Common use of Protest Procedure Clause in Contracts

Protest Procedure. This procedure is available to Bidders who submitted a response to this solicitation and who have participated in a debriefing conference. Upon completing the debriefing conference, the Bidder is allowed five (5) business days to file a protest of the acquisition with the Bid Coordinator. Protests must be submitted in writing via e-mail and signed by the protesting party or an authorized Agent. The protest must state the grounds for the protest with specific and complete statements of the action(s) being protested. A description of the relief or corrective action being requested should also be included. Bidders 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 Bidders under this procurement. 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 solicitation document, or applicable state or federal laws or regulations. Upon receipt of a protest, a protest review will be held by the Agency. All available facts will be considered and a decision will be issued by the Commissioner of Public Lands or his/her delegate 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 Bidder who submitted a bid, such Bidder will be given an opportunity to submit its views and any relevant information on the protest to the Bid Coordinator. The final determination of the protest shall: • Find the protest lacking in merit and uphold the Agency’s action; or • Find only technical or harmless errors in the Agency’s acquisition process conduct and determine the Agency to be in substantial compliance and reject the protest; or • Find merit in the protest and provide the Agency options which may include: o Correct the errors and re-evaluate all bids, quotations and/or proposals; and/or o Reissue the solicitation document; and/or o Make other findings and determine other courses of action as appropriate. If the Agency determines that the protest is without merit, the Agency will enter into a contract with the Apparent Successful Bidder. The Agency protest decision is final and no appeal process will be required. If a protesting Bidder does not accept the Agency protest response, the Bidder may try to seek relief from Thurston County Superior Court.

Protest Procedure. This procedure is available If the Contractor objects to Bidders who submitted a response to this solicitation and who have participated in a debriefing conference. Upon completing any direction, instruction, determination or decision provided by the debriefing conferenceDistrict, the Bidder is allowed five (5) business days to file Contractor may submit a protest of the acquisition with the Bid Coordinatorwritten protest. Protests All such written protests must be submitted within ten (10) days after such direction, instruction, determination or decision is delivered to the Contractor in writing via e-mail and signed by writing. If the protesting party direction, instruction, determination or an authorized Agent. The protest decision is oral, Contractor must state request that the grounds for the protest with specific and complete statements of the action(s) being protested. A description of the relief District provide said oral direction, instruction, determination or corrective action being requested should also be included. Bidders 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 Bidders under this procurement. 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 solicitation document, or applicable state or federal laws or regulations. Upon receipt of a protest, a protest review will be held by the Agency. All available facts will be considered and a decision will be issued by the Commissioner of Public Lands or his/her delegate within five (5) business days of receipt receiving the oral direction, instruction, determination or decision. The Contractor shall proceed without delay to perform work as directed, instructed, determined, or decided by the District and shall comply promptly with such directions, instructions, determinations, or decisions. Written protests shall clearly state in detail the Contractor's objections, the reasons therefor, and the nature and amount of additional compensation or extension of time, if any, to which the Contractor contends it will be entitled thereby. It shall also include, if possible, Contract specification references, quantities, costs and any related detailed records. The District will issue a decision upon each protest. If additional time is requiredthe District determines that the facts support the protest, the protesting party Contract will be notified of modified accordingly, in writing. If the delay. In District determines that the event a protest may affect facts do not support the interest of another Bidder who submitted a bidprotest, such Bidder request will be denied. The District's finding of fact of either determination will be given an opportunity to submit its views and any relevant information on the protest to the Bid Coordinator. The Contractor and such findings shall be final determination of the protest shall: • Find the protest lacking in merit and uphold the Agency’s action; or • Find only technical or harmless errors in the Agency’s acquisition process conduct and determine the Agency to be in substantial compliance and reject the protest; or • Find merit in the protest and provide the Agency options which may include: o Correct the errors and re-evaluate all bids, quotations and/or proposals; and/or o Reissue the solicitation document; and/or o Make other findings and determine other courses of action as appropriateconclusive. If the Agency determines that Contractor disagrees with any terms or conditions set forth in an approved contract change order which it has not executed, and does not submit a written protest within the protest is without merittime specified above, payment will be made as set forth in the Agency will enter into a approved contract with the Apparent Successful Bidderchange order, and such payment shall constitute full compensation for all work included therein or required thereby. The Agency Contractor shall be deemed to have waived all grounds for protest of direction, instruction, determination, or decision is final and no appeal process will all claims for additional compensation, extensions of time, or damages occasioned thereby for which protest could have been made under this Section, and shall further be required. If a protesting Bidder does not accept deemed to have accepted such direction, instruction, determination, or decision as being fair, reasonable, and determinative of the Agency protest response, Contractor's obligations and rights under the Bidder may try to seek relief from Thurston County Superior CourtContract.