(A) Prior to making the award, any responsible bidder in connection with the award of a contract may protest the award. A subcontractor of a bidder or proposer may not submit a protest. In order for a bidder's protest to be considered valid, the protest must:
(1) Be filed in writing within five calendar days after the bid opening date relating to any bid. Any protest relating to a city determination or recommendation regarding the bidder's bid must be submitted within five calendar days after the city makes the determination or recommendation;
(2) Clearly identify the specific irregularity or accusation;
(3) Clearly identify the specific city staff determination or recommendation being protested, if applicable;
(4) Specify in detail the legal grounds for protest and the facts supporting the protest; and
(5) Include all relevant, supporting documentation with the protest at time of filing.
(B) Any grounds not raised in the written protest are deemed waived by the protesting bidder. If the protest does not comply with each of these requirements, the city may reject the protest without further review. If the protest is timely and complies with the above requirements, the city shall review the protest, any response from the challenged bidder(s), and all other relevant information. The city will provide a written decision to the protestor in a reasonable amount of time.
(C) The procedure and time limits set forth are mandatory and are the sole and exclusive remedy in the event of a bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the bid protest, including filing a government code claim or legal proceeding.
(D) The protest procedure contained in this chapter shall not apply if a particular procurement solicitation contains a different protest procedure.
(Ord. 1303, passed 9-16-20)