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Non-Professional Services Agreement between 07/01/2025 City of San Leandro and Pencco, Inc—Exhibit D Page 13 of 16 a. The protest document must be provided as one PDF and must contain a complete statement of the basis for the protest and all supporting documentation and evidence. b. The party filing the protest must have actually submitted a bid for the chemical. A subcontractor of a party submitting a bid for the chemical may not submit a bid protest. A party may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. c. The protest must refer to the specific portion of the bid document which forms the basis for the protest. d. The protest must include the name, address and telephone number of the person representing the protesting party. e. The party filing the protest must concurrently transmit a copy of the protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. f. BACC will give the bidder that is the subject of the protest five (5) business days after the receipt of the protest to submit a written response. The responding bidder shall submit the response to the protesting bidder concurrent with delivery to BACC. g. The procedure and time limits set forth in this paragraph are mandatory and are the bidder’s sole and exclusive remedy in the event of bid protest. All protests and responses received after the time set forth herein will be rejected. The bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest. h. BACC will not be responsible for any delays or transmission errors. The protesting bidder accepts all risk of late delivery of electronic protests. If is the protesting bidder’s responsibility to ensure that a submittal protest is received by the bid coordinator listed in this solicitation by the due date and time. Protesting bidders should contact the bid coordinator to make sure that their electronic submittal has gone through. i. If BACC determines that a protest is frivolous, the protesting bidder may be determined to be non- responsible and that bidder may be determined to be ineligible for future contract awards. 4.3 Equal Opportunity The successful bidder must agree not to refuse the hire, discharge, promote, or to otherwise discriminate in the matters of compensation against any person otherwise qualified solely because of race, creed, sex, national origin, ancestry, or physical handicap. It must be a condition that any company firm or corporation supplying goods or services, must be in compliance with the Americans with Disabilities (ADA) Act of 1990. A certificate stating compliance with the ADA may be required, upon request, by any BACC agency. 4.4 Modification of Contract This bid solicitation document including the bid contract documents, in conjunction with each BACC agency’s purchase order, purchase agreement and / or contract, will constitute the entire contract between each BACC agency and the successful bidder. The contract may not be modified, altered, or Docusign Envelope ID: B72AF0D0-C77A-4A6B-8727-4C891D248F6D