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)