(A) Right to protest. Any actual or prospective bidder, offeror or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Board of Public Works and Safety. Protesters are urged to seek resolution of their complaints initially with the Controller. A protest with respect to an invitation for bids or request for proposals shall be submitted in writing prior to the opening of bids or the closing date of proposals, unless the aggrieved person did not know and should not have known of the facts giving rise to such protest prior to bid opening or the closing date for proposals. The protest shall be submitted within seven calendar days after such aggrieved person knows or should have known of the facts giving rise thereto.
(B) Stay of procurements during protests. In the event of a timely protest hereunder, the Department of Finance shall not proceed further with the solicitation or award of the contract until all administrative and judicial remedies have been exhausted or until the Board of Public Works and Safety makes a determination on the record that the award of a contract without delay is necessary to protect substantial interests of the city.
(C) Decision of the Controller. All claims by a contractor against the city relating to a contract, except bid protests, shall be submitted in writing to the Controller for a decision. The contractor may request a conference with the Controller on the claim. Claims include, without limitation, disputes arising under a contract, and those based upon breach of contract, mistake, misrepresentation or other cause for contract modification or revision.
(D) Notice to the contractor of the Controller’s decision. The decision of the Controller shall be promptly issued in writing, and mailed or otherwise furnished to the contractor. The decision shall state the reasons for the decision reached, and shall inform the contractor of his or her appeal rights hereunder.
(E) Finality of Controller’s decision and contractor’s right to appeal. The Controller’s decision shall be final and conclusive unless, within seven calendar days from the date of receipt of the decision, the contractor mails or otherwise delivers a written appeal to the Board of Public Works and Safety or commences an action in a court of competent jurisdiction.
(F) Failure to render timely decision. If the Controller does not issue a written decision regarding any contract controversy within 21 days after written request for a final decision, or within such longer period as may be agreed upon between parties, then the aggrieved party may proceed as if an adverse decision had been received.
(G) Authority of the Controller to settle bid protests and contract claims. The Controller is authorized to settle any protest regarding the solicitation or award of a city contract, or any claim arising out of the performance of a city contract, prior to an appeal to the Board of Public Works and Safety or the commencement of an action in a court of competent jurisdiction.
(H) Solicitation may be cancelled or revised. If, prior to the bid opening or the closing date for receipt of proposals, the Controller, after consultation with the City Attorney, determines that a solicitation is in violation of federal, state or municipal law, then the solicitation shall be cancelled or revised to comply with applicable law.
(I) Solicitation in violation. If, after bid opening or the closing date for receipt of proposals, the Controller, after consultation with the City Attorney, determines that a solicitation or a proposed award of a contract is in violation of federal, state or municipal law, then the solicitation or proposed award shall be cancelled.
(J) Ratification and confirmation. If, after an award, the Controller, after consultation with the City Attorney, determines that a solicitation of award of a contract was in violation of applicable law, then if the person awarded the contract has not acted fraudulently or in bad faith, the contract may be ratified and affirmed, provided it is determined that doing so is in the best interests of the city, or the contract may be terminated and the person awarded the contract shall be compensated for the actual costs reasonably incurred under the contract prior to the termination or if the person awarded the contract has acted fraudulently or in bad faith the contract may be declared null and void or voidable if such action is in the best interests of the city.
(Prior Code, § 41.23)