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CITY OF SANTA ANA <br />INSTRUCTIONS TO BIDDERS <br />PROJECT NO.: XX-XXXX <br />PROJECT TITLE <br /> <br />xiv <br />protested bidder and any other bidder who has a reasonable prospect of receiving an award <br />depending on the outcome of the protest. <br />d. Response to Protest. The protested bidder may submit a written Response to the Bid <br />Protest within two business days after the Bid Protest Deadline or after actual receipt of <br />the bid protest, whichever is sooner (“Response Deadline”). The Response to the Bid <br />Protest must include all supporting documentation. Material submitted after the <br />Response Deadline will not be considered. The Response to the Bid Protest must contain <br />the name, address, e-mail address, and telephone number of the persons representing the <br />protested bidder if different from the protested bidder. <br />e. Copy to Protesting Bidder. A copy of the Response to the Bid Protest and all <br />supporting documents must be concurrently transmitted by the protested bidder to the <br />protesting bidder and any other bidder who has a reasonable prospect of receiving an <br />award depending upon the outcome of the protest. <br />f. No Hearing on Bid Protests based on Non-Responsiveness. No hearing shall be <br />required for bid protests based on lack of responsiveness. <br />g. Exclusive Remedy. The procedures and time limits set forth above are mandatory and <br />are the bidder’s sole and exclusive remedy in the event of a bid protest. Protesting and <br />protested bidder’s failure to comply with these procedures will constitute a waiver of any <br />right to further pursue a bid protest, including without limitation filing a claim under the <br />California Government Code or the initiation of legal proceedings. <br />h. Right to Award. The City Council reserves the right to award the Contract to the bidder <br />it has determined to be the responsible bidder submitting the lowest responsive bid, and <br />to issue a notice to proceed with the project notwithstanding any pending or continuing <br />challenge to its determination. <br />i. Decision on Protest. The Executive Director of Public Works or designee will issue a <br />written decision to the City Council on the protest, which shall also be promptly provided to <br />all interested parties. <br />BID PROPOSAL <br />The definitions for Bid Items that are identified in the Bid Proposal form are provided in <br />Appendix A. <br />The AGENCY will check each bid item unit price and amount for all the bids submitted. In case <br />of a discrepancy between the correct product of the quantity multiplied by the unit price and the <br />subtotal amount entered by the BIDDER, the correct unit price shall prevail and the product will <br />be correctly accordingly. <br />In case of a discrepancy between the correct sum of the individual subtotal amounts and the total <br />bid amount entered by the BIDDER, the correct sum shall prevail. If a unit price is not legible or <br />is missing, the amount for that contract bid item shall be divided by the quantity to arrive at the <br />unit price. The bid total shall be corrected and the results shall be considered as representing the <br />bidder’s intention. Proposals in which the prices are obviously unbalanced may be rejected. <br />505 E Central Ave <br />#B11/6/2024