Common use of Protest of Non-Responsiveness Determination Clause in Contracts

Protest of Non-Responsiveness Determination. After receipt of proposals, the SFPUC, with the assistance of CMD, will conduct an initial review of proposals as set forth in Section 6.1 of this RFP. If staff determines that a proposal should be rejected because it is either non-responsive to RFP requirements or is otherwise unacceptable (.e.g., fails to meet minimum qualification requirements set forth in the RFP), then the City will issue a Preliminary Notice of Proposal Rejection to the applicable Proposer(s). If a Proposer believes that the City has improperly determined that its proposal should be rejected, Proposer may submit a written notice of protest within five working days of the SFPUC’s issuance of a Preliminary Notice of Proposal Rejection. Such notice of protest must be received by the SFPUC prior to 5:00 p.m. on or before the fifth working day following the SFPUC’s issuance of the Preliminary Notice of Proposal Rejection. The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the Proposer, and must cite the laws, rules, local ordinances, procedures, and/or RFP provisions on which the protest is based. In addition, the Proposer must specify facts and evidence sufficient for the SFPUC to determine the validity of the protest. The City, at its discretion, may make a determination regarding a protest without requesting further documents or information from the Proposer that submitted the protest. Accordingly, the initial protest must include all grounds of protest and all supporting documentation or evidence reasonably available to the prospective Proposer at the time the protest is submitted. If the Proposer later raises new grounds or evidence that were not included in the initial protest, but which could have been raised at that time, then the City may decide not to consider such new grounds or new evidence. Upon receipt of a timely and proper protest, the City will review the protest and conduct an investigation as it deems appropriate. As part of its investigation, the City may consider information provided by sources other than the Proposer. The City may also consider supplemental correspondence or other information relating to the original ground(s) of protest submitted by a protesting Proposer to the extent the City determines that such information will assist it in resolving the protest. At the completion of its investigation, the City will provide a written determination to the Proposer that submitted the protest. The City will consider only protests received within the time and manner specified. If a Proposer does not protest a Preliminary Notice of Proposal Rejection within the time and in the manner specified above, then the City’s determination set forth in the preliminary notice will become final. A Proposer’s failure to protest as specified above, on or before the deadline specified above, shall constitute a complete and irrevocable waiver of the ground(s) of protest and a forfeiture of the Proposer’s right to raise such ground(s) of protest later in the procurement process, in a Government Code Claim, or in other legal proceedings. As soon as the SFPUC finalizes Proposer rankings, the SFPUC will post the results on the SFBid website. Within five working days of the SFPUC’s posting of the results, any Proposer that has submitted a responsive proposal and believes that the City has unfairly selected another Proposer for award may submit a written notice of protest. The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the Proposer, and must cite the laws, rules, local ordinances, procedures, and/or RFP provisions on which the protest is based. In addition, the Proposer must specify facts and evidence sufficient for the City to determine the validity of the protest. All protests must be received by the SFPUC prior to 5:00 p.m. on or before the fifth working day following the SFPUC’s posting of the results. The City, at its discretion, may make a determination regarding a protest without requesting further documents or information from the Proposer that submitted the protest. Accordingly, the initial protest must include all grounds of protest and all supporting documentation or evidence reasonably available to the Proposer at the time the protest is submitted. If the Proposer later raises new grounds or evidence that were not included in the initial protest, but which could have been raised at that time, then the City may decide not to consider such new grounds or new evidence. Upon receipt of a timely and proper protest, the City will review the protest and conduct an investigation as it deems appropriate. As part of its investigation, the City may consider information provided by sources other than the Proposer. The City may also consider supplemental correspondence or other information relating to the original ground(s) of protest submitted by a protesting Proposer to the extent the City determines that such information will assist it in resolving the protest. At the completion of its investigation, the City will provide a written determination to the Proposer that submitted the protest. The City will consider only protests received within the time and manner specified. If a Proposer does not protest the SFPUC’s posting of the results within the time and in the manner specified, above, then the City’s selection will become final and SFPUC staff may proceed to recommend the highest-ranked Proposer for award by the SFPUC Commission. A Proposer’s failure to protest as specified above, on or before the deadline specified above, shall constitute a complete and irrevocable waiver of the ground(s) of protest and forfeit the Proposer’s right to raise such ground(s) of protest later in the procurement process, in a Government Code Claim, or in other legal proceedings.

