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CITY OF SANTA ANA <br />INSTRUCTIONS <br />Hall Annex /Public Works Counter on the first floor of the City Hall Annex. <br />a. The initial protest document shall contain a complete statement of the basis for the <br />protest. <br />b. The protest shall refer to the specific portion of the Contract Document which forms the <br />basis for the protest. <br />c. The protest shall include the name, address, and telephone number of the person <br />representing the protesting party. <br />d. The party filing the protest shall concurrently transmit a copy of the initial protest <br />document and any attached documentation to all other parties with a direct financial <br />interest, which may be adversely affected by the outcome of the protest. Such parties <br />shall include all other BIDDERS or proposers who appear to have a reasonable prospect <br />of receiving an award depending upon the outcome of the protest. If staff is aware a <br />protest has been filed prior to the opening of bids, the AGENCY shall announce at bid <br />opening who such parties shall be. <br />e. Should a written bid protest be filed in a timely fashion, a protest hearing shall be held <br />before the Executive Director of Public Works or designee on the 10th business day <br />following bid opening at 10:00 am in the conference room on the fourth floor of the City <br />Hall Annex at 20 Civic Center Plaza, City of Santa Ana, Santa Ana, California 92701. All <br />interested parties may appear and offer testimony at this bid protest hearing. Formal <br />rules of evidence shall not apply at this hearing, nor shall testimony under oath be <br />required. The burden of proof shall be on the party submitting the protest to <br />demonstrate that the staff's determination of proposed low BIDDER is arbitrary and <br />capricious, or unsupported by substantial evidence in the record. <br />f. All BIDDERS are advised that if you challenge the AGENCY's award of contract in court, <br />you may be limited to raising only those issues you or someone else raised at the public <br />hearing described above, or in written correspondence delivered to the Executive <br />Director of Public Works at or prior to the public hearing. <br />g. The Executive Director of Public Works or designee will issue a written decision to the <br />City Council on the protest, which shall also be promptly provided to all interested <br />parties. If the Executive Director of Public Works or designee determines that a protest <br />is frivolous, the party originating the protest may be determined to be irresponsible and <br />that party may be determined to be ineligible for future contract awards. <br />h. The procedure and time limits set forth in this paragraph are mandatory and are the <br />BIDDER's sole and exclusive remedy in the event of Bid protest, and failure to comply <br />with these procedures shall constitute a waiver of any right to further pursue the bid <br />protest, including filing a Government Code Claim or legal proceedings. <br />6 <br />SeRion 2 - b l rrformatlonSidders 09 -22 -2014 23A-1 7 <br />