Orange County NC Website
Browse       Search
4 <br /> suggestions for improvement. The County's representative and/or construction manager <br /> shall hold a feedback session for the applicants who do not appeal the decision within 2 <br /> weeks of the request. <br /> 5. Firms wishing to appeal the decision shall follow the appeals process described below. <br /> D. Appeals Procedure <br /> l. The firm may appeal the denial of Prequalification as noted below. <br /> a. Initial Protest — A firm denied prequalification may protest the prequalification <br /> committee's decision by filing a written appeal via hand-delivery or e-mail to the <br /> applicable prequalification committee within three (3) business days of emailed <br /> notice that the firm has been denied prequalification. The written appeal shall <br /> clearly articulate the reasons why the firm is contesting the denial (i.e., explains <br /> how the firm satisfied all required criteria for prequalification in the government's <br /> solicitation in their initial response) and attach all documents supporting the <br /> firm's position. The prequalification committee may contact the firm regarding <br /> the information provided prior to ruling on the protest. The Prequalification <br /> Committee should review the written protest within five (5) business days. If the <br /> prequalification committee is satisfied that the firm should be prequalified, the <br /> firm shall be notified that it is prequalified to bid on the project and allowed to <br /> participate in the bid process. If the prequalification committee upholds its denial, <br /> the firm shall be notified in writing via e-mail. <br /> b. Appeal — Within three (3) business days of the County's emailed notice of the <br /> Prequalification Committee's written protest decision, the denied prequalified <br /> firm may appeal the prequalification committee's decision, in writing, via hand- <br /> delivery or e-mail, to the Prequalification Official (see C.1 above). The <br /> Prequalification Official should review the appeal within five (5) business days. <br /> In the event the Prequalification Official is unable to review in a timely manner, <br /> he/she may designate a representative that is not a member of the prequalification <br /> committee to handle the appeal. <br /> C. Decision on Appeal — The decision of the Prequalification Official or <br /> Representative on the appeal shall be final, and the firm shall be promptly <br /> notified of the decision. <br /> d. General Rules for Protests and Appeals — Firms submitting prequalification <br /> applications shall be provided an e-mail address for the communication with the <br /> County and/or construction manager during the protest and appeal process. The <br /> firm shall provide at least two e-mail addresses for use by the County and/or <br /> construction manager in communicating with the firm. In the event the <br /> Prequalification Official or Representative is unable to render a decision on either <br /> the initial protest or the appeal prior to the bid date, the firm shall be allowed to <br /> submit a bid on the project subject to a final decision on the protest or appeal. If <br /> the firm's bid is opened prior to a final decision on the protest or appeal and the <br /> bid is not the lowest monetary bid for the project, the appeal shall be terminated <br /> and rendered moot. Bids received from firms who have been ruled disqualified to <br /> bid shall not be opened. A firm's failure to comply with any requirements of the <br /> protest and appeals procedures of this section shall result in the firm's protest or <br /> appeal being terminated and rendered moot. <br /> {M4VA5A91190CX} Page 2 of 2 <br />