Page 78 - CONTRACT POLICY MANUAL

§4.3-107 Waivable Informalities

(1) When considered in the best interest of the County, certain proposal requirements may be
waived by the County Procurement Officer or Deputy Purchasing Agent. Such waivers
will be only for minor requirements which will not provide a material advantage for one
proposer over another. Examples of waivable informalities are:
a) Failure of a proposer to submit information due to oversight;
b) Failure of a proposer to sign or date a bid document; or,

c) Failure of a proposer to submit the requested number of proposal copies.
(2) Waivable informalities will be considered on a case by case basis and will occur only when
in the County’s best interest.

§4.3-108 Confidentiality

(1) Proposals are not to be marked as confidential or proprietary. Proposals submitted in
response to a RFP are subject to public disclosure as permitted by the California Public
Records Act. Additionally, all proposals shall become the property of the County. The
County reserves the right to make use of any information or ideas in the proposals
submitted.
(2) Regardless of any identification otherwise, including marking some or all pages as
“confidential” or “proprietary”, information in proposals shall become a part of the public
record and subject to disclosure without further notice to the proposer.
(3) The County shall not in any way be liable or responsible for the disclosure of any such
records.

§4.3-109 Protest – RFP

(1) In accordance with Section 1.3 of this manual, any actual or prospective proposer or
contractor who alleges a grievance by an error or impropriety in the solicitation or award
of a contract may submit a grievance or protest to the appropriate department Deputy
Purchasing Agent administering the RFP.

(2) Release of Proposal Information: In accordance with §1.3-105, immediately upon
completion of negotiations with the top-ranked vendor(s), but prior to the filing of an ASR
for award of contract, the Deputy Purchasing Agent shall send a “notice of intent to award”
to all participating vendors and a copy to the Clerk of the Board.

a) Vendors will then have five (5) business days from the date of the notice in which
to obtain proposal documents that are available for disclosure, including final score
sheets with the names and notes of individual evaluators redacted.

b) Upon expiration of the five (5) day period, the department may move forward with
the contract award or as necessary, filing the item for approval by the Board of
Supervisors.

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