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identified as such, and sealed in a separate envelope. If the information is not <br /> identified as proprietary, the County reserves the right to use any or all ideas presented <br /> in any of the replies to the RFP. Selection or rejection of the proposal does not affect <br /> this right. <br /> In evaluating proposals, any pages marked "Proprietary", "Confidential" or otherwise <br /> clearly intended not to be made public will not be considered, except those dealing <br /> with financial resources and condition or references, existing customers and the like. <br /> Thus, if all pages of a proposal are marked as not public information or a cover <br /> document indicates the entire proposal is proprietary or otherwise restricted, the <br /> proposal may be rejected. The County shall have the option of requesting that sections <br /> improperly marked as proprietary be amended or rejecting the proposal without further <br /> action. <br /> <br /> B. Method of Evaluation <br /> 1. The Council reserves the right to reject a proposal that does not meet the <br /> minimum qualifications set forth above in Section VI.A. <br /> 2. The proposals will be evaluated using the scoring values and weights for the <br /> factors shown on Table I. <br /> <br /> C. Final Selection <br /> The Evaluation Committee will evaluate the proposal and make its recommendation to <br /> the County Council. When the Council makes its decision, it is anticipated that an <br /> award letter will be transmitted promptly thereafter. <br /> Any protest regarding procurement law or procedure shall strictly follow the procedure <br /> described in chapter 126, Hawaii Administrative Rules, Department of Accounting <br /> and General Services, Subtitle 11, Procurement Policy Board. Upon notification of <br /> any award, it shall be the responsibility of any protester to review all public documents <br /> relating to this RFP and any other proposer's contract award within five days and fill <br /> all protests within that period. <br /> No court action or proceeding involving this contract shall be commenced by either <br /> party except in the Circuit or District Courts of the Third Circuit, County of Hawaii, <br /> State of Hawaii; nor shall any action commenced in such court be removed or <br /> transferred to any other state or federal court. <br /> -20- <br /> <br />