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

Protest of Non-Responsiveness Determination. ‌ After receipt of proposals, the SFPUC will conduct an Initial Screening of submitted proposals as set forth in Section 5 of this RFO. If staff determines that a proposal should be rejected because it is either non-responsive to RFO requirements or is otherwise unacceptable (i.e., fails to meet the minimum qualification requirements set forth in the RFO), then the City will issue a Preliminary Notice of Proposal Rejection to the applicable Respondent(s). If a Respondent believes that the City has incorrectly determined that its proposal should be rejected, Respondent may submit a written notice of protest within five (5) working days of the SFPUC's issuance of a Preliminary Notice of Proposal Rejection. Such notice of protest must be received by the SFPUC on or before the fifth (5th) 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 Respondent, and must cite the law, rule, local ordinance, procedure or RFO provision on which the protest is based. In addition, the 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 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 Respondent at the time the protest is submitted. If the 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 not 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 Respondent. The City may also consider supplemental correspondence or other information relating to the original ground(s) of Protest submitted by a protesting Respondent 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 Respondent who submitted the protest. Protests not received within the time and manner specified will not be considered. If a 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 Respondent's failure to protest as specified above on or before the time specified above shall constitute a complete and irrevocable waiver of the ground(s) of protest and forfeit the 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.

Protest of Non-Responsiveness Determination. ‌ After receipt of proposals, the SFPUC SFPUC, with the assistance of CMD, will conduct an Initial Screening initial screening of submitted proposals as set forth in Section 5 6.1 of this RFORFP. If staff determines that a proposal should be rejected because it is either non-responsive to RFO RFP requirements or is otherwise unacceptable (i.e.e.g., fails to meet the minimum qualification requirements set forth in the RFORFP), then the City will issue a Preliminary Notice of Proposal Rejection to the applicable Respondent(sProposer(s). If a Respondent Proposer believes that the City has incorrectly improperly determined that its proposal should be rejected, Respondent Proposer 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 RespondentProposer, and must cite the lawlaws, rulerules, local ordinanceordinances, procedure procedures, or RFO provision RFP provisions on which the protest is based. In addition, the Respondent 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 Respondent who 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 Respondent Proposer at the time the protest is submitted. If the Respondent 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, 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 not 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 Respondentthe Proposer. The City may also consider supplemental correspondence or other information relating to the original ground(s) of Protest protest submitted by a protesting Respondent Proposer 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 Respondent who Proposer that submitted the protest. Protests not The City will consider only protests received within the time and manner specified will not be consideredspecified. If a Respondent Proposer does not protest a Preliminary Notice the SFPUC’s posting of Proposal Rejection the results within the time and in the manner specified, above, then the City's determination set forth in the Preliminary Notice ’s selection will become finalfinal and SFPUC staff may proceed to recommend the highest-ranked Proposer for award by the SFPUC Commission. A Respondent's Proposer’s failure to protest as specified above above, on or before the time deadline specified above above, shall constitute a complete and irrevocable waiver of the ground(s) of protest and forfeit the Respondent's 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.

Protest of Non-Responsiveness Determination. ‌ After receipt of proposals, the SFPUC SFPUC, with the assistance of CMD, will conduct an Initial Screening initial review of submitted proposals as set forth in Section 5 6.1 of this RFORFP. If staff determines that a proposal should be rejected because it is either non-responsive to RFO RFP requirements or is otherwise unacceptable (i.e..e.g., fails to meet the minimum qualification requirements set forth in the RFORFP), then the City will issue a Preliminary Notice of Proposal Rejection to the applicable Respondent(sProposer(s). If a Respondent Proposer believes that the City has incorrectly improperly determined that its proposal should be rejected, Respondent Proposer 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 RespondentProposer, and must cite the lawlaws, rulerules, local ordinanceordinances, procedure or RFO provision procedures, and/or RFP provisions on which the protest is based. In addition, the Respondent 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 Respondent who 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 Respondent Proposer at the time the protest is submitted. If the Respondent 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 Respondentthe Proposer. The City may also consider supplemental correspondence or other information relating to the original ground(s) of Protest protest submitted by a protesting Respondent Proposer 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 Respondent who Proposer that submitted the protest. Protests not The City will consider only protests received within the time and manner specified will not be consideredspecified. If a Respondent 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 determination set forth in the Preliminary Notice ’s selection will become finalfinal and SFPUC staff may proceed to recommend the highest-ranked Proposer for award by the SFPUC Commission. A Respondent's Proposer’s failure to protest as specified above above, on or before the time deadline specified above above, shall constitute a complete and irrevocable waiver of the ground(s) of protest and forfeit the Respondent's 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.

