§ 37.065  PROTESTS.
   (A)   Protests may be made by an actual or prospective bidder or proposer whose direct economic interest would be affected by the award of the contract or by failure to award the contract.  Wherever the word DAYS is used in this section, it shall mean normal working days.
   (B)    Protests must be made in writing and must clearly state the basis on which the protest is made; for example, against award, against specifications, and the like.  The protestor may supply any additional data considered necessary to support its protest. Inquiry/complaint forms can be obtained int eh City Clerk’s office located in room 403 of the City Building.
   (C)    A pre-bid or solicitation protest related to the technical scope or specification, terms, conditions, or form of a solicitation must be received no later than ten (10) working days prior to the date established for opening of bids or receipt of proposals; if the protest addresses an amendment to the solicitation, it must be received no later than ten (10) working days prior to the date established for opening bids or receipt of proposals or five (5) working days after the date of issuance of the amendment, whichever is later; in no event, however, may a protest of this nature be submitted after bids or proposals are received. The protest must conform in all respects to the requirements set forth above.
   (D)   To be considered, protests must be received within the time limits established in this section unless the specifications for a particular procurement set forth a different period for filing a protest.  Pre-award protests shall be filed not later than five (5) days after the bid or proposal opening.  Protests received later than five (5) days after the bid or proposal opening will not be considered unless the lateness is due to the fault of the city.
   (E)   A post-award protest shall be filed no later than five (5) days after the award of the contract. Protests received later than five (5) days after the award of contract will not be considered unless the lateness is due to the fault of the City of Ashland.
   (F)   If the procurement uses federal funds, a notice of receipt of a protest must be given to the appropriate regional office of the Federal Transit Administration (FTA). The form of notice may be specified by the regional office. Also, when a bid protest is denied, the Federal Transit Administration expects the grantee to inform the FTA Regional Administrator or the FTA Associate Administrator for the program office depending on where the grant is being administered. A protestor must exhaust all administrative remedies with the grantee before pursuing a protest with FTA.
   (G)   After a thorough review, the City Manager will respond to the protest in writing no later than ten (10) days after receiving the protest.
(Ord. 61-2019, passed 4-25-19)