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Cal OES - Notification of Award Denial - 2021-02-04GAVIN NEWSOM GOVERNOR February 4, 2021 Scott Carroll General Manager Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, CA 92626-3314 Cal OES GOVERNOR'S OFFICE OF ENERSENCY SERVICES RECElviEtj FEB 10 2021 MARK S. GHILARDUCCI Caste r'lesa Sanitary Ustdct SUBJECT: NOTIFICATION OF AWARD DENIAL Fiscal Year (FY) 2020 Community Power Resiliency Allocation to Special Districts Dear Mr. Carroll: DIRECTOR The California Governor's Office of Emergency Services (Cal OES) received your agency's proposal for the FY 2020 Community Power Resiliency Allocation Program Request for Proposal (RFP). Through the competitive RFP process, we received 233 proposals. Unfortunately, your proposal was not selected for funding. Your proposal score was 104.00 out of a possible 156 points. Please find enclosed a copy of the appeal guidelines and your agency's scores. You have 15 calendar days from the date of this letter to appeal. All appeals must adhere to the procedures detailed in the appeal guidelines. Formal letters of appeal should be directed to: Cal OES Office of Legal Affairs 3650 Schriever Avenue Mather, California 95655 appeals@caloes.ca.gov We encourage your agency to check the Cal OES website for future funding opportunities. Thank you for your interest in this RFP. Sincerely, GINA BUCCIERI-HARRINGTON Assistant Director Enclosure 3650 SCHRIEVER AVENUE, MATHER, CA 95655 ( 916) 845-8513 TELEPHONE o z 0 u W)ui (00) 4) 4).?: (i •0 Cd CL u (p C14 ui u LU C) C4 CL cn 0 z 04 0 u E 0 C)C,4 C4 0 < t a: u C14 Z LU cm LU oae U 0 ui 0 CL z z ui 0 U LU u ce cc 00 CL CL W) CalOES SOVERHOR'S OFFICE OF ENE Rif EN CY RER91ClE3 Appeal Guidelines for Competitive Funding Decisions For State and Federal Grant Money Effective for appeals received on or after September 1, 2011. PURPOSE The purpose of these Guidelines is to provide a process for resolution of disputes between a Grant Applicant and The California Governor's Office of Emergency Services (Cal OES) concerning a competitive funding decision. These Guidelines supersede the appeals procedure formerly administered by the California Council on Criminal Justice. GROUNDS FOR APPEAL Any Applicant who is denied state or federal funding by Cal OES may appeal Cal OES's decision in this regard. There is no particular format required for an appeal, but the documents supporting the appeal must clearly establish that the appealing party (hereafter Appellant) has standing to appeal and sufficient grounds to proceed with an appeal. Standing: An Appellant must have standing to appeal; i.e., the appeal must demonstrate that the Appellant is directly affected by the funding decision. Only those who have submitted a proposal have standing to appeal Cal OES's decision to deny state or federal funding for that particular proposal. Grounds: The appeal documents shall identify grounds for appeal. The appeal must show that (a) Cal OES did not follow its criteria or priorities (as specified in the applicable Request for Proposal (RFP) with respect to evaluating the Appellant's proposal; AND (b) this failure constitutes a sufficiently substantial error justifying a change in the funding decision. An appeal will be rejected if it fails to show that both of these criteria are met. Only the information provided by the Appellant in the original RFP will be considered as part of the appeal process. The Appellant cannot provide new or different information to support their original RFP. Appeal Guidelines Page 2 of 3 Last Updated March 10, 2016 Appeal Address: A hard copy of all documents referred to in this procedure shall be emailed, mailed, faxed, or hand -delivered to: Cal OES Office of Legal Affairs California Governor's Office of Emergency Services 3650 Schriever Avenue Mather, CA 95655 appeals@caloes.ca.gov APPEAL PROCESS AND TIMELINES In case of a dispute regarding compliance with timelines, the date the document was postmarked or date stamped by Cal OES (in the case of a fax or hand -delivery) shall govern. Failure of the appealing party to comply with timelines shall constitute grounds for rejection of the appeal. Level One Appeal to Cal OES Assistant Director Step 1 Standing: Within fifteen (15) calendar days of the date of the letter from Cal OES denying funding, the Appellant shall file an appeal in writing, together with any supporting documents or information necessary to determine standing for the appeal and grounds on which to base the appeal. (See Above). If the Cal OES Chief Counsel does not establish standing for an appeal, the appeal and decision will be returned. Step 2 Review: If it is determined that there is standing for the appeal to advance, the Cal OES Assistant Director of Finance and Administration, or his or her designee, will review the issues in the documentation submitted by the Appellant to determine if there are sufficient grounds to overturn the original grant decision. It is critical that the Appellant submit all documentation that may support their appeal. Appellant cannot however amend or supplement their original proposal as part of the appeal process. The Assistant Director shall make a written determination on the appeal within ten (10) calendar days, or as soon as practical, after receipt of the Level One appeal. This decision shall indicate the decision reached and the reasons therefore. Appeal Guidelines Page 3 of 3 Last Updated March 10, 2016 Level Two Appeal to Cal OES Chief Deputy Director A second level appeal may only be submitted if there are new facts or documentation that was not available at the time of the first level appeal. Cal OES will not reconsider previously submitted materials. Within five (5) calendar days of receiving the Level One appeal decision, the Appellant may file a Level Two appeal in writing with the Cal OES Chief Deputy Director, or his/her designee (same address as above), together with any supporting documents or information, including a copy of the Level One decision. The appeal must state the issues in the dispute, and the relevance of the documentation not submitted under the first level appeal. The Chief Deputy Director shall issue a written decision on the appeal that includes the Chief Deputy Director's ruling and the basis for his/her ruling. The Chief Deputy Director's decision shall be deemed a final judgment and is non -appealable. Cal OES reserves the right to request a telephone meeting or personal meeting with any Appellant. However, there is no requirement under this appeal process for a hearing or meeting with the Appellant and Cal OES. Third -Party Rights No rights or remedies will accrue to third parties as a result of this appeals process, or the actions or consequences stemming from this process.