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I <br /> I1 As evidence that the Bidder meets the Supplemental Criteria stated above, the apparent <br /> 2 low Bidder must submit to the Contracting Agency by 12:00 P.M. (noon) of the second <br /> 3 business day following the bid submittal deadline, a written statement verifying that the <br /> I 4 Bidder meets the supplemental criteria together with supporting documentation (sufficient <br /> 5 in the sole judgment of the Contracting Agency) demonstrating compliance with the <br /> 6 Supplemental Criteria. The Contracting Agency reserves the right to request further <br /> I 7 documentation as needed from the low Bidder and documentation from other Bidders as <br /> 8 well to assess Bidder responsibility and compliance with all bidder responsibility criteria. <br /> 9 The Contracting Agency also reserves the right to obtain information from third-parties and <br /> I10 independent sources of information concerning a Bidder's compliance with the mandatory <br /> 11 and supplemental criteria, and to use that information in their evaluation. The Contracting <br /> 12 Agency may consider mitigating factors in determining whether the Bidder complies with <br /> I13 the requirements of the supplemental criteria. <br /> 14 <br /> 15 The basis for evaluation of Bidder compliance with these mandatory and supplemental <br /> I16 criteria shall include any documents or facts obtained by Contracting Agency (whether <br /> 17 from the Bidder or third parties) including but not limited to: (i)financial, historical, or <br /> 18 operational data from the Bidder; (ii) information obtained directly by the Contracting <br /> I19 Agency from others for whom the Bidder has worked, or other public agencies or private <br /> 20 enterprises; and (iii) any additional information obtained by the Contracting Agency which <br /> 21 is believed to be relevant to the matter. <br /> I22 <br /> 23 If the Contracting Agency determines the Bidder does not meet the bidder responsibility <br /> 24 criteria above and is therefore not a responsible Bidder, the Contracting Agency shall <br /> I25 notify the Bidder in writing, with the reasons for its determination. If the Bidder disagrees <br /> 26 with this determination, it may appeal the determination within two (2) business days of the <br /> 27 Contracting Agency's determination by presenting its appeal and any additional <br /> 28 information to the Contracting Agency. The Contracting Agency will consider the appeal <br /> I29 and any additional information before issuing its final determination. If the final <br /> 30 determination affirms that the Bidder is not responsible, the Contracting Agency will not <br /> 31 execute a contract with any other Bidder until at least two business days after the Bidder <br /> 111 32 determined to be not responsible has received the Contracting Agency's final <br /> 33 determination. <br /> 34 <br /> I35 Request to Change Supplemental Bidder Responsibility Criteria Prior To Bid: Bidders with <br /> 36 concerns about the relevancy or restrictiveness of the Supplemental Bidder Responsibility <br /> 37 Criteria may make or submit requests to the Contracting Agency to modify the criteria. <br /> I38 Such requests shall be in writing, describe the nature of the concerns, and propose <br /> 39 specific modifications to the criteria. Bidders shall submit such requests to the Contracting <br /> 40 Agency no later than five (5) business days prior to the bid submittal deadline and address <br /> 41 the request to the Project Engineer or such other person designated by the Contracting <br /> I <br /> 42 Agency in the Bid Documents. <br /> 43 <br /> 44 1-02.15 Pre Award Information <br /> I45 (August 14, 2013 APWA GSP) <br /> 46 <br /> 47 Revise this section to read: <br /> I48 <br /> 49 Before awarding any contract, the Contracting Agency may require one or more of these <br /> 50 items or actions of the apparent lowest responsible bidder: <br /> IWEST MARINE VIEW DRIVE UTILITIES PAGE 20 OF 117 August 2018 <br /> WORK ORDER#3588 <br /> SPECIAL PROVISIONS <br />