Appears in 1 contract

Samples: Request for Proposals

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Protest of Non-Responsiveness Determination. After receipt of proposals, the SFPUC, with the assistance of CMD, SFPUC will conduct an initial review Initial Screening of submitted proposals as set forth in Section 6.1 5 of this RFPRFO. If staff determines that a proposal should be rejected because it is either non-responsive to RFP RFO requirements or is otherwise unacceptable (.e.g.i.e., fails to meet the minimum qualification requirements set forth in the RFPRFO), then the City will issue a Preliminary Notice of Proposal Rejection to the applicable Proposer(sRespondent(s). If a Proposer Respondent believes that the City has improperly incorrectly determined that its proposal should be rejected, Proposer Respondent may submit a written notice of protest within five (5) working days of the SFPUC’s 's issuance of a Preliminary Notice of Proposal Rejection. Such notice of protest must be received by the SFPUC prior to 5:00 p.m. on or before the fifth (5th) working day following the SFPUC’s 's issuance of the Preliminary Notice of Proposal Rejection. The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the ProposerRespondent, and must cite the lawslaw, rulesrule, local ordinancesordinance, procedures, and/or RFP provisions procedure or RFO provision on which the protest is based. In addition, the Proposer Respondent must specify facts and evidence sufficient for the SFPUC to determine the validity of the protest. The City, at its discretion, may make a determination regarding a protest without requesting further documents or information from the Proposer that Respondent who submitted the protest. Accordingly, the initial protest must include all grounds of protest and all supporting documentation or evidence reasonably available to the prospective Proposer Respondent at the time the protest is submitted. If the Proposer Respondent later raises new grounds or evidence that were not included in the initial protest, but which could have been raised at that time, then the City may decide not to consider such new grounds or new evidence. Upon receipt of a timely and proper protest, the City will review the protest and conduct an investigation as it deems appropriate. As part of its investigation, the City may consider information provided by sources other than the ProposerRespondent. The City may also consider supplemental correspondence or other information relating to the original ground(s) of protest Protest submitted by a protesting Proposer Respondent to the extent the City determines that such information will assist it in resolving the protestProtest. At the completion of its investigation, the City will provide a written determination to the Proposer that Respondent who submitted the protest. The City will consider only protests Protests not received within the time and manner specifiedspecified will not be considered. If a Proposer Respondent does not protest a Preliminary Notice of Proposal Rejection within the time and in the manner specified above, then the City’s determination set forth in the preliminary notice will become final. A Proposer’s failure to protest as specified above, on or before the deadline specified above, shall constitute a complete and irrevocable waiver of the ground(s) of protest and a forfeiture of the Proposer’s right to raise such ground(s) of protest later in the procurement process, in a Government Code Claim, or in other legal proceedings. As soon as the SFPUC finalizes Proposer rankings, the SFPUC will post the results on the SFBid website. Within five working days of the SFPUC’s posting of the results, any Proposer that has submitted a responsive proposal and believes that the City has unfairly selected another Proposer for award may submit a written notice of protest. The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the Proposer, and must cite the laws, rules, local ordinances, procedures, and/or RFP provisions on which the protest is based. In addition, the Proposer must specify facts and evidence sufficient for the City to determine the validity of the protest. All protests must be received by the SFPUC prior to 5:00 p.m. on or before the fifth working day following the SFPUC’s posting of the results. The City, at its discretion, may make a determination regarding a protest without requesting further documents or information from the Proposer that submitted the protest. Accordingly, the initial protest must include all grounds of protest and all supporting documentation or evidence reasonably available to the Proposer at the time the protest is submitted. If the Proposer later raises new grounds or evidence that were not included in the initial protest, but which could have been raised at that time, then the City may decide not to consider such new grounds or new evidence. Upon receipt of a timely and proper protest, the City will review the protest and conduct an investigation as it deems appropriate. As part of its investigation, the City may consider information provided by sources other than the Proposer. The City may also consider supplemental correspondence or other information relating to the original ground(s) of protest submitted by a protesting Proposer to the extent the City determines that such information will assist it in resolving the protest. At the completion of its investigation, the City will provide a written determination to the Proposer that submitted the protest. The City will consider only protests received within the time and manner specified. If a Proposer does not protest the SFPUC’s posting of the results within the time and in the manner specified, above, then the City’s selection 's determination set forth in the Preliminary Notice will become final and SFPUC staff may proceed to recommend the highest-ranked Proposer for award by the SFPUC Commissionfinal. A Proposer’s Respondent's failure to protest as specified above, above on or before the deadline time specified above, above shall constitute a complete and irrevocable waiver of the ground(s) of protest and forfeit the Proposer’s Respondent's right to raise such ground(s) of protest later in the procurement process, in a Government Code Claim, or in other legal proceedings.

