2021/10/13 Council Agenda Packet

• A matter of bias, discrimination, or conflict of interest on the part of an evaluator; • Errors in computing the score; and/or • Non-compliance with procedures described in the procurement document or COMMERCE policy. Protests not based on procedural matters will not be considered. Protests will be rejected as without merit if they address issues such as: 1) an evaluator's professional judgment on the quality of a proposal, or 2) COMMERCE'S assessment of its own and/or other agencies' needs or requirements. Upon receipt of a protest, a protest review will be held by COMMERCE. The COMMERCE Director or an employee delegated by the Director who was not involved in the procurement will consider the record and all available facts and issue a decision within ten (10) business days of receipt of the protest. If additional time is required, the protesting party will be notified of the delay. In the event a protest may affect the interest of another Applicant that also submitted a proposal, such Applicant will be given an opportunity to submit its views and any relevant information on the protest to the RFP Coordinator. The final determination of the protest shall: • Find the protest lacking in merit and uphold COMMERCE'S action; or • Find only technical or harmless errors in COMMERCE'S acquisition process and determine COMMERCE to be in substantial compliance and reject the protest; or • Find merit in the protest and provide COMMERCE options which may include: o Correct the errors and re-evaluate all proposals, and/or o Reissue the solicitation document and begin a new process, or o Make other findings and determine other courses of action as appropriate. If COMMERCE determines that the protest is without merit, COMMERCE will enter into a contract with the apparently successful contractor. If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken. COMMERCE RFP No.19-31440-1 Page 16 of 18