Protest of Non-Responsiveness Determination. ‌ After receipt of proposals, the SFPUC will conduct an Initial Screening of submitted proposals as set forth in Section 5 7 of this RFO. If staff determines that a proposal should be rejected because it is either non-responsive to RFO requirements or is otherwise unacceptable (i.e., fails to meet the minimum qualification requirements set forth in the RFO), then the City SFPUC will issue a Preliminary Notice of Proposal Rejection to the applicable Respondent(s). If a Respondent believes that the City SFPUC has incorrectly determined that its proposal should be rejected, Respondent may submit a written notice of protest within five (5) working days of the SFPUC's issuance of a Preliminary Notice of Proposal Rejection. Such notice of protest must be received by the SFPUC on or before the fifth (5th) 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 Respondent, and must cite the law, rule, local ordinance, procedure or RFO provision on which the protest is based. In addition, the 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 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 Respondent at the time the protest is submitted. If the 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 not 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 Respondent. The City SFPUC may also consider supplemental correspondence or other information relating to the original ground(s) of Protest submitted by a protesting Respondent to the extent the City SFPUC determines that such information will assist it in resolving the Protest. At the completion of its investigation, the City SFPUC will provide a written determination to the Respondent who submitted the protest. The SFPUC’s written determination shall be final. Protests not received within the time and manner specified will not be considered. If a Respondent does not protest a Preliminary Notice of Proposal Rejection within the time and in the manner specified, above, then the City's SFPUC’s determination set forth in the Preliminary Notice will become final. A Respondent's failure to protest as specified above on or before the time specified above shall constitute a complete and irrevocable waiver of the ground(s) of protest and forfeit the 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.

Protest of Non-Responsiveness Determination. ‌ After receipt of proposals, the SFPUC SFPUC, with the assistance of CMD, will conduct an Initial Screening initial screening of submitted proposals as set forth in Section 5 6.1 of this RFORFP. If staff determines that a proposal should be rejected because it is either non-responsive to RFO RFP requirements or is otherwise unacceptable (i.e.e.g., fails to meet the minimum qualification requirements set forth in the RFORFP), then the City will issue a Preliminary Notice of Proposal Rejection to the applicable Respondent(sProposer(s). If a Respondent Proposer believes that the City has incorrectly improperly determined that its proposal should be rejected, Respondent Proposer 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 RespondentProposer, and must cite the lawlaws, rulerules, local ordinanceordinances, procedure procedures, or RFO provision RFP provisions on which the protest is based. In addition, the Respondent 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 Respondent who 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 Respondent Proposer at the time the protest is submitted. If the Respondent 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 Respondentthe Proposer. The City may also consider supplemental correspondence or other information relating to the original ground(s) of Protest protest submitted by a protesting Respondent Proposer 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 Respondent who Proposer that submitted the protest. Protests not The City will consider only protests received within the time and manner specified will not be consideredspecified. If a Respondent Proposer does not protest a Preliminary Notice of Proposal Rejection within the time and in the manner specified, specified above, then the City's ’s determination set forth in the Preliminary Notice preliminary notice will become final. A Respondent's Proposer’s failure to protest as specified above above, on or before the time deadline specified above above, shall constitute a complete and irrevocable waiver of the ground(s) of protest and forfeit a forfeiture of the Respondent's 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.

Protest of Non-Responsiveness Determination. ‌ After receipt of proposals, the SFPUC will conduct an Initial Screening of submitted proposals as set forth in Section 5 7 of this RFO. If staff determines that a proposal should be rejected because it is either non-responsive to RFO requirements or is otherwise unacceptable (i.e., fails to meet the minimum qualification requirements set forth in the RFO), then the City SFPUC will issue a Preliminary Notice of Proposal Rejection to the applicable Respondent(s). If a Respondent believes that the City SFPUC has incorrectly determined that its proposal should be rejected, Respondent may submit a written notice of protest within five (5) working days of the SFPUC's issuance of a Preliminary Notice of Proposal Rejection. Such notice of protest must be received by the SFPUC on or before the fifth (5th) 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 Respondent, and must cite the law, rule, local ordinance, procedure or RFO provision on which the protest is based. In addition, the 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 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 Respondent at the time the protest is submitted. If the 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 not 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 Respondent. The City SFPUC may also consider supplemental correspondence or other information relating to the original ground(s) of Protest submitted by a protesting Respondent to the extent the City SFPUC determines that such information will assist it in resolving the Protest. At the completion of its investigation, the City SFPUC will provide a written determination to the Respondent who submitted the protest. The SFPUC’s written determination shall be final. Protests not received within the time and manner specified will not be considered. If a Respondent does not protest a Preliminary Notice of Proposal Rejection within the time and in the manner specified, above, then the City's SFPUC’s determination set forth in the Preliminary Notice will become final. A Respondent's failure to protest as specified above on or before the time specified above shall constitute a complete and irrevocable waiver of the ground(s) of protest and forfeit the 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.