Exhibit E - Complaint Protest Process (005).pdf

Washington Department of Fish and Wildlife

RFQ No. 26-00007 – Complaint, Debrief and Protest Procedure

No. 26-00007 Samish River Unit Tree and Shrub Planting Project

Exhibit E – Complaint, Debrief, and Protest Procedure

1. PROCUREMENT COMPLAINT PROCESS

Vendors considering submitting a bid or proposal in response to any request for bids, request for qualifications, request for proposals or any solicitation for goods and services under RCW 39.26 may submit complaints regarding a particular solicitation to the WDFW solicitation point of contact. Vendors may submit a complaint on the following for any solicitation:

• The solicitation unnecessarily restricts competition;

• The solicitation evaluation or scoring process is unfair or flawed; or

• The solicitation requirements are inadequate or insufficient to prepare a response.

All complaints submitted under this process must:

• Be in writing;

• Be received by the WDFW solicitation point of contact by e-mail not later than five business days before the vendor’s response to a solicitation is required to be submitted to WDFW.

• Clearly articulate the basis for the complaint; and

• Include a proposed remedy.

WDFW will respond to complaints in writing and post the response (and any changes to the solicitation required by the response) on WEBS. Vendors may not appeal the response or raise the same complaint during any protest period.

2. PROCUREMENT PROTEST PROCEDURE

RCW 39.26.170 requires WDFW to have a clear and transparent complaint process that allows bidders to submit protests after the announcement of the apparent successful bidder (ASB). The purpose of this process is to allow WDFW to correct evaluation process errors and problems before a contract is executed. After the announcement of the ASB, the WDFW solicitation point of contact must offer a debriefing conference to any bidder upon request.

Bidders must request a debriefing conference within three (3) business days after the ASB is announced. In order to submit a protest for a solicitation:

• The bidder must have submitted a response for that solicitation;

• The bidder must have participated in a debriefing conference for that solicitation;

• The protest must be received by the WDFW solicitation point of contact by e-mail or letter within five (5) business days after the bidder’s debriefing conference; and

• The protest must be in writing and clearly articulate the basis for the protest.

Bidders may submit a protest on the following issues for a solicitation:

• A matter of bias, discrimination, or conflict of interest on the part of an evaluator;

• Errors in computing the scores; or

• Non-compliance with procedures described in the procurement document or agency protest process.

The WDFW Chief Financial Officer is responsible for investigating and responding to the protest in writing within ten

(10) business days from receipt of the protest, unless additional time is needed. If additional time is needed the WDFW Chief Financial Officer will notify the protesting bidder within ten (10) business days from receipt of the protest. The WDFW Chief Financial Officer’s decision regarding a protest is final.