SJSU has the final authority to resolve complaints, protests and disputes arising from the solicitation, award or performance of a contract. Solicitation documents contain provisions for the resolution of protests and disputes.
If, prior to the award of a contract, and in accordance with the posting of a Notification of Intent to Award, any bidder files a protest on the grounds that the award is not in conformance with the provisions of the solicitation document, the contract shall not be awarded until either the protest has been withdrawn or a decision has been reached by the appropriate campus authorities as to the action to be taken in response to the protest.
Any complaint, protest or dispute lodged by a bidder, vendor or contractor shall initially be addressed by the Buyer assigned to the transaction. Often, an issue may be resolved simply by providing a clarification of the bid document.
Once it becomes evident that a matter cannot be resolved informally, the protest will be elevated to the Purchasing Manager and, if necessary, the Director of Procurement & Support Services.
After all factors have been analyzed, a final decision shall be issued in a timely fashion by SJSU. The decision shall be in writing and shall be mailed or otherwise furnished to the bidder, vendor or contractor in such a manner as to ensure receipt. The decision of SJSU is final.
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