Appears in 1 contract

Samples: Shaped Energy Supplies Agreement

Protest of Non-Responsiveness Determination. After receipt of proposals, the SFPUC, with the assistance of CMD, SFPUC will conduct an initial review Initial Screening of submitted proposals as set forth in Section 6.1 7 of this RFPRFO. If staff determines that a proposal should be rejected because it is either non-responsive to RFP RFO requirements or is otherwise unacceptable (.e.g.i.e., fails to meet the minimum qualification requirements set forth in the RFPRFO), then the City SFPUC will issue a Preliminary Notice of Proposal Rejection to the applicable Proposer(sRespondent(s). If a Proposer Respondent believes that the City SFPUC has improperly incorrectly determined that its proposal should be rejected, Proposer Respondent may submit a written notice of protest within five (5) working days of the SFPUC’s 's issuance of a Preliminary Notice of Proposal Rejection. Such notice of protest must be received by the SFPUC prior to 5:00 p.m. on or before the fifth (5th) working day following the SFPUC’s 's issuance of the Preliminary Notice of Proposal Rejection. The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the ProposerRespondent, and must cite the lawslaw, rulesrule, local ordinancesordinance, procedures, and/or RFP provisions procedure or RFO provision on which the protest is based. In addition, the Proposer Respondent must specify facts and evidence sufficient for the SFPUC to determine the validity of the protest. The CitySFPUC, at its discretion, may make a determination regarding a protest without requesting further documents or information from the Proposer that Respondent who submitted the protest. Accordingly, the initial protest must include all grounds of protest and all supporting documentation or evidence reasonably available to the prospective Proposer Respondent at the time the protest is submitted. If the Proposer Respondent later raises new grounds or evidence that were not included in the initial protest, but which could have been raised at that time, then the City SFPUC may decide not to consider such new grounds or new evidence. Upon receipt of a timely and proper complete protest, the City will SFPUC shall review the protest and conduct an investigation as it deems appropriate. As part of its investigation, the City SFPUC may consider information provided by sources other than the ProposerRespondent. The City SFPUC may also consider supplemental correspondence or other information relating to the original ground(s) of protest Protest submitted by a protesting Proposer Respondent to the extent the City SFPUC determines that such information will assist it in resolving the protestProtest. At the completion of its investigation, the City SFPUC will provide a written determination to the Proposer that Respondent who submitted the protest. The City will consider only protests SFPUC’s written determination shall be final. Protests not received within the time and manner specifiedspecified will not be considered. If a Proposer Respondent does not protest a Preliminary Notice of Proposal Rejection within the time and in the manner specified