(a) An administrative process is hereby established for the City to review and decide protests to an award of an agreement, contract, or other procurement action by the City which, pursuant to the provisions of Article V, Sec. 5 of the City Charter or applicable law of the State of Ohio, the City is required to publicly bid. The administrative process is established in order to efficiently and promptly resolve any protest to a bidding procedure or award.
(b) For the purposes of this section, words and phrases shall have the following meanings:
(1) “Procurement action” shall mean any bid procedure or award of an agreement or contract for municipal goods, equipment, vehicles, supplies and/or services or the construction or installation of public improvements which are required to be publicly bid pursuant to the provisions of Article V, Sec. 5 of the City Charter or applicable law of the State of Ohio.
(2) “Protest” shall mean a written complaint concerning any act, error or omission in the bidding procedures and/or award in a procurement action of the City filed with the Director of Finance of the City by a party with a direct financial interest adversely affected by such City procurement action.
(c) A protest may only be filed with the Director of Finance when the matter complained of:
(1) Involves one or more issues directly arising out of a procurement action; and
(2) Alleges one or more violations of the procedures or requirements of the laws of the State of Ohio or the City which are applicable to the procurement action.
(d) Any party with an adversely affected direct financial interest may file a written protest with the Director of Finance in accordance with this section. A protest to the Director of Finance must be in writing and must adequately state the basis for the protest. Protests must be received by the Director of Finance within seven days after the complaining party knows or should have known the basis for the protest, whichever is earlier, subject to the further time limitations in subsection (e) of this section.
(e) (1) The Director of Finance may summarily dismiss a protest without proceedings under this section, if the protest is untimely or entirely addresses issues which are beyond the scope of this section or the protester fails to comply with the procedural requirements of this section.
(2) The Director of Finance shall dismiss as untimely any protest based upon alleged improprieties in the solicitation which were apparent before bid opening or the closing date for receipt of initial proposals if the initial protest was not received by the Director of Finance before bid opening or the closing date for receipt of proposals respectively.
(3) In cases not based upon alleged improprieties in solicitation, the Director of Finance shall dismiss as untimely any protest if the initial protest was not received by the Director of Finance within seven days after the basis for the protest was known or should have been known, whichever is earlier.
(4) The Director of Finance may summarily deny a protest, without proceedings under this section, if, after considering the facts in a light most favorable to the protester, the Director of Finance believes that the protest lacks merit.
(5) The protester may notify the Director of Finance of a protest by brief facsimile notice forwarded and received by the Director of Finance within the seven day time period for filing a protest, provided that the protester provides the Director of Finance with a more detailed statement of the basis for the protest within seven days after the date on the facsimile notice.
(6) The Director of Finance shall not consider any oral protest.
(f) (1) The protest document must state the legal and factual grounds for the protest and request a determination under this section.
(2) Upon filing of a protest with the Director of Finance, the protester must concurrently transmit a copy of the documents and any attachments to all other parties with a direct financial interest which may be adversely affected by the determination of the protest. Also, a party who submits a document to the Director of Finance during the course of a protest must simultaneously furnish all other affected parties with a copy of such document.
(g) (1) The Director of Finance may review each protest filed with him to determine whether it is appropriate to defer or re-bid the protested procurement action. If the Director of Finance determines that it is advisable to defer or re-bid the procurement action, the Director of Finance shall advise the Mayor and the Council of the City of his determination. The Mayor and the Council may elect to defer or re-bid the procurement action. A deferral of the procurement action shall be limited to the award of the procurement which is the basis of the protest.
(2) In circumstances where a deferral of a procurement action requires an extension of the bid or bid bond period, if the protester does not agree to the City’s request for a reasonable extension of the bid and bid bond period, the City or the Director of Finance may summarily dismiss the protest.
(h) (1) The Director of Finance will give both the protester, as well as any other party with a financial interest which may be adversely affected by the determination of the protest, an opportunity to present arguments in support of their view in writing or at a conference to be submitted or heard by a date certain. After the Director of Finance’s announced date for receipt of written arguments or at the conclusion of the conference, the record shall be closed.
(2) The Director of Finance shall review and consider the record and any other documents or arguments presented by the parties, to determine whether, in his opinion, the protest has merit. The Director of Finance may consult with the Director of Law and other administrative officials in the course of his consideration and review of the protest. The Director of Finance shall report his findings to the Council together with his recommendations for final action on the protest. If a majority of the members elected to Council determine it advisable to request or secure additional arguments or evidence regarding the protest from the Administration or any party, it may establish a time period for that purpose. The Council shall by resolution take final action on the protest.
(3) The Council’s determination shall constitute a final action by the City from which there shall be no further municipal administrative appeal.
(4) Nothing in this section precludes the Director of Finance from reviewing a procurement action in the absence of a protest, for any reason.
(Ord. 2000-158. Passed 7-24-00.)