§ 39.40  AUTHORITY TO RESOLVE PROTESTED SOLICITATIONS AND AWARDS.
   (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 Chief Procurement Officer with appeal rights to the City Manager. The protest shall be submitted within 14 days after such aggrieved person knows, or should have known, of the facts giving rise thereto.
   (B)   Authority to resolve protests. The City Manager shall have the authority, prior to the commencement of an action in court concerning the controversy, to settle and resolve a protest of an aggrieved bidder, offeror, or contractor, actual or prospective, concerning the solicitation or award of a contract.
   (C)   Decision. If the protest is not resolved by mutual agreement, the City Manager shall promptly issue a decision in writing. The decision shall:
      (1)   State the reasons for the action taken; and
      (2)   Inform the protestant of its right to judicial or administrative review.
   (D)   Notice of decision. A copy of the decision under subsection (C) of this section shall be mailed or otherwise furnished immediately to the protestant and any other party intervening.
   (E)   Finality of decision. A decision under subsection (C) of this section shall be final and conclusive, unless fraudulent, or unless any person adversely affected by the decision commences an action in a court of competent jurisdiction.
   (F)   Stay of procurements during protests. In the event of a timely protest under division (A) of this section, the Chief Procurement Officer shall not proceed further with the solicitation or award of the contract, until the City Manager makes a written determination that the award of a contract without delay is necessary to protect substantial interests of the city.
   (G)   Entitlement to costs. In addition to any other relief, when a protest is sustained and the protesting bidder or offeror should have been awarded the contract under the solicitation but is not, then the protesting bidder or offeror shall be entitled to the reasonable costs incurred in connection with the solicitation, including bid preparation costs, but not including attorney's fees incurred in conjunction with the bid preparation.
('76 Code, § 3-8-9) (Ord. 903, passed 7-23-92; Am. Ord. 2008-012, passed  6-12-08; Am. Ord. 2016-008, passed 12-8-16)