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City of Everett 00 22 13 - 5 <br />Port Gardner Storage Facility – Facility Construction Package WO# UP-3525 <br /> <br /> <br />00 22 13 - 5 SUPPLEMENTAL INSTRUCTIONS TO BIDDERS <br />Category 2: Sensive informaon <br />Category 2: For official use only / disclosure permissible by law. <br />B. Additional Information. <br />1. The City may require that the Bidder submit information in addition to the <br />Bidder’s Supplemental Responsibility Statement. The City may require <br />supplementation or revision of the Bidder’s Supplemental Responsibility <br />Statement. The City also reserves the right to obtain information from third <br />parties and independent sources of information concerning a Bidder’s <br />compliance with the mandatory and supplemental criteria, and to use that <br />information in their evaluation. The City may consider mitigating factors in <br />determining whether the Bidder complies with the requirements of the <br />Supplemental Criteria. <br />C. Appeal of Responsibility Decision. <br />1. If City Project staff determines to recommend that the City should find that the <br />Bidder does not meet the bidder responsibility above and is therefore not a <br />responsible bidder, the City Project staff will notify the Bidder in writing with the <br />reasons for its recommendation. If the Bidder disagrees with this <br />recommendation, the Bidder may appeal to the director of the City department <br />responsible for this Contract (the “Director”) by presenting additional information <br />to the Director in writing within two (2) business days after receipt of the <br />recommendation. The Director will consider the appeal and any additional <br />information and will issue a decision regarding the appeal, which will take the <br />form of a recommendation to the Everett City Council. Any protest by Bidder of <br />the Director decision must be in strict conformity to Everett Municipal Code <br />Chapter 3.46, Bid Protest Procedures, which (among other requirements) <br />requires that any protest be filed with the City Clerk no later than the business <br />day prior to the date of City Council proposed award or rejection of all bids. The <br />City will not execute a contract with any other Bidder until two business days <br />after the Bidder determined to be not responsible has received the Director <br />decision or, if a protest is filed under Everett Municipal Code Chapter 3.46, until <br />two business days after the Bidder receives written notice of the City’s final <br />determination of the protest. <br />PART 2 - PRODUCTS (Not Used) <br />PART 3 - EXECUTION (Not Used) <br />END OF SECTION 00 22 13