Common use of Required Early Communication for Certain Protests Clause in Contracts

Required Early Communication for Certain Protests. Protests concerning the issues described in Section 8.1 may be filed only after the Proposer has informally discussed the nature and basis of the protest with ADOT, following the procedures prescribed in this Section 8.2. The Proposer shall initiate such informal discussions by a written request for a one-on-one meeting delivered to the address specified in Section 3.4 no later than three (3) business days after the issuance of the RFQ (for protests concerning the issues described in Section 8.1(a), the responsiveness or pass/fail determination at issue (for protests concerning the issues described in Section 8.1(b), or the short-listing determinations (for protests concerning the issues described in Section 8.1(c), as applicable. The Proposer’s failure to observe any of these deadlines shall constitute a waiver of the Proposer’s right to the corresponding protest. The written request shall include an agenda for the proposed one-on-one meeting. ADOT will then set a date and time to discuss the nature and basis of the protest with the Proposer. If necessary to address the issues raised in a protest, ADOT may, in its sole discretion, make appropriate revisions to the RFQ documents by issuing addenda.