25H - AGMT - STREET SWEEPING SERVICES

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XIX. REVIEW EVALUATION RESULTS AND AWARD The evaluations will become public record after award. Interested offerors may submit a written request, with a self-addressed stamped envelope to receive results of the evaluation. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. Submit your request to City of Santa Ana, Public Works Agency Maintenance Division, 220 S. Daisy Avenue, Santa Ana, CA 92703. XX. PROTEST PROCESS Any protest must be submitted in writing to the Executive Director of Public Works, City of Santa Ana, 20 Civic Center Plaza M-21, Santa Ana, CA 92701 before 5:00 p.m. of the 5th business day following City's notification of intent to award contract. Protester is responsible for ensuring timely delivery of protest. Hand delivered protests must be delivered to the receptionist at the Public Works Receptionist Counter on the 4th floor of the City Hall Ross Annex. The protest shall include a complete statement of the basis for the protest, and shall specify the basis for the protest. The protest shall include the name, address and telephone number of the person representing the protesting party. The person filing the protest shall concurrently transmit a copy of the protest document, and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties include all other proposers who appear to have a reasonable prospect of receiving an award depending on the outcome of the protest. If a timely protest is received, the Executive Director of Public Works, or designee, shall set a hearing within five (5) business days, or as soon thereafter as a hearing may be set. All interested parties may appear and offer testimony at the protest hearing. Formal rules of evidence shall not apply at this hearing, nor shall testimony under oath be required. The burden of proof shall be on the protesting party to demonstrate that staffs determination of the proposed "best quality service at minimum cost" is arbitrary and capricious or unsupported by substantial evidence in the record. The Executive Director will issue a written decision to the City Council on the protest, which shall also be promptly provided to all interested parties. The procedure and time limits set forth in this paragraph are mandatory and are the proposers' sole and exclusive remedy in the event of a protest. Failure to comply with the procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code Claim or legal proceedings. 25H-40