specified, above, then the CitySFPUC’s determination set forth in the preliminary notice Preliminary Notice will become final. A Proposer’s Respondent's failure to protest as specified above, above on or before the deadline time specified above, shall constitute a complete and irrevocable waiver of the ground(s) of protest and a forfeiture of the Proposer’s right to raise such ground(s) of protest later in the procurement process, in a Government Code Claim, or in other legal proceedings. As soon as the SFPUC finalizes Proposer rankings, the SFPUC will post the results on the SFBid website. Within five working days of the SFPUC’s posting of the results, any Proposer that has submitted a responsive proposal and believes that the City has unfairly selected another Proposer for award may submit a written notice of protest. The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the Proposer, and must cite the laws, rules, local ordinances, procedures, and/or RFP provisions on which the protest is based. In addition, the Proposer must specify facts and evidence sufficient for the City to determine the validity of the protest. All protests must be received by the SFPUC prior to 5:00 p.m. on or before the fifth working day following the SFPUC’s posting of the results. The City, at its discretion, may make a determination regarding a protest without requesting further documents or information from the Proposer that submitted the protest. Accordingly, the initial protest must include all grounds of protest and all supporting documentation or evidence reasonably available to the Proposer at the time the protest is submitted. If the Proposer later raises new grounds or evidence that were not included in the initial protest, but which could have been raised at that time, then the City may decide not to consider such new grounds or new evidence. Upon receipt of a timely and proper protest, the City will review the protest and conduct an investigation as it deems appropriate. As part of its investigation, the City may consider information provided by sources other than the Proposer. The City may also consider supplemental correspondence or other information relating to the original ground(s) of protest submitted by a protesting Proposer to the extent the City determines that such information will assist it in resolving the protest. At the completion of its investigation, the City will provide a written determination to the Proposer that submitted the protest. The City will consider only protests received within the time and manner specified. If a Proposer does not protest the SFPUC’s posting of the results within the time and in the manner specified, above, then the City’s selection will become final and SFPUC staff may proceed to recommend the highest-ranked Proposer for award by the SFPUC Commission. A Proposer’s failure to protest as specified above, on or before the deadline specified above, above shall constitute a complete and irrevocable waiver of the ground(s) of protest and forfeit the Proposer’s Respondent's right to raise such ground(s) of protest later in the procurement process, in a Government Code Claim, or in other legal proceedings.

