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EPA Letter and backup
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2011
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EPA Letter and backup
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Last modified
8/18/2011 1:36:28 PM
Creation date
8/18/2011 1:35:50 PM
Metadata
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Template:
PW_Operating
PW_Document_Type_ Operating
Correspondence
Fiscal_Year
2011
PW_Division
Engineering
GL_Fund
131
GL_ORG
9340
GL_Grant
621
GL_Project_Number
300316
External_View
No
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(c) With respect to Proposals submitted in response to an RFP for a Public <br />Improvement contract, the Offeror was deemed non-Responsive or as failing to <br />meet the Standards of Responsibility which resulted in the Offeror being <br />erroneously not included in the competitive tier or range; or <br />(d) The evaluation of Offers or subsequent determination of award was otherwise <br />made in violation of the Oregon Public Contracting Code or these regulations. <br />13.2 .3 FP. <br /> Unless a different protest period is provided in the Solicitation <br />ILING OF ROTESTS <br />Documents, an aggrieved Offeror shall have seven (7) days after the date of issuance <br />of the notice of intent to award to submit to the Purchasing Agent a written protest of <br />the matter described in the award. The written protest must specify that the city did <br />not use Informal Solicitation procedures, the grounds upon which the protest is based, <br />demonstrate the basis for the protestor’s status as an aggrieved Offeror, and include <br />an electronic or postal address at which the protestor will receive the Purchasing <br />Agent’s response. Notwithstanding the foregoing, the period of protest may not be <br />shorter than seven (7) days after the date of notice of award, unless the Purchasing <br />Agent determines that the immediate execution of a contract is necessary to avoid a <br />loss of funding for the Contract or that further delay in execution will result in injury, <br />property damage or other serious adverse consequences. <br />13.2 .4 ARP. <br /> The Purchasing Agent shall consider a written <br />UTHORITY TO ESOLVE ROTESTS <br />protest and issue a written decision on the protest. The Purchasing Agent may not <br />consider a protest that is filed in an untimely manner or that fails to allege facts that <br />would support a finding that the protestor is an aggrieved Offeror. If the Purchasing <br />Agent is the city manager’s designee, the Purchasing Agent’s decision may be <br />appealed to the city manager by notifying the city manager of the intent to appeal <br />within three (3) Business Days after the date on which the Purchasing Agent sends its <br />decision to the proposer’s electronic or postal address specified in the written protest. <br />The decision of the city manager, or if no timely appeal to the city manager is made, <br />the decision of the Purchasing Agent, shall be the final decision of the city on the protest. <br />13.2 .5 DA;CS. <br /> If the city receives a protest <br />ELAY OF WARDANCELLATION OF OLICITATION <br />from an Offeror in accordance with this Section 13.2, the Solicitation Agent shall not <br />submit the contract for execution until the protest is resolved through the final <br />decision under subsection 13.2.4. In addition, the Purchasing Agent shall have <br />discretion to delay or cancel an award or a Solicitation in response to a protest, <br />regardless of the final decision on the protest, and may, but shall not be required to, <br />re-issue the Solicitation, if the Purchasing Agent determines that such action best <br />serves the city’s interests. <br />DDA <br />13.3. <br />EBARMENT AND ISQUALIFICATION PPEAL <br />13.3 .1 NRA. <br /> The city shall issue a written decision to debar a <br />OTICE OF IGHT TO PPEAL <br />prospective Offeror or to refuse or revoke prequalification of a prospective Offeror <br />and shall provide the decision to the prospective Offeror immediately. The decision <br />Article 13 Protests and Appeals Page 62 <br />Exhibit A to Administrative Order No. 44-08-06-F <br /> <br />
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