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Specifications, Terms & Conditions for Operation and Maintenance Services of Sewer and Water Systems 2. Upon receipt of written protest, GSA—Assistant Director, or designee will review and evaluate the protest and issue a written decision. The GSA-Assistant Director, may, at his or her discretion, investigate the protest, obtain additional information, provide an opportunity to settle the protest by mutual agreement, and/or schedule a meeting(s) with the protesting Bidder and others (as appropriate) to discuss the protest. The decision on the bid protest will be issued at least ten (10) business days prior to the Board hearing date. The decision will be communicated by e-mail or fax, and certified mail, and will inform the bidder whether or not the recommendation to the Board of Supervisors in the Notice of Intent to Award is going to change. A copy of the decision will be furnished to all Bidders affected by the decision. As used in this paragraph, a Bidder is affected by the decision on a Bid protest if a decision on the protest could have resulted in the Bidder not being the apparent successful Bidder on the RFP. 3. The decision of the GSA—Assistant Director on the bid protest may be appealed to the Auditor- Controller's Office of Contract Compliance (OCC) located at 1221 Oak St., Room 249, Oakland, CA 94612, Fax: (510) 272-6502. The Bidder whose Bid is the subject of the protest, all Bidders affected by the GSA-Assistant Director's decision on the protest, and the protestor have the right to appeal if not satisfied with the GSA-Assistant Director's decision. All appeals to the Auditor- Controller's OCC shall be in writing and submitted within five (5) business days following the issuance of the decision by the GSA-Assistant Director, not the date received by the Bidder. An appeal received after 5:00 p.m. is considered received as of the next business day. a. The appeal shall specify the decision being appealed and all the facts and circumstances relied upon in support of the appeal. b. In reviewing protest appeals, the OCC will not re-judge the proposal(s). The appeal to the OCC shall be limited to review of the procurement process to determine if the contracting department materially erred in following the RFP or, where appropriate, County contracting policies or other laws and regulations. c. The appeal to the OCC also shall be limited to the grounds raised in the original protest and the decision by the GSA-Assistant Director. As such, a Bidder is prohibited from stating new grounds for a Bid protest in its appeal. d. The decision of the Auditor-Controller's OCC is the final step of the appeal process. A copy of the decision of the Auditor-Controller's OCC will be Page 20 of 29