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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. Valley Water failed to follow the procedures and adhere to requirements set forth in the solicitation or any addendum thereto
  2. The solicitation contained restrictive specifications
  3. There was misconduct or impropriety by water district officials or evaluation committee members
  4. There was abuse of process or abuse of discretion by water district officials or evaluation committee members

Filing a protest

Protests must be sent in writing, by certified and registered mail, or personally delivered to:

Santa Clara Valley Water District

Attn: Purchasing and Contracts Manager

RE: Protest of Award (list RFP# and Project Name)

5750 Almaden Expressway

San Jose, CA 95118

A protest alleging restrictive specifications or improprieties in the solicitation documents or process must be received at least three (3) work days prior to the proposal due date and time.

All other protests occurring after award of the contract must be submitted within five (5) business days after Valley Water’s issuance of the Consultants Not Selected email. Protests that are not timely received will be dismissed, and the proposer waives all further rights to have Valley Water consider or reconsider Valley Water’s decision to award the contract.

Content of protest

The written protest must contain the following information:

  1. The name, street address, email address, telephone and facsimile number of the firm or individual submitting the protest (protestor)
  2. Signature of the protestor or its representative
  3. A clear statement of the basis for the bid protest
  4. Copies of any relevant documents
  5. The form of the relief requested.

Protest resolution

Valley Water will provide a response within ten (10) work days of receiving the protest. Valley Water, after the ten (10) calendar day appeal waiting period, may elect to withhold a pending contract award until the protest is resolved or proceed with the award and implementation of the contract. Valley Water’s Deputy Administrative Officer will issue the Final Determination by certified mail to the protestor.