(A) Right to hearing. Any person who has been debarred from competing for city contracts or for whom pre-qualification has been denied, revoked or revised may appeal to the City Council as provided in this section.
(B) Filing of appeal. The person must file a written notice of appeal with the City Administrator within three business days after the prospective contractor’s receipt of notice of the determination or debarment or denial of pre-qualification.
(C) Protests. Any protest provided by this chapter or the state’s Public Contracting Code shall be filed with the City Administrator and shall be heard and determined as provided herein.
(D) Notification of City Council. Immediately upon receipt of such notice of appeal or protest, the City Administrator shall notify the City Council of the appeal or protest.
(E) Hearing. The procedure for appeal from a debarment or denial of a pre-qualification, and the procedure for hearing and deciding a protest, shall be as follows:
(1) Promptly upon receipt of a notice of appeal or upon receipt of a protest, the city shall notify the appellant or protestor, and other interested parties, of the time and place of hearing;
(2) The City Council shall conduct the hearing and decide the appeal or protest within 30 days after receiving notice of the appeal or protest from the City Administrator; and
(3) At the hearing, the City Council shall consider de novo the protest, the debarment or denial, revocation or revision of pre-qualification, the standards of responsibility upon which the decision was based or the issue which is the subject matter of the protest.
(F) Decision. The City Council shall set forth in writing the reason for its decision.
(G) Judicial review. The decision of the City Council may be reviewed only as permitted by the state’s Public Contracting Code and upon a petition in the Circuit Court of the county filed within 15 days after the date of the City Council’s decision.
(Ord. 2010-01, passed 7-1-2010)