Appeal of Prequalification Results

If a Firm chooses to challenge a prequalification decision, the Firm must follow the following procedure:

  • Firm must, within two (2) business days after notification of the District’s prequalification decision, submit in writing to David Willis, the District Director of Facilities Planning, Maintenance & Operations, a request that the District review or reconsider its determination. The Firm’s request must set forth in detail all grounds for the request, including all facts, supporting documentation, legal authorities, and arguments in support of the grounds for the request. Any matters not set forth in the request shall be deemed waived. If the Firm does not submit a timely request, the District’s determination shall be final and the Firm shall waive all rights to challenge the District’s decision, whether by administrative process, judicial process, or any other legal process or proceeding.
  • If the Firm timely files the request for review, District staff shall schedule a time for a meeting to allow the Firm to rebut any evidence used as a basis for the decision and to present evidence as to why the Firm should be determined to be qualified to formally bid the Project. District staff shall then review the Firm’s evidence and subsequently notify the Firm regarding whether the Firm is determined qualified to formally bid the Project.
  • If the Firm chooses to challenge District staff’s determination regarding the Firm’s prequalification rating after presenting evidence as described above, the Firm may then, within two (2) business days of being notified of District staff’s determination, request that the District establish a three (3) member committee for a hearing to review the facts and reconsider the prequalification decision. The Firm’s representative will be invited to appear in person or in a virtual meeting online to bring before the committee any information identified in the appeal. The Firm will then be released from the meeting and the committee members shall consider whether to recommend a change in the Firm’s rating. The committee shall render a recommendation to the Vice Chancellor, Administrative Services of the District who shall issue a final and binding decision. The Firm will be faxed or emailed notification of the final and binding decision.
  • The Firm and the District will each bear their own attorneys’ costs and any other costs or fees associated with any appeal.