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IMcGUIREVOODS January 31, 2020 (ia Electronic Mail and Hand Delivery Mr. Wayne Witcher, CPPO‘CPPB Director of Contracts and Procurement Services Charleston County Schoo! District 3999 Bridgeview Drive North Charleston, South Caroline 29405 Re: Request for Administrative Review by the Procurement Review Panel for Solicitation B2002 Student Transportation Services for Charleston County School District Mr. Wilcher and the Procurement Review Panel: Durham Schoo! Services (“Durham”) submits ths timely request for administrative review by the Procurement Review Panel of the Charleston County Schoo! District pursuant to Section 42106 of the Charleston County School District Consolidated Procurement Code ("the Procurement Code”), Durham submitted a timely protest of the contract award by the procurement officer for Solication B2002 Student Transportation Services for Charleston County School District ("the RFP"). The Director of Contracts and Procurement Services (“the Director") denied that protest on January 23, 2020. Durham now seeks review and a hearing by the District Procurement Review Panel as allowed by Section 4210.6. Quite simply, the contract award is illegal because the procurement officer ignored the terms set forth inthe REP to make the awaed, Ignoring the controlling terms ofthe RFP is an error of law under the Procurement Code. Proper application ofthe terms ofthe RFP and Procurement Code would have led to one result—award of the contract to Durham, ‘The illegal decision to award the contract will divert over $4.5 million dollars of limited District resources from the classroom. Durham's proposal saves the District that money and would allow the District to invest those savings where itis needed most—belping our teachers educate ‘our children while allowing Durham to continue to provide first-rate transportation services to the District, Page 2 Automatic Stay of Procurement Award during Appellate Review Section 4210.7 of the Procurement Code provides that the "District shall not proceed further wth te solicitation or award of the contract until ten (10) days after « decision is posted by the Chief Procurement Officer, of in the event of timely appeal to the District Procurement Review Panel, until a decision is rendered by the Panel.” Accordingly, the contract award is stayed pending fnal resolution of this appeal ‘The Procurement Code also states thatthe “award ofa protested contract is not stayed if the Chief Procurement Officer, after consultation with the Superintendent, makes waitten

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