearing and issue a written decision. The written decision of the Vice Chancellor, Business Services, or the Hearing Officer shall be rendered with fifteen (15) calendar days and shall state the basis for the decision. This determination will be final and not subject to appeal or reconsideration by the District. The District reserves the right to proceed to award the Project and commence construction pending an Appeal. If there is State funding or a critical completion deadline, the District may choose to shorten the time limits set forth in this Section of written notice is provided to the protesting party. E-mailed notice with a written confirmation sent by First Class mail shall be sufficient to constitute written notice. If there is no written response to a written notice shortening time, the District may proceed with the award. The procedure and time limits set forth in this paragraph are mandatory and are Bidder’s sole and exclusive remedy in the event of a Bid protest. Bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings. A Bidder may not rely on a protest submitted from another Bidder, but must timely pursue its own protest.