Common use of Protest Procedure Clause in Contracts

Protest Procedure. This procedure is available to Vendors who submitted a response to this solicitation document and who have participated in a debriefing conference. Upon completing the debriefing conference, the Vendor is allowed five (5) business days to file a protest of the acquisition with the WSP Budget and Fiscal Services (BFS) Administrator-at the address below: WSP Budget and Fiscal Services ATTN: BFS Administrator Mailing Address: Street Address: P.O. Box 42602 ▇▇▇—▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇ ▇▇▇ Olympia, WA 98504-2602 Olympia, Washington 98504 Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Vendors protesting this procurement shall follow the procedures described below. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Vendors under this procurement. Request for Proposal WRECR All protests must be in writing and signed by the protesting party. The protest must state the grounds for the protest with specific facts and complete statements of the action(s) being protested. A description of the relief or corrective action being requested should also be included. All protests shall be addressed to the WSP BFS Administrator. Only protests stipulating an issue of fact concerning the following subjects shall be considered: • A matter of bias, discrimination or conflict of interest on the part of the evaluator; • Errors in computing the score; • Non-compliance with procedures described in the procurement document or WSP policy. Protests not based on procedural matters will not be considered. Protests will be rejected as without merit if they address issues such as: 1) an evaluator’s professional judgment on the quality of a proposal, or 2) WSP’s assessment of its own and/or other agencies needs or requirements. Upon receipt of a protest, a protest review will be held by WSP. The Chief of WSP or an employee delegated by the Chief of WSP who was not involved in the procurement will consider the record and all available facts and issue a decision within five business days of receipt of the protest. If additional time is required, the protesting party will be notified of the delay. In the event a protest may affect the interest of another Vendor which submitted a proposal, such Vendor will be given an opportunity to submit its views and any relevant information on the protest to the WSP BFS Administrator. The final determination of the protest shall: • Find the protest lacking in merit and uphold WSP’s action; or • Find only technical or harmless errors in WSP’s acquisition process and determine the WSP to be in substantial compliance and reject the protest; or • Find merit in the protest and provide options to WSP, including correcting errors and reevaluating all proposals; reissuing the solicitation document; or making other findings and determining other courses of action as appropriate. If WSP determines that the protest is without merit, WSP will enter into a contract with the apparently successful contractor(s). If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken. If the protesting Vendor is not satisfied with WSP’s decision, it may appeal to the Washington State Department of Information Services (DIS). Written notice of appeal to DIS must be received by DIS within five (5) business days after the Vendor receives procedure constitutes the sole administrative remedy available to Vendors under this procurement. Request for Proposal WRECR All protests must be in writing and signed by the protesting party. The protest must state the grounds for the protest with specific facts and complete statements of the action(s) being protested. A description of the relief or corrective action being requested should also be included. All protests shall be addressed to the WSP Business Office Manager. Only protests stipulating an issue of fact concerning the following subjects shall be considered: • A matter of bias, discrimination or conflict of interest on the part of the evaluator; • Errors in computing the score; • Non-compliance with procedures described in the procurement document or WSP policy. Protests not based on procedural matters will not be considered. Protests will be rejected as without merit if they address issues such as: 1) an evaluator’s professional judgment on the quality of a proposal, or 2) WSP’s assessment of its own and/or other agencies needs or requirements. Upon receipt of a protest, a protest review will be held by WSP. The Chief of WSP or an employee delegated by the Chief of WSP who was not involved in the procurement will consider the record and all available facts and issue a decision within five business days of receipt of the protest. If additional time is required, the protesting party will be notified of the delay. In the event a protest may affect the interest of another Vendor which submitted a proposal, such Vendor will be given an opportunity to submit its views and any relevant information on the protest to the WSP Business Office Manager. The final determination of the protest shall: • Find the protest lacking in merit and uphold WSP’s action; or • Find only technical or harmless errors in WSP’s acquisition process and determine the WSP to be in substantial compliance and reject the protest; or • Find merit in the protest and provide options to WSP, including correcting errors and reevaluating all proposals; reissuing the solicitation document; or making other findings and determining other courses of action as appropriate. If WSP determines that the protest is without merit, WSP will enter into a contract with the apparently successful contractor(s). If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken. If the protesting Vendor is not satisfied with WSP’s decision, it may appeal to the Washington State Department of Information Services (DIS). Written notice of appeal to DIS must be received by DIS within five (5) business days after the Vendor receives notification of WSP’s decision. In conducting its review, DIS will consider all available relevant facts. ▇▇▇ will resolve the appeal in one of the following ways: Request for Proposal WRECR • Find that the protest lacks merit and upholding WSP’s action. • Find only technical or harmless errors in WSP’s acquisition process, determining WSP to be in substantial compliance, and rejecting the protest; or • Find merit in the protest and provide options to WSP, including correcting errors and reevaluating all proposals; reissuing the solicitation document; or making other findings and determining other courses of action as appropriate. DIS will issue a written decision within five business days after receipt of the notice of appeal, unless more time is needed. The protesting Vendor will be notified if additional time is necessary. DIS’ determination is final; no further administrative appeal is available.

