Common use of Notice of Protest Clause in Contracts

Notice of Protest. 6.11.2.3.1 The protester shall include the following information in the Notice of Protest: a. Name, address, and telephone number of the protester, b. Signature of the protester or its representative, c. Identification of the notice of amendment and the RFQVA number, d. The specific numbered provision(s) of the amendment being protested, e. A statement of the legal and factual grounds of the intended protest including copies of any relevant documents, and f. The relief requested. 6.11.2.3.2 The Qualified Vendor shall file the Notice of Protest with the Department procurement officer within 30 days of the posting of the notice of amendment, or within 5 days of issuance of the verification of non-resolution through the Problem Solving process from the Assistant Director. 6.11.2.3.3 The Notice of Protest is deemed filed when the Department procurement officer receives the written document. 6.11.2.3.4 If the Department procurement officer makes a written determination within 5 days of receipt of the Notice of Protest that there is reasonable probability that the protest will be sustained and it serves the best interests of the state, the Department procurement officer shall notify the Division Assistant Director that the amendment may not be issued with the specific numbered provision(s) being protested that have a reasonable probability of being sustained until the Department procurement officer issues a written decision on such specific numbered provisions. 6.11.2.3.5 If the specific numbered provision(s) of the amendment being protested is deleted from the amendment, the Division Assistant Director shall notify the Department Procurement Officer, the protest shall be considered resolved, the Department Procurement Officer shall issue a written decision to that effect and the Division may issue the revised amendment. 6.11.2.3.6 If applicable, the protester shall include in the Notice of Protest a copy of the original Request for Problem Solving documentation and the written verification of non- resolution from the Assistant Director. 6.11.2.3.7 If the Department procurement officer sustains the protest, in whole or in part, and the notice, issuance or content of the amendment does not comply with applicable statutes and rules, the Department procurement officer shall implement an appropriate remedy. 6.11.2.3.8 In determining an appropriate remedy, the Department procurement officer shall consider the following: a. Circumstances surrounding the amendment, b. The degree of prejudice to other interested parties, c. The degree of prejudice to the integrity of the Qualified Vendor system, d. The good faith of the parties, e. The extent of performance, f. The costs to the state, g. The urgency of the amendment, and h. The impact of the relief on the Department's mission. 6.11.2.3.9 Within 21 days of the receipt of the protest, the Department procurement officer shall send a written decision to the protester by certified mail, return receipt requested, or by any other method that provides evidence of receipt and shall send a copy of the decision to the Division. The Department procurement officer shall explain the reasons for the conclusions reached in the decision. 6.11.2.3.10 Upon receipt of the decision from the Department procurement officer, the protester may file an appeal with the Department's Office of Appeals as authorized in A.R.S. §§ 41-1991, 41-1992(A) through (C), excluding any references to review by the Appeals Board, and A.R.S. § 41-1993(A). 6.11.2.3.11 The protester may proceed to the next level of appeal if the protester does not receive a response from the Department procurement officer within 21 days of receipt by the Department procurement officer of the Notice of Protest. 6.11.2.3.12 Upon receipt of the decision Department’s Office of Appeals, the protester may appeal pursuant to Title 41, Chapter 6, Article 10, or seek relief through the Superior Court as provided in A.R.S. § 12-901 et seq. 6.11.2.3.13 If a Protest of any specific numbered provision of an amendment is upheld pursuant to sections 6.11.2.3.7, 6.11.2.3.10 or 6.11.2.3.11 above, then that specific numbered provision shall be subject to the remedy associated with the Protest decision, but no other provision of the amendment shall be affected.

Notice of Protest. 6.11.2.3.1 The protester shall include the following information in the Notice of Protest: a. Name, address, and telephone number of the protester, b. Signature of the protester or its representative, c. Identification of the notice of amendment and the RFQVA number, d. The specific numbered provision(s) of the amendment being protested, e. A statement of the legal and factual grounds of the intended protest including copies of any relevant documents, and f. The relief requested. 6.11.2.3.2 The Qualified Vendor shall file the Notice of Protest with the Department procurement officer within 30 days of the posting of the notice of amendment, or within 5 days of issuance of the verification of non-resolution through the Problem Solving process from the Assistant Director. 6.11.2.3.3 The Notice of Protest is deemed filed when the Department procurement officer receives the written document. 6.11.2.3.4 If the Department procurement officer makes a written determination within 5 days of receipt of the Notice of Protest that there is reasonable probability that the protest will be sustained and it serves the best interests of the state, the Department procurement officer shall notify the Division Assistant Director that the amendment may not be issued with the specific numbered provision(s) being protested that have a reasonable probability of being sustained until the Department procurement officer issues a written decision on such specific numbered provisions. 6.11.2.3.5 If the specific numbered provision(s) of the amendment being protested is deleted from the amendment, the Division Assistant Director shall notify the Department Procurement Officer, the protest shall be considered resolved, the Department Procurement Officer shall issue a written decision to that effect and the Division may issue the revised amendment. 6.11.2.3.6 If applicable, the protester shall include in the Notice of Protest a copy of the original Request for Problem Solving documentation and the written verification of non- resolution from the Assistant Director. 6.11.2.3.7 If the Department procurement officer sustains the protest, in whole or in part, and the notice, issuance or content of the amendment does not comply with applicable statutes and rules, the Department procurement officer shall implement an appropriate remedy. 6.11.2.3.8 In determining an appropriate remedy, the Department procurement officer shall consider the following: a. Circumstances surrounding the amendment, b. The degree of prejudice to other interested parties, c. The degree of prejudice to the integrity of the Qualified Vendor system, d. The good faith of the parties, e. The extent of performance, f. The costs to the state, g. The urgency of the amendment, and h. The impact of the relief on the Department's mission. 6.11.2.3.9 Within 21 days of the receipt of the protest, the Department procurement officer shall send a written decision to the protester by certified mail, return receipt requested, or by any other method that provides evidence of receipt and shall send a copy of the decision to the Division. The Department procurement officer shall explain the reasons for the conclusions reached in the decision. 6.11.2.3.10 Upon receipt of the decision from the Department procurement officer, the protester may file an appeal with the Department's Office of Appeals as authorized in A.R.S. §§ 41-1991, 41-1992(A) through (C), excluding any references to review by the Appeals Board, and A.R.S. § 41-1993(A). 6.11.2.3.11 The protester may proceed to the next level of appeal if the protester does not receive a response from the Department procurement officer within 21 days of receipt by the Department procurement officer of the Notice of Protest. 6.11.2.3.12 Upon receipt of the decision Department’s Office of Appeals, the protester may appeal pursuant to Title 41, Chapter 6, Article 10, or seek relief through the Superior Court as provided in A.R.S. § 12-901 et seq. 6.11.2.3.13 If a Protest of any specific numbered provision of an amendment is upheld pursuant to sections 6.11.2.3.7, 6.11.2.3.10 or 6.11.2.3.11 above, then that specific numbered provision shall be subject to the remedy associated with the Protest decision, but no other provision of the amendment shall be affected.