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<br />17. By written agreement amongst the protesting party, the County, and <br />all then-existing intervenors, any provision of this section pertaining to the <br />procedures for resolving a protest for which a petition has been timely filed <br />may be modified or waived so long as such modification or waiver shall not <br />hinder or thwart the proper and expeditious resolution of the protest, or <br />otherwise operate to undermine the salutary purposes of competitive, public <br />bidding. <br /> <br />18. Only to the extent necessary to avoid a miscarriage of justice or to <br />prevent a manifest violation of a hearing participant's procedural or <br />substantive due process rights, a hearing officer may modify or suspend the <br />applicability of any of the provisions or requirements of this section in the <br />course of conducting a protest proceeding hereunder; provided, a hearing <br />officer may not modify or suspend any of the provisions or requirements of <br />subsections 3, 4, 6, 7, 8, 16,20,21 and 22 hereof. <br /> <br />19. Except and to the extent specifically provided in this section, and <br />except and to the extent otherwise specified provided by written agreement <br />amongst the protesting party, the County, and all then-existing intervenors, <br />no provisions of Rule Chapter 28-106, Florida Administrative Code, shall be <br />deemed applicable to the resolution of protests under this section. <br /> <br />20. For purposes of this section, the filing with the County Manager of a <br />written notice of protest or of a written petition initiating a formal protest <br />proceeding shall be deemed accomplished only when the original written <br />notice or original written petition has been physically received by the <br />County Manager or his or her designee. A notice or petition shall be deemed <br />original only if it bears the original signature of the protesting party or such <br />party's authorized agent. No notice or petition may be filed by facsimile <br />transmission or bye-mail, and any notice or petition received in such <br />manner shall be deemed unfiled and ineffective. The use of an overnight <br />delivery service or of the United States Postal Service to file a notice or <br />petition shall be entirely at the risk of the person submitting the same, and <br />any such notice or petition so received after the applicable deadline shall be <br />deemed untimely. <br /> <br />21. For purposes of this section, a business day shall mean any 24-hour <br />day that is not a Saturday, a Sunday, or a holiday observed by the County. <br /> <br />33 <br /> <br />r <br /> <br />........ <br />\ <br />