Appears in 1 contract

Sources: Contract (Globalwise Investments Inc)

Protest Procedure. This procedure is available to Vendors Protests may be made only by Proposers who submitted a response to this solicitation document RFP and who have participated in a debriefing conference. Upon completing the debriefing conference, the Vendor Proposer is allowed five three (53) business days to file a protest of the acquisition with the WSP Budget and Fiscal Services (BFS) Administrator-at RFP Coordinator. Protests must be received by the address below: WSP Budget and Fiscal Services ATTN: BFS Administrator Mailing Address: Street Address: P.O. Box 42602 ▇▇▇—▇▇▇▇ ▇▇▇▇▇▇ ▇▇RFP Coordinator no later than 4:30 PM, ▇▇▇▇ ▇▇▇ Olympialocal time, WA 98504-2602 Olympiain Tumwater, Washington 98504 Phone: (▇▇▇) ▇▇▇on the third business day following the debriefing. Protests may be submitted by e-▇▇▇▇ Vendors mail, but must then be followed by the document with an original signature. Proposers protesting this procurement shall follow the procedures described below. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Vendors proposers under this procurement. Request for Proposal WRECR All protests must be in writing writing, via email, addressed to the RFP Coordinator, and signed by the protesting partyparty or an authorized Agent. The protest must state the RFP number, the grounds for the protest with specific facts and complete statements of the action(s) being protested. A description of the relief or corrective action being requested should also be included. All protests shall be addressed to the WSP BFS Administrator. Only protests stipulating an issue of fact concerning the following subjects shall be considered: • A matter of bias, discrimination or conflict of interest on the part of the an evaluator; • Errors in computing the score; • Non-compliance with procedures described in the procurement document RFP or WSP OIC policy. Protests not based on procedural matters will not be considered. Protests will be rejected as without merit if they address issues such as: 1) an evaluator’s professional judgment on the quality of a proposal, or 2) WSP’s OIC’S assessment of its own and/or other agencies needs or requirements. Upon receipt of a protest, a protest review will be held by WSPthe OIC. The Chief Deputy Insurance Commissioner of WSP OIC (Chief Deputy) or an employee delegated by the Chief of WSP Deputy who was not involved in the procurement will consider the record and all available facts and issue a decision within five (5) business days of receipt of the protest. If additional time is required, the protesting party will be notified of the delay. In the event a protest may affect the interest of another Vendor which Proposer that also submitted a proposal, such Vendor Proposer will be given an opportunity to submit its views and any relevant information on the protest to the WSP BFS AdministratorRFP Coordinator. The final determination of the protest shall: • Find the protest lacking in merit and uphold WSPthe OIC’s action; or • Find only technical or harmless errors in WSPthe OIC’s acquisition process and determine the WSP OIC to be in substantial compliance and reject the protest; or • Find merit in the protest and provide the OIC options to WSP, including correcting which may include: --Correct the errors and reevaluating re-evaluate all proposals; reissuing , and/or --Reissue the solicitation document; document and begin a new process, or making --Make other findings and determining determine other courses of action as appropriate. If WSP the OIC determines that the protest is without merit, WSP the OIC will enter into a contract with the apparently successful contractor(s)Apparent Successful Contractor. If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken. If the protesting Vendor is not satisfied with WSP’s decision, it may appeal to the Washington State Department of Information Services (DIS). Written notice of appeal to DIS must be received by DIS within five (5) business days after the Vendor receives procedure constitutes the sole administrative remedy available to Vendors under this procurement. Request for Proposal WRECR All protests must be in writing 5 RFP EXHIBITS Exhibit A Certifications and signed by the protesting party. The protest must state the grounds for the protest with specific facts Assurances Exhibit B Sample Contract including General Terms and complete statements of the action(s) being protested. A description of the relief or corrective action being requested should also be included. All protests shall be addressed to the WSP Business Office Manager. Only protests stipulating an issue of fact concerning the following subjects shall be considered: • A matter of bias, discrimination or conflict of interest on the part of the evaluator; • Errors in computing the score; • Non-compliance with procedures described in the procurement document or WSP policy. Protests not based on procedural matters will not be considered. Protests will be rejected as without merit if they address issues such as: 1) an evaluator’s professional judgment on the quality of a proposal, or 2) WSP’s assessment of its own and/or other agencies needs or requirements. Upon receipt of a protest, a protest review will be held by WSP. The Chief of WSP or an employee delegated by the Chief of WSP who was not involved in the procurement will consider the record and all available facts and issue a decision within five business days of receipt of the protest. If additional time is required, the protesting party will be notified of the delay. In the event a protest may affect the interest of another Vendor which submitted a proposal, such Vendor will be given an opportunity to submit its views and any relevant information on the protest to the WSP Business Office Manager. The final determination of the protest shall: • Find the protest lacking in merit and uphold WSP’s action; or • Find only technical or harmless errors in WSP’s acquisition process and determine the WSP to be in substantial compliance and reject the protest; or • Find merit in the protest and provide options to WSP, including correcting errors and reevaluating all proposals; reissuing the solicitation document; or making other findings and determining other courses of action as appropriate. If WSP determines that the protest is without merit, WSP will enter into a contract with the apparently successful contractor(s). If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken. If the protesting Vendor is not satisfied with WSP’s decision, it may appeal to the Washington State Department of Information Services (DIS). Written notice of appeal to DIS must be received by DIS within five (5) business days after the Vendor receives notification of WSP’s decision. In conducting its review, DIS will consider all available relevant facts. ▇▇▇ will resolve the appeal in one of the following ways: Request for Proposal WRECR • Find that the protest lacks merit and upholding WSP’s action. • Find only technical or harmless errors in WSP’s acquisition process, determining WSP to be in substantial compliance, and rejecting the protest; or • Find merit in the protest and provide options to WSP, including correcting errors and reevaluating all proposals; reissuing the solicitation document; or making other findings and determining other courses of action as appropriate. DIS will issue a written decision within five business days after receipt of the notice of appeal, unless more time is needed. The protesting Vendor will be notified if additional time is necessary. DIS’ determination is final; no further administrative appeal is available.Conditions

Appears in 1 contract

Sources: Contract for Services