Appears in 1 contract

Samples: Request for Offers

Protest of Non-Responsiveness Determination. After receipt of proposals, the SFPUC, with the assistance of CMD, will conduct an initial review screening of submitted proposals as set forth in Section 6.1 of this RFP. If staff determines that a proposal should be rejected because it is either non-responsive to RFP requirements or is otherwise unacceptable (.e.g.e.g., fails to meet minimum qualification requirements set forth in the RFP), then the City will issue a Preliminary Notice of Proposal Rejection to the applicable Proposer(s). If a Proposer believes that the City has improperly determined that its proposal should be rejected, Proposer may submit a written notice of protest within five working days of the SFPUC’s issuance of a Preliminary Notice of Proposal Rejection. Such notice of protest must be received by the SFPUC prior to 5:00 p.m. on or before the fifth working day following the SFPUC’s issuance of the Preliminary Notice of Proposal Rejection. The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the Proposer, and must cite the laws, rules, local ordinances, procedures, and/or or RFP provisions on which the protest is based. In addition, the Proposer must specify facts and evidence sufficient for the SFPUC to determine the validity of the protest. The City, at its discretion, may make a determination regarding a protest without requesting further documents or information from the Proposer that submitted the protest. Accordingly, the initial protest must include all grounds of protest and all supporting documentation or evidence reasonably available to the prospective Proposer at the time the protest is submitted. If the Proposer later raises new grounds or evidence that were not included in the initial protest, but which could have been raised at that time, then the City may decide not to consider such new grounds or new evidence. Upon receipt of a timely and proper protest, the City will review the protest and conduct an investigation as it deems appropriate. As part of its investigation, the City may consider information provided by sources other than the Proposer. The City may also consider supplemental correspondence or other information relating to the original ground(s) of protest submitted by a protesting Proposer to the extent the City determines that such information will assist it in resolving the protest. At the completion of its investigation, the City will provide a written determination to the Proposer that submitted the protest. The City will consider only protests received within the time and manner specified. If a Proposer does not protest a Preliminary Notice of Proposal Rejection within the time and in the manner specified above, then the City’s determination set forth in the preliminary notice will become final. A Proposer’s failure to protest as specified above, on or before the deadline specified above, shall constitute a complete and irrevocable waiver of the ground(s) of protest and a forfeiture of the Proposer’s right to raise such ground(s) of protest later in the procurement process, in a Government Code Claim, or in other legal proceedings. As soon as the SFPUC finalizes Proposer rankings, the SFPUC will post the results on the SFBid website. Within five working days of the SFPUC’s posting of the results, any Proposer that has submitted a responsive proposal and believes that the City has unfairly selected another Proposer for award may submit a written notice of protest. The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the Proposer, and must cite the laws, rules, local ordinances, procedures, and/or RFP provisions on which the protest is based. In addition, the Proposer must specify facts and evidence sufficient for the City to determine the validity of the protest. All protests must be received by the SFPUC prior to 5:00 p.m. on or before the fifth working day following the SFPUC’s posting of the results. The City, at its discretion, may make a determination regarding a protest without requesting further documents or information from the Proposer that submitted the protest. Accordingly, the initial protest must include all grounds of protest and all supporting documentation or evidence reasonably available to the Proposer at the time the protest is submitted. If the Proposer later raises new grounds or evidence that were not included in the initial protest, but which could have been raised at that time, then the City may decide not to consider such new grounds or new evidence. Upon receipt of a timely and proper protest, the City will review the protest and conduct an investigation as it deems appropriate. As part of its investigation, the City may consider information provided by sources other than the Proposer. The City may also consider supplemental correspondence or other information relating to the original ground(s) of protest submitted by a protesting Proposer to the extent the City determines that such information will assist it in resolving the protest. At the completion of its investigation, the City will provide a written determination to the Proposer that submitted the protest. The City will consider only protests received within the time and manner specified. If a Proposer does not protest the SFPUC’s posting of the results within the time and in the manner specified, above, then the City’s selection will become final and SFPUC staff may proceed to recommend the highest-ranked Proposer for award by the SFPUC Commission. A Proposer’s failure to protest as specified above, on or before the deadline specified above, shall constitute a complete and irrevocable waiver of the ground(s) of protest and forfeit the Proposer’s right to raise such ground(s) of protest later in the procurement process, in a Government Code Claim, or in other legal proceedings.

