(A) Any aggrieved person may protest any aspect of any bid solicitation by filing the protest at the City Clerk’s office within 5 city working days after bid opening, and shall include the following: name and address of protestor, bid description, grounds for protest, including all evidence, exhibits or documents substantiating the protest.
(1) Within 2 city working days after receipt of the protest, the City Clerk shall forward it to the City Manager.
(2) Within 2 city working days, the City Manager or his or her designee shall notify the protestor or other interested parties of the time and place set for hearing on the protest.
(3) Interested parties may also file position statements and may participate in the hearing.
(4) The City Manager or his or her designee shall conduct the hearing within 5 city working days after sending the notice of the hearing to the protestor and/or interested parties, absent any stipulated continuances.
(5) Within 5 city working days after the hearing has been completed, the City Manager or his or her designee shall issue a written opinion and send it to the protestor and all interested parties. The decision shall be final.
(6) In determining an appropriate remedy, the City Manager or his or her designee shall consider the circumstances surrounding the procurement or proposed procurement, including but not limited to, the seriousness of the procurement deficiency, the degree of prejudice to other interested parties or to the integrity of the procurement system, the good faith of the parties, the extent of performance, costs to the city, the urgency of the procurement and the impact of the relief upon the city.
(7) An appropriate remedy may include one or more of the following:
(a) Reissue the solicitation.
(b) Issue a new solicitation.
(c) Such other relief as is determined necessary to ensure compliance with this procurement code, procurement guidelines and procedures.
(B) A judicial appeal may be pursued pursuant to applicable law.
(C) No protest shall be accepted after award of bid by Council.
(Ord. 1462, passed 9-18-2018)