Secs. 28-72--28-74. Reserved.

ARTICLE IX. LEGAL AND CONTRACTUAL REMEDIES*

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*   Editors Note: See editor's note at Art. I.

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Sec. 28-75. Definitions.

In this article, unless the context otherwise requires:

   Sec. 28-75(1). "Adequate evidence" means more than mere accusation but less than substantial evidence. Consideration shall be given to the amount of credible information available, reasonableness in view of surrounding circumstances, corroboration, and other inferences that may be drawn from the existence or absence of affirmative facts.

   Sec. 28-75(2). "Affiliate" means any person whose governing instruments requires it to be bound by the decision of another person or whose governing board includes enough voting representatives of the other person to cause or prevent action, whether or not the power is exercised. It may also include persons doing business under a variety of names, or where there is a parent-subsidiary relationship between persons.

   Sec. 28-75(3). "Debarment" means an action taken by the director under this article to prohibit a person from participating in city procurements.

   Sec. 28-75(4). "Filed" means delivery to the contract officer or to the director, whichever is applicable. A time and date of receipt shall be documented in a verifiable manner for purposes of filing.

   Sec. 28-75(5). "Governing instruments" means those legal documents that establish the existence of an organization and define its powers including articles of incorporation or association, constitution, charter and by-laws.

   Sec. 28-75(6). "Interested party" means an actual or prospective bidder, respondent or offeror whose economic interest may be affected substantially and directly by the issuance of a solicitation, the award of a contract or by the failure to award a contract. Whether an economic interest exists will depend upon the circumstances of each case. An interested party does not include a supplier, subconsultant or subcontractor to an actual or prospective bidder, respondent or offeror.

   Sec. 28-75(7). "Receipt" means the earlier of actual receipt or the first attempted delivery by certified mail, or by any other means that provides evidence of the attempt, to the persons' last known address.

   Sec. 28-75(8). "Substantial evidence" means such relevant evidence as a reasonable person might accept as sufficient to support a particular conclusion.

   Sec. 28-75(9). "Suspension" means an action taken by the director under this article temporarily disqualifying a person from participating in city procurements.

(Ord. No. 10404, § 1, 5-15-07)

Sec. 28-76. Authority of the contract officer.

The contract officer shall have the authority to settle and resolve protests and contract claims. Appeals from the decisions of the contract officer may be made to the director pursuant to the provisions of this article.

(Ord. No. 10404, § 1, 5-15-07)

Sec. 28-77. Right to protest.

Any actual interested party who is aggrieved in connection with the solicitation or award of a contract above the amount specified in section 28-16(1) may protest to the contract officer.

(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)

Sec. 28-78. Filing of a protest.

   Content of protest. The protest shall be in writing and shall include the following information:

   (a)   The name, address, telephone number and email address of the protestant;

   (b)   The signature of the protestant or its representative;

   (c)   Identification of the solicitation or contract number;

   (d)   A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and

   (e)   The form of relief requested.

(Ord. No. 10404, § 1, 5-15-07)