Appears in 1 contract

Samples: As Needed Recruitment Services Agreement

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Protest of Non-Responsiveness Determination. After receipt of proposals, the SFPUC, with the assistance of CMD, SFPUC will conduct an initial review Initial Screening of submitted proposals as set forth in Section 6.1 7 of this RFPRFO. If staff determines that a proposal should be rejected because it is either non-responsive to RFP RFO requirements or is otherwise unacceptable (.e.g.i.e., fails to meet the minimum qualification requirements set forth in the RFPRFO), then the City SFPUC will issue a Preliminary Notice of Proposal Rejection to the applicable Proposer(sRespondent(s). If a Proposer Respondent believes that the City SFPUC has improperly incorrectly determined that its proposal should be rejected, Proposer Respondent may submit a written notice of protest within five (5) working days of the SFPUC’s 's issuance of a Preliminary Notice of Proposal Rejection. Such notice of protest must be received by the SFPUC prior to 5:00 p.m. on or before the fifth (5th) working day following the SFPUC’s 's issuance of the Preliminary Notice of Proposal Rejection. The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the ProposerRespondent, and must cite the lawslaw, rulesrule, local ordinancesordinance, procedures, and/or RFP provisions procedure or RFO provision on which the protest is based. In addition, the Proposer Respondent must specify facts and evidence sufficient for the SFPUC to determine the validity of the protest. The CitySFPUC, at its discretion, may make a determination regarding a protest without requesting further documents or information from the Proposer that Respondent who submitted the protest. Accordingly, the initial protest must include all grounds of protest and all supporting documentation or evidence reasonably available to the prospective Proposer Respondent at the time the protest is submitted. If the Proposer Respondent later raises new grounds or evidence that were not included in the initial protest, but which could have been raised at that time, then the City SFPUC may decide not to consider such new grounds or new evidence. Upon receipt of a timely and proper protest, the City will SFPUC shall review the protest and conduct an investigation as it deems appropriate. As part of its investigation, the City SFPUC may consider information provided by sources other than the ProposerRespondent. The City SFPUC may also consider supplemental correspondence or other information relating to the original ground(s) of protest Protest submitted by a protesting Proposer Respondent to the extent the City SFPUC determines that such information will assist it in resolving the protestProtest. At the completion of its investigation, the City SFPUC will provide a written determination to the Proposer that Respondent who submitted the protest. The City will consider only protests SFPUC’s written determination shall be final. Protests not received within the time and manner specifiedspecified will not be considered. If a Proposer Respondent does not protest a Preliminary Notice of Proposal Rejection within the time and in the manner specified specified, above, then the CitySFPUC’s determination set forth in the preliminary notice Preliminary Notice will become final. A Proposer’s Respondent's failure to protest as specified above, above on or before the deadline time specified above, shall constitute a complete and irrevocable waiver of the ground(s) of protest and a forfeiture of the Proposer’s right to raise such ground(s) of protest later in the procurement process, in a Government Code Claim, or in other legal proceedings. As soon as the SFPUC finalizes Proposer rankings, the SFPUC will post the results on the SFBid website. Within five working days of the SFPUC’s posting of the results, any Proposer that has submitted a responsive proposal and believes that the City has unfairly selected another Proposer for award may submit a written notice of protest. The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the Proposer, and must cite the laws, rules, local ordinances, procedures, and/or RFP provisions on which the protest is based. In addition, the Proposer must specify facts and evidence sufficient for the City to determine the validity of the protest. All protests must be received by the SFPUC prior to 5:00 p.m. on or before the fifth working day following the SFPUC’s posting of the results. The City, at its discretion, may make a determination regarding a protest without requesting further documents or information from the Proposer that submitted the protest. Accordingly, the initial protest must include all grounds of protest and all supporting documentation or evidence reasonably available to the Proposer at the time the protest is submitted. If the Proposer later raises new grounds or evidence that were not included in the initial protest, but which could have been raised at that time, then the City may decide not to consider such new grounds or new evidence. Upon receipt of a timely and proper protest, the City will review the protest and conduct an investigation as it deems appropriate. As part of its investigation, the City may consider information provided by sources other than the Proposer. The City may also consider supplemental correspondence or other information relating to the original ground(s) of protest submitted by a protesting Proposer to the extent the City determines that such information will assist it in resolving the protest. At the completion of its investigation, the City will provide a written determination to the Proposer that submitted the protest. The City will consider only protests received within the time and manner specified. If a Proposer does not protest the SFPUC’s posting of the results within the time and in the manner specified, above, then the City’s selection will become final and SFPUC staff may proceed to recommend the highest-ranked Proposer for award by the SFPUC Commission. A Proposer’s failure to protest as specified above, on or before the deadline specified above, above shall constitute a complete and irrevocable waiver of the ground(s) of protest and forfeit the Proposer’s Respondent's right to raise such ground(s) of protest later in the procurement process, in a Government Code Claim, or in other legal proceedings.

