A. 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 Purchasing Agent or designee. The protest shall contain the following information:
1. 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
2. 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.
B. 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.
C. 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.
D. The City may proceed with the procurement except that the Purchasing Agent, or designee, may suspend the procurement process for so long as they determine it is appropriate.
E. The Purchasing Agent, or designee, may designate another individual to assist in reviewing the matter, which assistance may include finding facts, analyzing the protest, and making recommendations to the Purchasing Agent, or designee.
F. The Purchasing Agent, or designee, or the Purchasing Agent'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 Purchasing Agent, or designee, or the Purchasing Agent's designated representative, 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.
G. The Purchasing Agent, or designee, or Purchasing Agent's designated representative 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.
H. The protesting party may appeal the written decision of the Purchasing Agent, or designee, or Purchasing Agent's designated representative by filing a written appeal with the Mayor within five (5) business days of the written determination. The notice of appeal shall contain the following information:
1. 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
2. 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.
I. The Mayor shall review and hear the appeal. No later than five (5) business days after receiving a notice of appeal, the Mayor shall schedule a hearing on the appeal. Unless otherwise agreed to by the City and the protesting party, 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.
J. At the hearing before the Mayor, the protesting party and the City's representative shall be allowed to testify, present evidence, and comment on the issues. The Mayor may allow other interested persons to testify, comment or provide evidence on the issues.
K. No later than fifteen (15) business days after the hearing, the Mayor shall issue a signed order either granting the appeal in whole or in part, or upholding the determination of the Purchasing Agent, or designee, or Purchasing Agent's designated representative, in whole or in part. The order of the Mayor shall include:
1. The decision, and any reasons for the decision the Mayor may wish to provide; and
2. A statement that any party to the appeal may appeal the decision to the State District Court.
L. If the Mayor 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.
M. The Mayor may appoint a person other than the Purchasing Agent, including another City employee or a hearing officer, to fulfill the respective responsibilities described in this section. (Ord. 17-14)