2-1-10: PROTEST OF SPECIFICATIONS OR AWARD OF PROCUREMENT CONTRACT; APPEAL:
   A.   Grievance: Any actual or prospective bidder, offeror or contractor who is aggrieved with the solicitation or award of a procurement contract may protest to the Purchasing Agent.
   B.   Protest of Specifications:  A protest regarding the specifications of a solicitation shall be submitted in writing to the Purchasing Agent prior to the opening of the bid and must list the pertinent facts giving rise to the protest.
   C.   Protest of Contract or Purchase Award:  A protest regarding the award of a procurement contract or purchase award shall be submitted in writing to the Purchasing Agent within five business days of the award of a procurement contract or purchase award and must list the pertinent facts giving rise to the protest. Untimely protests will not be considered.
   D.   Stay of Proceedings:  In the event of a timely protest, the City shall not proceed further with the solicitation or with the award of the contract or purchase until the protest is sustained or rejected by the Purchasing Agent, unless an immediate award of the contract or purchase is required to protect substantial interests of the City.
   E.   Protest Review:  The Purchasing Agent shall determine if the protest is timely filed. If the Purchasing Agent determines the protest is timely filed, the protest shall be dismissed if the Purchasing Agent determines the protest alleges facts that, if true, do not provide an adequate basis for the protest. Otherwise, the Purchasing Agent shall uphold the protest.
   F.   Appeal:  Any person aggrieved of a determination of a Department Head, the Purchasing Agent or Chief Procurement Officer in connection with the provisions of this chapter may appeal the determination or action to the City Council within five business days from the Purchasing Agent’s decision by filing a written appeal to the City Recorder, stating the reasons therefor.  The City Council shall schedule a hearing on the matter within ten days of the Recorder’s receipt of the appeal. (Ord. 2020-01, 4-14-2020)