Appears in 1 contract

Samples: Local Renewable Energy Supplies Agreement

Protest of Non-Responsiveness Determination. After receipt of proposals, the SFPUC, with the assistance of CMD, will conduct an initial review screening of submitted proposals as set forth in Section 6.1 of this RFP. If staff determines that a proposal should be rejected because it is either non-responsive to RFP requirements or is otherwise unacceptable (.e.g.e.g., fails to meet minimum qualification requirements set forth in the RFP), then the City will issue a Preliminary Notice of Proposal Rejection to the applicable Proposer(s). If a Proposer believes that the City has improperly determined that its proposal should be rejected, Proposer may submit a written notice of protest within five working days of the SFPUC’s issuance of a Preliminary Notice of Proposal Rejection. Such notice of protest must be received by the SFPUC prior to 5:00 p.m. on or before the fifth working day following the SFPUC’s issuance of the Preliminary Notice of Proposal Rejection. The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the Proposer, and must cite the laws, rules, local ordinances, procedures, and/or or RFP provisions on which the protest is based. In addition, the Proposer must specify facts and evidence sufficient for the SFPUC to determine the validity of the protest. The City, at its discretion, may make a determination regarding a protest without requesting further documents or information from the Proposer that submitted the protest. Accordingly, the initial protest must include all grounds of protest and all supporting documentation or evidence reasonably available to the prospective Proposer at the time the protest is submitted. If the Proposer later raises new grounds or evidence that were not included in the initial protest, but which could have been raised at that time, then the City may decide not to consider such new grounds or new evidence. Upon receipt of a timely and proper protest, the City will review the protest and conduct an investigation as it deems appropriate. As part of its investigation, the City may consider information provided by sources other than the Proposer. The City may also consider supplemental correspondence or other information relating to the original ground(s) of protest submitted by a protesting Proposer to the extent the City determines that such information will assist it in resolving the protest. At the completion of its investigation, the City will provide a written determination to the Proposer that submitted the protest. The City will consider only protests received within the time and manner specified. If a Proposer does not protest a Preliminary Notice of Proposal Rejection within the time and in the manner specified above, then the City’s determination set forth in the preliminary notice will become final. A Proposer’s failure to protest as specified above, on or before the deadline specified above, shall constitute a complete and irrevocable waiver of the ground(s) of protest and a forfeiture of the Proposer’s right to raise such ground(s) of protest later in the procurement process, in a Government Code Claim, or in other legal proceedings. As soon as the SFPUC finalizes Proposer rankings, the SFPUC will post the results on the SFBid website. Within five working days of the SFPUC’s posting of the results, any Proposer that has submitted a responsive proposal and believes that the City has unfairly selected another Proposer for award may submit a written notice of protest. The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the Proposer, and must cite the laws, rules, local ordinances, procedures, and/or or RFP provisions on which the protest is based. In addition, the Proposer must specify facts and evidence sufficient for the City to determine the validity of the protest. All protests must be received by the SFPUC prior to 5:00 p.m. on or before the fifth working day following the SFPUC’s posting of the results. The City, at its discretion, may make a determination regarding a protest without requesting further documents or information from the Proposer that submitted the protest. Accordingly, the initial protest must include all grounds of protest and all supporting documentation or evidence reasonably available to the Proposer at the time the protest is submitted. If the Proposer later raises new grounds or evidence that were not included in the initial protest, but which could have been raised at that time, then the City may decide not to consider such new grounds or new evidence. Upon receipt of a timely and proper protest, the City will review the protest and conduct an investigation as it deems appropriate. As part of its investigation, the City may consider information provided by sources other than the Proposer. The City may also consider supplemental correspondence or other information relating to the original ground(s) of protest submitted by a protesting Proposer to the extent the City determines that such information will assist it in resolving the protest. At the completion of its investigation, the City will provide a written determination to the Proposer that submitted the protest. The City will consider only protests received within the time and manner specified. If a Proposer does not protest the SFPUC’s posting of the results within the time and in the manner specified, above, then the City’s selection will become final and SFPUC staff may proceed to recommend the highest-ranked Proposer for award by the SFPUC Commission. A Proposer’s failure to protest as specified above, on or before the deadline specified above, shall constitute a complete and irrevocable waiver of the ground(s) of protest and forfeit the Proposer’s right to raise such ground(s) of protest later in the procurement process, in a Government Code Claim, or in other legal proceedings.

Appears in 1 contract

Samples: Community Choice Aggregation Agreement

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