A. Protests To The City:
1. Any protest shall be in writing, submitted to the city's purchasing agent (CPA) at the address designated in the bid or proposal documents. Any protest not set forth in writing within the time limits specified in these procedures is null and void and shall not be considered.
2. All protest shall include:
a. The name and address of the bidder or proposer;
b. The solicitation or project number; and
c. A detailed statement as to the nature of the protest and the grounds on which the protest is made.
3. All costs of a protest related to quality or testing shall be the responsibility of the protestor and undertaken at the protestor's expense.
B. Protests Prior To Bid Opening:
1. Prior to bid opening, all protests, including protests based upon alleged restrictive specifications or alleged improprieties in any type of solicitation, shall be filed with the CPA or designee, not less than seven (7) calendar days prior to the date of the bid opening.
The CPA, or designee, will promptly make a determination in writing regarding the validity of the protest and whether or not the bidding process should be delayed beyond the scheduled date of bid opening. If the CPA determines that the scheduled date of bid opening be delayed, all respondents to the solicitation who have furnished their name and address to the authority shall be notified by written addenda of the delay and the reason thereof. If the protest is determined to be valid, the CPA, or designee, will respond in writing to each material issue or issues raised in the protest in a timely manner prior to proceeding further with the solicitation.
2. When a protest has been timely filed with the city through the CPA prior to award, the city will:
a. Not make an award except in the case of an emergency until after the resolution of the protest, or
b. During the pendency of that protest, the city shall not make an award prior to seven (7) calendar days unless the CPA, or designee, determines in writing that:
(1) The items to be procured are urgently required or that an emergency exists;
(2) Deliver or performance will be unduly delayed by failure to make an award promptly; or
(3) Failure to make a prompt award will otherwise cause undue harm to the authority.
C. Right Of Appeal:
1. In the event that a protestor receives an unfavorable decision from the CPA to its protest, the protestor shall have the right to appeal the decision of the CPA by submitting a written appeal to the city's mayor, or mayor's designee, within five (5) calendar days after receipt of the decision of the CPA. The mayor or mayor's designee, will appoint a protest committee of at least three (3) members to review the protest and the decision of the CPA. The protest committee will notify the protestor in writing in a prompt manner of its decision regarding the protest and the appeal. The city will not make an award prior to seven (7) calendar days after the decision of the committee, unless the conditions, supra, are determined in writing to exist.
2. If the matter is not resolved after the appeal, the protestor may continue the protest only by appeal to judicial authority.
D. Protest Regarding Award Of Contract:
1. If an award of contract is being protested, a protestor shall protest in writing to the CPA, or designee, as soon as practical, but not later than five (5) calendar days after the aggrieved person knew or should have known of the facts and circumstances upon which the protest is based. If the protest has been timely filed, the CPA, or designee, will promptly make a determination in writing regarding the validity of the protest and whether or not the procurement should be delayed.
2. If the procurement is delayed, all respondents to the solicitation who have given their name and address to the city will be notified of the delay. The CPA, or designee, will respond in writing to each material issue raised in the protest in a timely manner prior to proceeding further with the procurement. The city shall not proceed with the procurement prior to seven (7) calendar days after the decision is rendered by the CPA, or designee, unless the protestor waives in writing its right to appeal to the mayor, or mayor's designee, or in the event of an emergency.
3. Should a protestor wish to appeal the decision of the CPA concerning any award of contract, a protestor shall follow the procedures as outlined above. Failure to follow proper protest procedures shall cause the protest to be rejected. (Eff. 3-14-2007)