(A) Protests can only be made for "formal" purchases. Any person or firm who has submitted a bid or proposal may protest a "formal" purchase solicitation issued by the city prior to award. Protests cannot be made by a third party. The bidder may file a protest for:
(1) The rejection of a request for changes in the formal solicitation;
(2) Scope of work;
(3) Suspension and/or debarment from the procurement process; or
(4) The apparent lowest and best bid.
(B) The protest shall include, at a minimum:
(1) The protestor's name, street address, phone number, fax number (if any) or e-mail address (if any), signature of the protestor or its representative, and a copy of the formal solicitation document or contract; and
(2) A detailed statement of legal and factual grounds of the protest including relevant documents.
(C) The written protest must be filed with the City Clerk and include items in division (A)(2). The Finance Director shall have 15 business days to respond.
(D) The protestor may file an appeal within 15 business days of the date of the Finance Director's response. The City Manager shall have the final authority to resolve protests. The City Manager shall issue written decision within 15 business days after an appeal has been filed. The decision shall contain an explanation regarding the basis of the decision.
(E) The City Manager has the sole authority to debar or suspend a vendor, contractor, and/or professional service provider from participating in city procurement for a period up to three years, based upon the following factors:
(1) Insufficient financial ability, equipment, or personnel to perform the contract;
(2) Breach of contractual obligations to city, public and/or private agencies;
(3) Failure to comply with the requests of an investigation;
(4) Conviction for committing a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of the contract or subcontract;
(5) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification, or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as an Arizona contractor;
(6) Conviction under state and federal antitrust statutes arising out of the submission of bids or proposals;
(7) Violation of contract provisions determined by the City Manager to be so serious as to justify debarment action, including but not limited to the following:
(a) Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or
(b) A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall be considered to be a basis for debarment.
(8) Any other cause the City Manager determines to be so serious and compelling as to affect responsibility as an Arizona contractor, by another governmental entity for any cause listed in regulations, or outstanding contract disputes or claims or current litigation with the city.
(F) The City Manager shall issue written statement which shall state the reason for debarment or suspension and rights to appeal.
(Ord. O16-06-06, passed 6-21-2016; Res. R16-06-17, passed 6-21-2016)