22-25-728 Attachment 09 Ph2ProtestProcedures.pdf
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- Solicitation number
- 2025-728
- Issued by
- King County, Washington
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This document outlines Phase Two Protest Procedures for the Bellevue College Parking Garage Update GC/CM project administered by the Washington Department of Enterprise Services. The procedures govern protests regarding responsiveness determinations and finalist selection following the submission of Request for Proposals (RFPs). Submitters may protest evaluation and finalist selection results by filing a notice of protest with the point of contact and concurrent copies to other submitters. Protests regarding RFP responsiveness or disqualification decisions must be filed within five business days of non-responsiveness notification, scheduled oral meetings, or public announcement of finalists. Protests challenging the finalist selection process must also be filed within five business days of the public announcement of finalists. Within seven calendar days of the initial notice, protesting submitters must file a detailed statement of grounds, legal authorities, and supporting facts with the point of contact, with concurrent delivery to all other submitters. All evidentiary statements must be submitted as signed certified declarations under penalty of perjury, and the protesting submitter bears the burden of proving its protest by clear and convincing evidence.
Other submitters may file statements supporting or opposing the protest within seven calendar days of the detailed statement filing. The Department of Enterprise Services' Assistant Director of Facility Professional Services shall issue a written decision within thirty calendar days of receiving the detailed protest statement, unless additional time is needed. No evidentiary hearing or oral argument shall be provided unless deemed useful at the sole discretion of the Assistant Director. The RFP shall not be issued to finalists until the written decision is issued, unless necessary for project completion. If the Assistant Director determines the protest has merit, remedial steps may include withdrawing or revising decisions, issuing a new RFP, or taking other appropriate actions. Failure to file a notice of protest or detailed statement within applicable periods constitutes an unconditional waiver of protest rights, except for protests based on facts not reasonably ascertainable at the time of filing.
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Attachment 09: Phase Two Protest Procedures
Attachment 09: Phase Two Protest Procedures 6/14/2022
PHASE TWO PROTEST PROCEDURES
Protests Regarding Responsiveness and Finalist Selection Process after Submission of RFPs
A submitter may protest the results of the evaluation and finalist selection process by filing a notice of protest by hand delivery or courier to the point of contact. The protesting submitter shall concurrently provide a copy of its notice of protest to the other submitters. The notice of protest shall specifically state the grounds of the protest.
Notice of protest of any decision to accept or disqualify an RFP on responsiveness grounds must be filed within five (5) business days after the earliest of: notification of non-responsiveness, the scheduled date for oral meetings and presentations (if any), or the public announcement of the finalists. Notice of protest of the decision on the finalist selection process must be filed and received by the Department of Enterprise Services (Enterprise Services) within five (5) business days after the public announcement of the finalists.
Within seven (7) calendar days of the notice of protest, the protesting submitter must file with the point of contact a detailed statement of the grounds, legal authorities and facts, including all documents and evidentiary statements, in support of the protest. The protesting submitter shall concurrently deliver a copy of the detailed statement to all other submitters. Evidentiary statements, if any, shall be submitted as signed certified declarations under penalty of perjury.
The protesting submitter shall have the burden of proving its protest by clear and convincing evidence.
Failure to file a notice of protest or a detailed statement within the applicable period shall constitute an unconditional waiver of the right to protest the evaluation or finalist selection process and decisions thereunder, other than any protest based on facts not reasonably ascertainable as of such date.
Other submitters may file by hand delivery to the point of contact a statement in support of or in opposition to the protest. Such statement must be filed within seven (7) calendar days after the protesting submitter files its detailed statement of protest. Enterprise Services will promptly forward copies of any such statements to the protesting submitter.
No evidentiary hearing or oral argument shall be provided, except, in the sole and absolute discretion of Enterprise Services’ Assistant Director of Facility Professional Services, a hearing or oral argument may be permitted if deemed useful in rendering a decision. Enterprise Services’ Assistant Director of Facility Professional Services shall issue a written decision regarding the protest within thirty (30) calendar days after Enterprise Services receives the detailed statement of protest, unless notice is given to the protesting submitter that additional time is needed. Such decision shall be final and conclusive. Enterprise Services shall deliver the written decision to the protesting submitter and copies to the other submitters. Unless necessary for the successful completion of the project, as determined at the sole discretion of the Enterprise Services’ Assistant Director of Facility Professional Services, the Request for Proposals shall not be issued to the finalists until Enterprise Services issues its written decision on the protest.
If the Enterprise Services’ Assistant Director of Facility Professional Services concludes that the submitter filing the protest has established a basis for protest, the Enterprise Services’ Assistant Director of Facility Professional Services will determine what remedial steps, if any, are necessary or appropriate to address the issues raised in the protest. Such steps may include, without limitation, withdrawing or revising the decisions, issuing a new RFP or taking other appropriate actions.
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