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Protest Procedure

BASIS OF PROTEST

Protests shall be based only on the protestor’s belief that one or more of the following situations occurred:

  1. The solicitation contained restrictive or discriminatory specifications.
  2. There was alleged misconduct or impropriety by Valley Water officials.
  3. There was alleged abuse of process or discretion by Valley Water officials.
  4. Valley Water failed to adhere to the evaluation criteria outlined in the procurement documents or made changes in the evaluation criteria during the evaluation process.

PROTEST PROCESS

Proposers may submit a written protest no later than 5:00 p.m., three (3) business days after the date of the Notice of Intent to Award ("N.O.I." or "NOITA"). The letter must include at least one of the reasons listed below:

PROTEST SUBMITTAL INSTRUCTIONS

The protest letter is to be mailed certified by the U.S. Post Office and emailed to:

Valley Water
Attn: Deputy Administrative Officer of General Services
RE: Protest (List ITB/RFP # and RFP Title)
5750 Almaden Expressway
San Jose, CA 95118-3614

Email Contact: [email protected]
Email Subject Line: Protest (List ITB/RFP # and RFP Title)

The Proposer must label the envelope "Attention – Protest (List ITB/RFP # and RFP Title)” to assist in expedited handling.

The protest letter must contain the following information:

  1. Name, address, email, and phone number of the Proposer submitting the protest
  2. Signature of the Proposer submitting the protest
  3. Solicitation number and title or project description
  4. Statement for the basis for the protest
  5. Copies of any relevant documents; and
  6. The desired resolution from this protest

PROTEST REVIEW AND DETERMINATION

The Purchasing and Contracts Manager will review the protest and the supporting documentation. Valley Water will not accept additional materials after the protest submittal. The Purchasing and Contracts Manager will send a Notice of Decision by email and certified U.S. Mail to the Proposer within ten (10) business days of receiving the protest. Valley Water will notify the Proposer if there is a delay in sending the Notice of Decision.

PROTEST APPEAL LETTER

Should the Proposer decide to appeal the decision and pursue its protest, they must send a protest appeal letter to the Deputy Administrative Officer of General Services no later than 5:00 p.m., three (3) business days from receipt of the Notice of Decision.

Failure to comply with the rules herein may result in the rejection of the protest.

The protest appeal letter must include the following information:

  1. Name, address, email, and phone number of the Proposer submitting the appeal letter
  2. Signature of the Proposer submitting the appeal letter
  3. The solicitation number and title or project description
  4. Statement for the basis for the appeal
  5. Copies of any relevant documents; and
  6. The desired resolution from the appeal letter.

The protest appeal letter is to be mailed certified by the U.S. Post Office and emailed to:

Valley Water
Attn: Deputy Administrative Officer of General Services
Re: Protest (List ITB/RFP # and RFP Title)
5750 Almaden Expressway
San Jose, CA  95118-3614

Email Contact: [email protected]
Email subject line: Protest (List ITB/RFP # and RFP Title)

The Deputy Administrative Officer will issue the Final Determination within ten (10) business days upon receiving the protest appeal letter. Valley Water may elect to withhold a pending award after the ten (10) business days appeal waiting period until the protest is resolved or proceed with awarding a contract.