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<br /> <br /> <br /> <br />Non-Professional Services Agreement between 5/22/2025 <br />City of San Leandro and Univar Solutions USA LLC —Exhibit D Page 13 of 15 <br />a. The protest document must be provided as one PDF and must contain a complete statement of the basis for <br />the protest and all supporting documentation and evidence. <br />b. The party filing the protest must have actually submitted a bid for the chemical. A subcontractor of a party <br />submitting a bid for the chemical may not submit a bid protest. A party may not rely on the bid protest <br />submitted by another bidder, but must timely pursue its own protest. <br />c. The protest must refer to the specific portion of the bid document which forms the basis for the protest. <br />d. The protest must include the name, address and telephone number of the person representing the protesting <br />party. <br />e. The party filing the protest must concurrently transmit a copy of the protest document and any attached <br />documentation to all other parties with a direct financial interest which may be adversely affected by the <br />outcome of the protest. Such parties shall include all other bidders who appear to have a reasonable <br />prospect of receiving an award depending upon the outcome of the protest. <br />f. BACC will give the bidder that is the subject of the protest five (S) business days after the receipt of the <br />protest to submit a written response. The responding bidder shall submit the response to the protesting <br />bidder concurrent with delivery to BACC. <br />g. The procedure and time limits set forth in this paragraph are mandatory and are the bidder's sole and <br />exclusive remedy in the event of bid protest. All protests and responses received after the time set forth <br />herein will be rejected. The bidder's failure to comply with these procedures shall constitute a waiver of <br />any right to further pursue the bid protest. <br />h. BACC will not be responsible for any delays or transmission errors. The protesting bidder accepts all risk of <br />late delivery of electronic protests. If is the protesting bidder's responsibility to ensure that a submittal <br />protest is received by the bid coordinator listed in this solicitation by the due date and time. Protesting <br />bidders should contact the bid coordinator to make sure that their electronic submittal has gone through. <br />i. If BACC determines that a protest is frivolous, the protesting bidder may be determined to be non - <br />responsible and that bidder may be determined to be ineligible for future contract awards. <br /> <br /> <br />4.3 Equal Opportunity <br />The successful bidder must agree not to refuse the hire, discharge, promote, or to otherwise discriminate <br />in the matters of compensation against any person otherwise qualified solely because of race, creed, sex, <br />national origin, ancestry, or physical handicap. It must be a condition that any company firm or <br />corporation supplying goods or services, must be in compliance with the Americans with Disabilities {ADA) <br />Act of 1990. A certificate stating compliance with the ADA may be required, upon request, by any BACC <br />agency. <br /> <br />4.4 Modification of Contract <br />This bid solicitation document including the bid contract documents, in conjunction with each BACC agency's <br />purchase order, purchase agreement and / or contract, will constitute the entire contract between each <br />BACC agency and the successful bidder. The contract may not be modified, altered, or <br />Docusign Envelope ID: 2BD19FCF-A2D6-4964-BFE6-649E662A2036