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CITY OF SANTA ANA <br />RFP No. 20-160 BOND AND VALIDATION COUNCEL SERVICES Page 8 of 26 <br /> <br />proposal by providing written notice of the proposal withdrawal to the City Contact/Project <br />Manager. Verbal or telephonic withdrawals are not permissible. <br /> <br />IX. PROTESTS <br /> <br />Proposers may file a “protest” to an RFP with the City’s Purchasing Department. In order for a <br />Bidder’s protest to be considered valid, the protest must: <br /> <br />1. Be filed in writing within five (5) business days of either the RFP issued date or <br />before 5:00 p.m. of the 5th business day following the posting of Bid Results/Notice <br />of Intent to Award Contract on the City’s website; <br /> <br />2. Clearly identify the specific irregularity or accusation; <br /> <br />3. Clearly identify the specific City staff determination or recommendation being <br />protested; <br />4. Specify, in detail, the grounds of the protest and the facts supporting the protest; <br />and <br /> <br />5. Include all relevant, supporting documentation with the protest at time of filing. <br /> <br />If the protest does not comply with each of these requirements, it will be rejected as invalid. If <br />the protest is valid, the City’s Purchasing Manager, or other designated City staff member, shall <br />review the basis of the protest and all relevant information. The Purchasing Manager will provide <br />a written decision to the protestor within ten (10) business days from receipt of protest. The <br />decision from the Purchasing Manager, or her/her designee, is final and no further appeals will <br />be considered. <br /> <br />X. GENERAL TERMS AND CONDITIONS <br />By submitting an electronic proposal, the bidder certifies that the bidder has thoroughly <br />examined and understands the Request for Proposals, and that by submitting its bid <br />electronically, the bidder acknowledges, agrees to, and is bound by its bid. Alternatives which <br />do not substantially comply with the City's specifications will not be considered. Conditional <br />proposals cannot be accepted. Additioanally Proposer accepts the Terms and Conditions of <br />this RFP as described below: <br />A. AMERICANS WITH DISABILITIES ACT <br />The awarded Contractor hereby certifies that it will comply, as applicable, with the <br />Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its <br />implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not <br />discriminate against persons with disabilities nor against persons due to their <br />relationship to or association with a person with a disability. Any contract entered into <br />by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be <br />subject to the provisions of this paragraph. <br /> <br />B. CITY RIGHT TO REJECT <br />The City reserves the right to reject any or all proposals submitted and no representation <br />is made hereby that any agreement will be awarded pursuant to this RFP or otherwise.