§ 2-115. Procurement protests.

(a)

Right to protest. Any actual bidder, proposer, offeror, vendor or contractor who is aggrieved in connection with an invitation or bid, request for proposals or other competitive selection procedure may protest such procurement.

(b)

Protest deadline. The deadline for filing a protest is not later than three (3) days (excluding Saturdays, Sundays and legal holidays) after the date the applicable competitive selection procedure has been advertised by the city (for protests alleging a deficiency in the advertised competitive selection procedure) or after the date that notice of the written recommendation of award has been posted on the bulletin board in the procurement division (for protests challenging the award). It shall be the responsibility of a bidder, offeror, vendor or contractor to ascertain the advertisement date and/or bid award information from the procurement division. Protestors shall file their protests in writing with the procurement division during normal office hours of the city, but in no event later than 4:00 p.m. on any normal business day of the city, prior to the expiration of the deadline for protests. Protests shall specifically describe the subject matter and facts giving rise to the protest. Protests shall be deemed effective on the date they are received by the procurement division.

(c)

Decision. If the protest is not resolved by mutual agreement, the procurement division shall issue a decision in writing within a reasonable amount of time. The procurement division shall have the authority to settle and resolve a protest of an aggrieved bidder, offeror, vendor or contractor concerning the competitive selection procedure or award. If the procurement division is unable to resolve the protest, the procurement division in consultation with the city manager shall render a decision. The decision of the city manager shall:

(1)

State the reasons for the action taken; and

(2)

Inform the protestor of its right to appeal as provided in this section.

(d)

Notice of decision. A copy of the decision of the procurement division and city manager shall be mailed or otherwise furnished promptly to the protestor and any other party intervening. A refusal to accept a copy furnished by mail or otherwise shall not affect the validity of the decision.

(e)

Appeal to city commission. A protestor may appeal the decision of the city manager to the city commission by filing a written notice of appeal within seven (7) business days after receipt of the notice of decision of the city manager. The notice of appeal shall be filed with the city manager during normal office hours of the city manager, but in no event later than 5:00 p.m. on any normal business day of the city prior to the expiration of the deadline for the notice of appeal. The notice of appeal shall set forth with particularity the grounds for the appeal. The protest shall be heard by the city commission within a reasonable time of the filing of the notice of appeal with the city manager.

(f)

Finality of decision. A decision of the procurement division and city manager regarding a protest which is not timely appealed to the city manager, or a decision of the city manager which is not timely appealed to the city commission, or a decision of the city commission regarding a protest, shall be final and conclusive. A bidder, offeror, vendor or contractor who has not timely appealed the decision(s) regarding the protest to the city commission shall not be deemed to have exhausted his or her administrative remedies.

(g)

Stay of procurements during protests. In the event of a timely protest under this section, the procurement division shall not proceed further with the competitive selection process or award until all administrative remedies have been exhausted or until the city manager makes a written determination that the competitive selection process and/or award without delay is necessary to protect substantial interests of the city. The city commission may, upon determination that a bona fide emergency exists, waive all bid protest procedures and approve an award.

(h)

Failure to follow procedure. Failure to follow the protest procedure set forth herein shall automatically nullify any protest or claim brought by an aggrieved bidder, offeror, vendor or contractor.

(Ord. No. 2013-13, § 5, 1-15-13)