(A) This section establishes non-exclusive remedies for a solicitation or award of a contract determined to be in violation of the law.
(B) A bidder, offeror or contractor aggrieved in connection with the solicitation or award of a bid or contract, or any resident taxpayer, may protest to the city. The protest must be submitted to the city in writing no later than 14 days after award of a bid or execution of the contract, whichever is sooner. The protesting party may request a hearing before the City Council.
(C) The City Council will issue a written decision stating the reason for the action taken by the city with regard to the bid or contract.
(D) In a protest or hearing the city may, in an appropriate case, order a remedy provided in divisions (E) or (F) below.
(E) If before an award it is determined that a solicitation or proposed award of a contract is in violation of law, the solicitation or proposed award may be:
(1) Canceled; or
(2) Revised to comply with the law.
(F) (1) If after an award it is determined that a solicitation or award of a contract is in violation of law and the person awarded the contract has not acted fraudulently or in bad faith, the contract may be:
(a) Ratified and affirmed, provided it is determined that doing so is in the best interests of the city; or
(b) Terminated, in the discretion of the City Council, and the person awarded the contract may be compensated for services or products actually supplied to the city before the termination.
(2) If after an award it is determined that a solicitation or award of a contract is in violation of law and the person awarded the contract has acted fraudulently or in bad faith, the contract may be:
(a) Declared void; or
(b) Ratified and affirmed if that action is in the best interests of the city, without prejudice to the city’s rights to appropriate damages.
(G) The city is not required to delay, halt or modify the procurement process pending the result of a protest, hearing or court action.
(Ord. 173, passed 9-10-2001)