A. Right to Protest. Prior to making the award, any responsible bidder or proposer in connection with the award of a contract may protest the award. A subcontractor of a bidder or proposer may not submit a protest. Protests shall be limited to matters in which the city does not have discretion to act, or acts outside of its discretion. This section shall apply to all contracts awarded by the city through a competitive process, including but not limited to a formal bid or formal request for proposal process.
B. Timing of Protest. The protest shall be submitted in writing within five (5) days following the bid opening. Untimely protests will not be considered and will be deemed waived.
C. Contents of Protest. The protest shall identify and explain the factual and legal grounds for the protest. Any grounds not raised in the written protest are deemed waived by the protesting bidder or proposer. The protest shall include all relevant, supporting documentation with the protest at the time of filing.
D. City Response. If the protest is timely and complies with all of the above requirements, the city shall review the protest, any response to the protest received from the challenged bidder or proposer, and all relevant information. The city will provide a written response to the protestor, and the city’s action is final.
E. Effect of Failure to Comply with Protest Procedures. The procedures set forth in this article are mandatory and are the sole and exclusive remedy of a bidder or proposer to dispute the award of a contract. A protest that does not comply with these procedures may be summarily rejected.
F. Conflicts. The protest procedure contained in this section shall not apply if a particular procurement solicitation contains a different protest procedure. (Ord. 2021-06-1524 § 2 (part))