Sec. 28-84. Appeals to the director.

   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:

   (a)   The information set forth in section 28-78, including the identification of confidential information in the manner set forth in section 28-81;

   (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)

Sec. 28-85. Notice of appeal.

   Sec. 28-85(1). The director shall give notice of the appeal to the successful contractor if award has been made or, if no award has been made, to interested parties. Such interested parties shall have the right to request copies of the appeal and to intervene in the proceedings.

   Sec. 28-85(2). The director shall, upon request, furnish copies of the appeal to those named in subsection (1) of this section subject to the provisions of section 28-81.

(Ord. No. 10404, § 1, 5-15-07)

Sec. 28-86. Reserved.

Sec. 28-87. Contract officer report on an appeal.

   Sec. 28-87(1). [Report.] The contract officer shall file a report on the appeal with the director within seven (7) days from the date the appeal is filed. At the same time, the contract officer shall furnish a copy of the report to the appellant by certified mail, return receipt requested or any other method that provides evidence of receipt, and to any interested parties who have responded to the notice given pursuant to section 28-85(2). The report shall contain copies of:

   (a)   The appeal;

   (b)   Any other documents that are relevant to the protest; and

   (c)   A statement by the contract officer setting forth findings, actions, recommendations and any additional evidence or information necessary to determine the validity of the appeal.

   Sec. 28-87(2). Extension for filing of report.

   (a)   The contract officer may request in writing an extension of the time period setting forth the reason for extension.

   (b)   The director's determination on the request shall be in writing, state the reasons for the determination and, if an extension is granted, set forth a new date for the submission of the report. The director shall notify the appellant in writing that the time for the submission of the report has been extended and the date by which the report will be submitted.

   Sec. 28-87(3). Comments on report.

   (a)   The appellant shall file comments on the contract officer's report with the director within seven (7) days after receipt of the report. Copies of the comments shall be provided by the appellant to the contract officer and all other interested parties. The comments must contain a statement or confirmation as to the appellant's requested form of relief.

   (b)   The director may grant an extension on the time period to file comments pursuant to a written request made by the appellant within the period set forth in subsection (3)(a) of this section stating the reason an extension is necessary. The director's determination on the request shall be in writing, state the reasons for the determination and, if the extension is granted, set forth a new date for the filing of comments. The director shall notify the contract officer of any extension.

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

Sec. 28-88. Remedies for an appeal of a protest.

The director may affirm the appeal in whole or in part or deny it. If the appeal is denied in whole or in part and a determination is made that a solicitation, evaluation process, proposed award, or award does not comply with the Charter and/or this chapter, a hearing shall be held in accordance with section 28-113.

(Ord. No. 11296, § 1, 8-5-15)

Sec. 28-89. Dismissal before hearing.

The director shall dismiss, upon a written determination, an appeal before scheduling a hearing if:

   Sec. 28-89(1). The appeal does not state a valid basis, including a detailed statement of the legal and factual grounds, for protest; or

   Sec. 28-89(2). The appeal is untimely pursuant to section 28-84(1).

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

Sec. 28-90. Hearing.

Hearings on appeals of protest decisions shall be conducted in accordance with section 28-113.

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