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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)
Sec. 28-79(1). Protests concerning improprieties in a solicitation. Protests based upon alleged improprieties in a solicitation that are apparent before the solicitation due date shall be filed not less than five (5) working days before the solicitation due date.
Sec. 28-79(2). In cases other than those covered in subsection (1) of this section, protests shall be filed within ten (10) days after the aggrieved person knows or should have known of the facts giving rise thereto; however, in no event shall the protest be filed later than ten (10) days after issuance of notice of intent to award or in the absence of a notice of intent to award, after notification of award.
Sec. 28-79(3). The contract officer, without waiving the city's right to dismiss the protest for lack of timeliness, may consider any protest that is not filed timely.
Sec. 28-79(4). The contract officer shall give notice of the protest to the successful contractor if award has been made or, if no award has been made, to all interested parties. Interested parties have the right to intervene.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
Sec. 28-80(1). In the event of a timely protest under section 28-79, the city shall stay the solicitation or award of the contract unless the director makes a written determination that there is a reasonable probability that the protest will be denied and that proceeding further with the solicitation or award of the contract is in the best interests of the city. The stay shall automatically continue throughout the legal process unless the director makes a written determination to lift it.
Sec. 28-80(2). In the event of a timely appeal under section 28-84, and in the event that the director has made a written determination to lift a stay, the city shall stay the solicitation or award of the contract unless the director makes another written determination that proceeding with the solicitation or award of the contract is in the best interests of the city. The stay shall automatically continue throughout the legal process unless the director makes a written determination to lift it.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
Sec. 28-81(1). Material submitted by a protestant shall not be withheld from any interested party except to the extent that the withholding of information is permitted or required by law or as determined pursuant to section 28-5.
Sec. 28-81(2). If the protestant believes the protest contains material that should be withheld, a statement advising the contract officer of this fact shall accompany the protest submission in accordance with section 28-5.
(Ord. No. 10404, § 1, 5-15-07)
Sec. 28-82(1). The contract officer shall issue a written decision within fourteen (14) days after a protest has been filed pursuant to section 28-78. The decision shall contain an explanation of the basis of the decision.
Sec. 28-82(2). The contract officer shall furnish a copy of the decision to the protestant, by certified mail, return receipt requested, or by any other method that provides evidence of receipt.
Sec. 28-82(3). The time limit for decisions set forth in subsection (1) of this section may be extended by the director for a reasonable time not to exceed thirty (30) days beyond the original fourteen (14) day time period. The contract officer shall notify the protestant in writing that the time for the issuance of a decision has been extended and the date by which a decision will be issued.
Sec. 28-82(4). If the contract officer fails to issue a decision within the time limits set forth in subsection (1) or (3) of this section, the protestant may proceed as if the contract officer had issued an adverse decision.
Sec. 28-82(5). The contract officer's decision shall contain a statement regarding the appeals process that is available pursuant to this article.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
Sec. 28-83(1). If the contract officer sustains the protest in whole or part and determines that a solicitation, evaluation process, proposed contract award, or contract award does not comply with the procurement code, the officer shall implement an appropriate remedy.
Sec. 28-83(2). In determining an appropriate remedy, the contract officer shall consider all the circumstances surrounding the procurement or proposed procurement including, but not limited to:
(a) The seriousness of the procurement deficiency;
(b) The degree of prejudice to other interested parties or to the integrity of the procurement process;
(c) The good faith of the parties;
(d) The extent of performance;
(e) Costs to the city;
(f) The urgency of the procurement; and
(g) The impact of the relief on the using agency's mission.
Sec. 28-83(3). An appropriate remedy may include one or more of the following:
(a) Reject all bids, responses or proposals;
(b) Terminate the contract;
(c) Reissue the solicitation;
(d) Issue a new solicitation;
(e) Award a contract consistent with the procurement code;
(f) Such other relief as is determined necessary to ensure compliance with the Charter and this chapter.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
Sec. 28-84(1). Appeal. An appeal from a decision entered or deemed to be entered by the contract officer shall be filed with the director within seven (7) days from the date the decision is issued. The appellant shall also file a copy of the appeal with the contract officer.
Sec. 28-84(2). Content of appeal. The appeal shall contain:
(b) A copy of the decision of the contract officer; and
(c) The precise factual or legal error in the decision of the contract officer from which an appeal is taken.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
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