A. Any bidder may object to the recommendation of award, rejection of a bid, solicitation procedures of a bid, or any portion thereof and the protest will be considered according to the following terms:
1. The protest must be filed with the purchasing agent the sooner of:
a. Five business days from notification of the recommendation; or
b. Prior to the City Council meeting at which the recommendation is on the agenda for award or rejection.
2. The protest must be in writing and must include the following terms:
a. The name, address and telephone number of the protesting bidder;
b. The signature of the protester or his, her, or its representative;
c. Identification of the solicitation number;
d. A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and
e. A statement as to why the protester has standing to protest (either as a competing bid or as a citizen of the City of Somerton.
3. The form of relief requested.
B. The purchasing agent shall have the authority to dismiss such a protest, upon without scheduling an appeal if:
1. The grounds for the protest are not valid according to city policy;
2. The protest is untimely (not within five business days from notification or prior to the City Council meeting); or
3. The possible remedies would unfairly prejudice other interested parties, impact the integrity of the procurement system, or have a serious detrimental affect on the good faith of the parties, cost to the city, the urgency of the procurement, and the impact of the relief upon the using department.
C. The purchasing agent shall place the decision in writing directed by mail to the address provided by the protester and shall respond within 15 days.
D. The purchasing agent shall have the authority to sustain the protest in whole or part. Should the purchasing agent determine that a solicitation or proposed contract does not comply with this policy, with state or federal policy, or uncovers an irregularity or error in the bid, the recommendation for award shall be stayed and an appropriate remedy shall be implemented.
E. In determining an appropriate remedy, the purchasing agent shall confer with the Administrative Services Director and shall consider all the circumstances pertaining to the proposed procurement including but not limited to: the seriousness of the procurement deficiency, the degree of prejudice to other interested parties or to the integrity of the procurement system, the good faith of the parties, cost to the city; the urgency of the procurement; and the impact of the relief upon the contracting department.
F. An appropriate remedy may include one or more of the following:
1. Withdraw staff recommendation, and reissue the solicitation;
2. Withdraw staff recommendation, and issue a new solicitation;
3. Withdraw staff recommendation, and recommend award of contract consistent with the city purchasing policy; or
4. Such relief as is determined necessary to ensure compliance with this section.
G. If the determination of the purchasing agent is not satisfactory to the party submitting the protest, the party could then appeal to the City Manager. The same remedies are available as listed above. The written determination of the City Manager's Office shall be final.
(Res. 2008-011, passed 2-19-2008)