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City of Everett 00 22 13 - 3 <br />PGSF WMVD Storm and Combined Sewer - Construction Package 2 WO# UP-3815-02 <br />00 22 13 - 3 SUPPLEMENTAL INSTRUCTIONS TO BIDDERS <br />1.3 PROCEDURE <br />A. Requests for Criteria Modification. <br />1. A Bidder may request that City modify the supplemental bidder responsibility <br />criteria listed above. This request must be in writing to the City project manager <br />and must be received by the City project manager at least ten business days <br />before the bid opening. The City project manager will evaluate the information <br />submitted by the Bidder and will respond within three business days after receipt <br />of the request. If City evaluation results in a change of the criteria, the City will <br />issue an addendum to the bid documents identifying the new or revised criteria. <br />Any protest of a City decision regarding a request for criteria modification must <br />be in strict conformity with Everett Municipal Code Chapter 3.46, Bid Protest <br />Procedures. <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 staff recommends that the Bidder be found to not meet the bidder <br />responsibility criteria above and is therefore not a responsible bidder, City staff <br />will notify the Bidder in writing with the reasons for recommendation. If the Bidder <br />disagrees with this recommendation, the Bidder may appeal to the director of the <br />City department responsible for this Contract (the “Director”) by presenting <br />additional information to the Director in writing within two (2) business days after <br />receipt of the recommendation. The Director will consider the appeal and any <br />additional information and will issue a decision regarding the appeal. Any protest <br />by Bidder of the Director decision or any award must be in strict conformity to <br />Everett Municipal Code Chapter 3.46, Bid Protest Procedures, which (among <br />other requirements) may require that any protest be filed with the City Clerk no <br />later than the business day prior to the date of City Council proposed award or <br />rejection of all bids. The City will not execute a contract with any other Bidder <br />until two business days after the Bidder determined to be not responsible has <br />received the Director decision or, if a protest is filed under Everett Municipal <br />Code Chapter 3.46, until two business days after the Bidder receives written <br />notice of the City’s final determination of the protest.. <br />PART 2 - PRODUCTS (NOT USED) <br />PART 3 - EXECUTION (NOT USED) <br />END OF SECTION