(A) After a notice of intent to award a contract is posted, any actual or prospective bidder or proposer who is aggrieved in connection with the pending award of the contract or any element of the process leading to the award of the contract may protest to the CPO. A protest must be filed within five business days after posting or any right to protest is forfeited, and any actual or prospective bidder or proposer shall have no further right to seek an award for the competitive solicitation. The protest must be in writing, must identify the name and address of the protester, and must include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest, including the deposit described in division (F) below, is received by the procurement office.
(B) Upon receipt of a protest of the pending award of a contract, a copy of the protest shall promptly be forwarded to the CPO and City Attorney. The City Attorney shall promptly review the protest to determine its legal sufficiency, including whether the protest was timely filed. If upon review the City Attorney determines that the protest is legally insufficient, the City Attorney shall promptly issue a summary dismissal of the protest. If upon review the City Attorney determines that the protest is legally sufficient, a hearing of the protest committee shall be scheduled without unnecessary delay.
(C) A protest committee shall have the authority to review, settle and resolve the protest. The committee shall consist of three members appointed by the City Manager. At least one committee member shall be a representative of the using agency. The committee's review shall be informal. At the time the City Manager appoints the committee, he or she shall designate one member to serve as the chairperson of the committee. The City Attorney or designee shall be counsel to the committee.
(D) If the protest committee determines that the pending award of a contract or any element of the process leading to the award involved a material violation of law or applicable rule or regulation, all steps necessary and proper to correct the violation shall be taken. If the committee determines that the protest is without merit, the CPO shall issue a decision in writing within ten business days stating the reason for the decision and shall furnish a copy to the protester and any other interested party, and the process leading to the award shall proceed forthwith.
(E) In the event of a timely protest, the City Manager shall stay the award of the contract unless after consulting with the City Attorney and the using agency, the City Manager determines that the award of the contract without delay is necessary to protect substantial interests of the City.
(F) The CPO shall require a deposit from a protester to compensate the City for the expenses of administering the protest. If the protest is decided in the protester's favor, the entire deposit shall be returned to the protester. If the protest is not decided in the protester's favor, the deposit shall be forfeited to the City. The deposit shall be in the form of cash or a cashier's check and shall be in the amount of 1% of the amount of the pending award, or $3,500, whichever is greater.
(Ord. O-95-19, passed 4-4-95; Am. Ord. O-96-32, passed 9-18-96; Am. Ord. O-97-43, passed 11-5-97; Am. Ord. O-2005-20, passed 10-11-05; Am. Ord. O-2009-11, passed 5-6- 09; Am. Ord. O-2011-08, passed 3- 16-11; Am. Ord. O-2012-10, passed 5-2-12; repealed and replaced by Ord. O-2020-07, passed 7-1-20)