A. Applicability. This section applies to protests of awards of contracts, determinations of debarment, and ranking on a short list for qualifications-based selection. Protests against a determination of debarment shall follow the procedures in § 3.10.020.7 prior to filing a protest pursuant to this section.
B. Protest by offeror. Only offerors in the solicitation may file protests pursuant to this section.
C. Delivery. Written protests shall be filed with the Administrative Services Director within 7 days of the date of a (i) notice of intent to award a contract, (ii) notice of apparent low bidder, (iii) notice of short list and rankings, as applicable, or (iv) notice of final decision of debarment pursuant to § 3.10.020.7.
D. Content of protest. The protest shall include (i) the name, address and telephone number of the protester, (ii) a detailed statement of the legal and factual grounds for the protest, including copies of relevant documents, (iii) a description of the resulting harm to the protester, (iv) the relief requested, and (v) the signature of the authorized representative of the protester.
E. Response to protest. The Administrative Services Director shall review the protest and issue a written disposition of the protest within 7 business days of filing, provided however, that if the Administrative Services Director determines more time is required to prepare a response, the Administrative Services Director will notify the protester of the date when a response will be given.
1. If the Administrative Services Director upholds the protest, in whole or in part, the Administrative Services Director may, at the Administrative Services Director’s sole discretion, either issue an intent to award to the successful protestor or cancel the solicitation.
2. If the Administrative Services Director denies the protest, in whole or in part, the Administrative Services Director may, at the Administrative Services Director’s sole discretion, award the contract to the original offeror or cancel the solicitation.
3. If the contract award exceeds the threshold for City Manager award of the contract, the protest shall be forwarded to City Council for consideration.
(Ord. 20-1232, passed 5-12-2020)