(A) Generally. Any actual bidder who is aggrieved in connection with the intended award or award of a contract shall protest to the City Manager or to the City Clerk in the manner stated below within ten calendar days of the date of notification of award posted in accordance with this subchapter. The term "actual bidder" includes any bidder or offeror who submitted a bid which was not received by the city on time, or delivered by an approved method, or not considered by the city for any reason when bids were opened and evaluated.
(B) Protest procedure. A protest shall be in writing, submitted to the City Manager or to the City Clerk and received in hand by either of them no later than 5:00 p.m. of the tenth calendar day after posting of the notification of award and the protest shall set forth the specific grounds for the protest and the relief requested. Any grounds for the protest or type of relief requested, which is not specifically set forth in the written protest, is deemed to be abandoned.
(C) Authority to resolve protest. The City Manager or the Assistant City Manager if so designated by the City Manager, in coordination with and under the advisement of the City Attorney or outside counsel shall have authority, to resolve a protest by an actual aggrieved bidder concerning the award of a contract. The timely filing of a written protest is an administrative step that must be complied with before any aggrieved "actual bidder" may file suit against the city or any department, constitute agency or employee, of the city seeking judicial relief from a court of competent jurisdiction. Exclusive venue and jurisdiction in any such suit shall lie in Kershaw County, South Carolina.
(D) Decision. If the protest is not resolved by mutual agreement, the City Manager or the Assistant City Manager if so designated, in coordination with the City Attorney or outside counsel, and after investigation as is deemed necessary by the City Manager or Assistant City Manager, shall issue a decision in writing within 15 calendar days after receipt of the protest. The decision shall state the reasons for the action taken.
(E) Notice of decision. A copy of the decision shall be posted on a public bulletin board at City Hall and mailed or otherwise furnished promptly to the aggrieved bidder, the successful bidder, and any other involved party. If the city maintains a website, a copy of the decision may also be posted on the web site. If requested by the protesting bidder, delivery of the decision may be made by fax or email, without the necessity of mailing the decision by U.S. mail. A courtesy copy may be sent to the attorney of the aggrieved bidder, if requested by the bidder.
(F) Failure to render timely decision. If the City Manager or the Assistant City Manager, if so designated, does not issue the written decision within 15 calendar days after the filing of the protest, or within such longer period of time as may be agreed upon by the parties, then the protest shall be deemed to have been denied, and the aggrieved bidder must proceed as if an adverse decision has been received by it on the last day allowed for a response.
(Ord. 12-028, passed 1-22-13)