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)

Sec. 28-91. Filing of a contract claim.

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

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

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

   (c)   Identification of the solicitation or contract number;

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

   (e)   The form of relief requested.

(Ord. No. 10404, § 1, 5-15-07)

Sec. 28-92. Contract officer’s decision on a contract claim.

   Sec. 28-92(1). Written decision. If a contract claim cannot be resolved by mutual agreement, the contract officer shall, upon a written request by the contractor for a final decision, issue a written decision no more than sixty (60) days after the request is filed. Before issuing a final decision, the contract officer shall review the facts pertinent to the contract claim or controversy and secure any necessary assistance from legal, financial, procurement, and other advisors.

   Sec. 28-92(2). Final decision. The contract officer shall furnish a copy of the decision to the contractor, by certified mail, return receipt requested, or by any other method that provides evidence of receipt. The decision shall include:

   (a)   A description of the claim;

   (b)   A reference to the pertinent contract provision;

   (c)   A statement of the factual areas of agreement or disagreement;

   (d)   A statement of the contract officer's decision, with supporting rationale;

   (e)   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)