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9 1 P a g e- AUDITING SERVICES - REQUEST FOR PROPOSAL <br />4. Ability to provide continuity of staff from year to year. (15% of the rating) <br />5. Thoroughness of auditors proposed scope of work. (10% of the rating) <br />Clearly defined schedule of work to be performed and ability to meet required completion <br />dates for key parts of the audit. (20% of the rating) <br />Reasonableness and competitiveness of cost budget. (15% of the rating) <br />The award of the contract will not be based on the lowest fee proposed, but on a combination of all <br />of the above factors. <br />City will interview the top rated firms and recommend award of the contract to the Proposer who will <br />provide the best quality service at minimum cost to the City. The City reserves the right to <br />negotiate pricing and for additional interviews. The City will notify the successful firms by mail of <br />invitation for final oral interview and /or award. <br />D. Protest Process <br />Any protest must be submitted in writing to the Executive Director of Finance and Management <br />Services, 20 Civic Center Plaza, Santa Ana, CA 92701 before 5:00 p.m. of the 5th business day <br />following City's notification of intent to award contract. Protester is responsible for ensuring timely <br />delivery of protest. <br />The protest shall include a complete statement of the basis for the protest, and shall specify the <br />basis for the protest. The protest shall include the name, address and telephone number of the <br />person representing the protesting party. <br />The person filing the protest shall concurrently transmit a copy of the protest document, and any <br />attached documentation to all other parties with a direct financial interest which may be adversely <br />affected by the outcome of the protest. Such parties include all other proposers who appear to <br />have a reasonable prospect of receiving an award depending on the outcome of the protest. <br />If a timely protest is received, the Executive Director, or designee, shall set a hearing within five (5) <br />business days, or as soon thereafter as a hearing may be set. All interested parties may appear <br />and offer testimony at the protest hearing. Formal rules of evidence shall not apply at this hearing, <br />nor shall testimony under oath be required. The burden of proof shall be on the protesting party to <br />demonstrate that staffs determination of the proposed "best quality service at minimum cost" is <br />arbitrary and capricious or unsupported by substantial evidence in the record. <br />The Executive Director will issue a written decision to the City Council on the protest, which shall <br />also be promptly provided to all interested parties. <br />The procedure and time limits set forth in this section are mandatory and are the proposers' sole <br />and exclusive remedy in the event of a protest. Failure to comply with the procedures shall <br />constitute a waiver of any right to further pursue the protest, including filing a Government Code <br />Claim or legal proceedings. <br />