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21 <br /> ORANGE COUNTY <br /> NOR C-1R0I.I N <br /> c. That the evaluation process conducted by OPT is improper, illegal, or <br /> the decision to recommend award is arbitrary and capricious. <br /> The protest must be received by OPT at the address specified in the <br /> solicitation no later than five (5) calendar days after the date such <br /> notification is publicly posted or sent to the bidder or proposer, whichever <br /> is earlier. A written decision stating the grounds for allowing or denying the <br /> protest will be transmitted to the protestor and the proposer recommended <br /> for award in a manner that provides verification of receipt. Such decision <br /> shall be final, except as provided by applicable law or regulation. <br /> Upon receipt of a protest of this type, the OPT Administrator shall notify all <br /> offerors and any other known interested parties of the receipt and nature <br /> of the protest and request an extension of the validity period of their offers, <br /> if appropriate. Unless it is determined that delay will be prejudicial to the <br /> interest of OPT or that the protest lacks substantial merit, award will be <br /> withheld pending disposition of the protest. Should one or more offerors <br /> refuse a requested extension of the validity of an offer, the OPT <br /> Administrator may reject such proposal unless it is determined that the <br /> protest can reasonably be resolved and the award process continued <br /> without need for such extension. Should the protest be upheld in whole or <br /> substantial part, the OPT Administrator may either revise the evaluation <br /> process to correct the matter protested or cancel the solicitation in its <br /> entirety. <br /> B. Disputes/Breach/Terminations <br /> For any contract exceeding $100,000, administrative, contractual, or legal <br /> remedies for violations or breach of contract will be included in the subject <br /> contract language. For procurements exceeding $3,000 (small-purchase or <br /> greater procurements), administrative, contractual, or legal remedies for <br /> violations or breach of contract will be included in the subject contract language <br /> and will allow for contract termination. Termination may be based on cause or for <br /> convenience, and such provisions will be included in contract language. <br /> 19 <br />