A. Procurement Protests:
1. Any actual or prospective bidder or offeror who is aggrieved in connection with the solicitation or award of a contract for procurement may protest the procurement by filing a written protest with the chief financial officer. The protest shall contain the following information:
a. The protesting party’s name, mailing address and daytime telephone number, the signature of the protesting party or the attorney for the protesting party, and the date the protest is signed; and
b. The relief sought, a statement of facts and a recitation of the reasons and legal authority in support of the protest sufficient to permit review.
2. Any protests concerning a competitive sealed bid shall be submitted prior to the closing date for receiving bids or proposals unless the protestor did not know and could not reasonably have known of the facts giving rise to the protest prior to such time, but in any event, all such protests shall be submitted within five (5) business days after the closing date for receiving bids or proposals.
3. Any protest concerning a request for proposals shall be submitted within five (5) business days after the city has issued its notice to award a contract.
4. The city may proceed with the procurement except that the chief financial officer, or designee, may suspend the procurement process for so long as he or she determines is appropriate.
5. The chief financial officer may designate another individual to assist in reviewing the matter, which assistance may include finding facts, analyzing the protest, and making recommendations to the chief financial officer.
6. The chief financial officer, or designee, the chief financial officer’s designated representative may request additional information from the protesting party or from other persons to make a determination. The protesting party shall provide all information requested by the chief financial officer, or designee, reasonably needed to decide the protest except information which is protected from disclosure by law, or which could reasonably be expected to result in unfair competitive injury to the protestor in spite of the protections for the protestor provided by law, including the Utah government records access and management act, Utah Code Annotated section 63G-2-202 et seq.
7. The chief financial officer, or designee, shall review and decide protests, and shall issue a written determination to the protesting party within fifteen (15) business days of receipt of the protest.
8. The protesting party may appeal the written decision of the chief financial officer, or designee, by filing a written appeal with the city manager within five (5) business days of the chief financial officer’s written determination. The notice of appeal shall contain the following information:
a. The petitioner’s name, mailing address and daytime telephone number, the signature of the petitioner or of the attorney for the petitioner, and date; and
b. The relief sought, a statement of facts and a recitation of the reasons and legal authority in support of the protest sufficient to permit review.
9. The city manager shall review and hear the appeal. No later than five (5) business days after receiving a notice of appeal, the city manager shall schedule a hearing on the appeal. Unless otherwise agreed to by the city and the petitioner, the hearing shall be held no sooner than five (5) business days and not later than thirty (30) business days from the date of the filing of the appeal.
10. At the hearing before the city manager, the appellant and the city’s representative shall be allowed to testify, present evidence, and comment on the issues. The city manager may allow other interested persons to testify, comment or provide evidence on the issues.
11. No later than fifteen (15) business days after the hearing, the city manager shall issue a signed order either granting the petition in whole or in part, or upholding the determination of the chief financial officer, or designee, in whole or in part. The order of the city manager shall include:
a. The decision, and any reasons for the decision the city manager may wish to provide; and
b. A statement that any party to the appeal may appeal the decision to the state district court.
12. If the city manager fails to issue a decision within fifteen (15) business days after the hearing, said failure shall be considered the equivalent of an order denying the appeal.
13. The city manager may appoint a person other than the chief financial officer to fulfill his or her respective responsibilities described in this section.
B. Agreement Claims:
1. Decision of the Chief Financial Officer: All claims by a contractor against the city relating to an agreement, except bid or proposal protests, shall be submitted in writing to the chief financial officer, or designee, for a decision. The contractor may request a conference with the chief financial officer, or designee, on the claim. Claims include, without limitation, disputes arising under an agreement, and those based upon breach of agreement, mistake, misrepresentation, or other cause for agreement modification or decision.
2. Notice to the Contractor of the Chief Financial Officer’s Decision: The decision of the chief financial officer, or designee, shall be promptly issued in writing, and shall be immediately mailed or otherwise furnished to the contractor. The decision shall state the reasons for the decision reached and shall inform the contractor of its appeal rights under subsection B3 of this section.
3. Finality of the Chief Financial Officer’s Decision; Contractor’s Right to Appeal: The chief financial officer’s decision shall be final and conclusive unless, within fourteen (14) calendar days from the date of receipt of the decision, the contractor mails or otherwise delivers a written appeal to the city manager, or commences an action pursuant to the Utah Governmental Immunity Act, Utah Code Annotated section 63G-7-101 et seq.
4. Failure to Render Timely Decision: If the chief financial officer, or designee, does not issue a written decision regarding any agreement controversy within thirty (30) days after written request for a final decision, or within such longer period as may be agreed upon between the parties, then the aggrieved party may proceed as if an adverse decision had been received.
C. Authority of the Chief Financial Officer to Settle Bid Protests and Agreement Claims: The chief financial officer, or designee, after consulting with the city attorney, is authorized to settle any protest regarding the solicitation or award of a city agreement, or any claim arising out of the performance of a city agreement, prior to an appeal to the city manager, or the commencement of an action in a court of competent jurisdiction.
D. Remedies for Solicitations or Awards in Violation of Law:
1. Prior to Bid Opening or Closing Date for Receipt of Proposals: If prior to the bid opening or the closing date for receipt of proposals, the chief financial officer, or designee, after consultation with the city attorney, determines that a solicitation may be in violation of federal, state, or local law, then the solicitation or proposed award shall be canceled or revised to comply with applicable law.
2. Prior to Award: If after a bid opening or the closing date for receipt of proposals, the chief financial officer, or designee, after consultation with the city attorney, determines that a solicitation or a proposed award of an agreement may be in violation of federal, state, or local law, then the solicitation or proposed award shall be canceled.
3. After Award: If, after an award, the chief financial officer, or designee, after consultation with the city attorney, determines that a solicitation or award of an agreement that may have been in violation of applicable law, then:
a. If the person awarded the agreement has not acted fraudulently or in bad faith, the agreement may be ratified and affirmed, provided it is determined that doing so is in the best interests of the city; or
b. If the person awarded the agreement has acted fraudulently or in bad faith the agreement may be declared null and void or voidable, if such action is in the best interests of the city. (Ord. 2022-20, 6-28-2022)