(A) A person who is an actual or prospective bidder, offeror, or contractor that is aggrieved in connection with a procurement or award of a contract may protest to the Mayor, as follows:
(1) File a written protest with the Mayor setting forth the protestor's name, physical mailing address, e-mail address, and a concise statement of the grounds upon which the protest is made.
(2) The written protest must be received by the Mayor before the opening of bids or the closing date for proposals. However, if the person did not know and should not have known of the facts giving rise to the protest before the bid opening or the closing date for proposals, then the person must file the written protest within seven calendar days after the day on which the person knows or should have known of the facts giving rise to the protest.
(3) A person who fails to timely file a written protest under this section may not bring a protest, action, or appeal challenging a solicitation or award of a contract before the City Manager, the Mayor, the City Council, a court, or any other forum.
(4) The City Manager or Mayor may enter into a settlement agreement to resolve a protest.
(B) After a timely written protest is filed in accordance with division (A) of this section, the Mayor shall consider the protest and may hold a hearing on the protest, as follows:
(1) The Mayor may subpoena witnesses and compel their attendance at a protest hearing.
(2) The Mayor may subpoena documents for production at a protest hearing.
(3) The rules of evidence do not apply to a protest hearing.
(4) The Mayor may allow intervention of other parties into a protest.
(5) If a hearing on a protest is held, the Mayor shall record the hearing and preserve all evidence presented at the hearing.
(6) Regardless of whether a hearing on a protest is held, the Mayor shall preserve all records and other evidence relied upon in reaching the written decision described in division B(8) of this section.
(7) The records described in divisions B(5) and B(6) of this section may not be destroyed until the written decision, and any appeal of the written decision, becomes final.
(8) The Mayor shall promptly issue a written decision regarding any protest or contract controversy if it is not settled by mutual agreement.
(9) The written decision shall state the reasons for the action taken and inform the protestor, contractor, or prospective contractor of the right to appeal to the City Council. The Mayor shall mail, e-mail, or otherwise immediately furnish a copy of the written decision to the protestor, contractor, or prospective contractor.
(10) If the Mayor does not issue the written decision regarding a protest within 30 calendar days after the day on which a written request for a final decision is filed with the Mayor by the protestor, or within a longer period as may be agreed upon by the parties, the protestor, contractor, or prospective contractor may proceed as if an adverse decision had been received.
(11) A decision described in division B(8) of this section is effective until stayed or reversed on appeal.
(12) The Mayor may dismiss a protest which is not filed in accordance with the requirements of this chapter.
(C) A written appeal setting forth the grounds for the appeal must be filed with the City Council within ten calendar days of the date of the written decision of the Mayor.
(1) The City Council shall presume that the written decision of the Mayor is valid and determine only whether or not the decision is arbitrary or capricious.
(2) The City Council's review is limited to the Mayor's administrative record. The City Council may not accept or consider any evidence outside of the Mayor's administrative record.
(3) The City Council shall issue a written decision regarding any appeal.
(a) The written decision shall state the reasons for the action taken and inform the protestor, contractor, or prospective contractor of the right to appeal this final decision of the City Council to district court within thirty calendar days of the date of the written decision.
(b) The district court's review is limited to the City Council's appellate record in the determination of whether or not the City Council's written decision is arbitrary or capricious.
(Ord. 36-2022, passed 1-4-2023)