Common use of Written Protest to Department Clause in Contracts

Written Protest to Department. (a) Without prejudice to Section 30.2 (Consultation), the Development Entity shall submit a Dispute by way of a written protest to the Department within fifteen (15) days of the Dispute arising, outlining in detail the basis of the Dispute, the Development Entity’s position relative to the Dispute and submitting all relevant documentation. Such written protest shall not constitute a claim for purposes of 62 Pa. C.S. § 1712.1. The Department shall have fifteen (15) days following the receipt of such written protest from the Development Entity to render a written decision on the Dispute taking into consideration the relevant Project Documents and the Development Entity’s submission, together with the facts and circumstances involved in the Dispute. Such written decision shall not constitute a determination by the relevant contracting officer of the Department for purposes of 62 Pa. C.S. § 1712.1.