32.04(A) Standing. Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made pursuant to this Section.
32.04(B) Procedure.
32.04(B)(1) Protest of Intent to Award. After a Notice of Intent to Award an Agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process, including a determination that a bidder, proposer or responder is non-responsible or non-responsive, may file a protest with the
Clerk by close of business on the third Business Day after posting (excluding the day of posting) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of
Hall A Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure.
32.04(B)(2) Content and filing. The protest shall be in writing, shall identify the name and address of the protester, and shall include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest and the protest bond are received by the
Clerk. The official clock at the
Hall reception desk shall govern.
32.04(C) Protest bond. Any bidder, proposer or responder filing a protest shall simultaneously provide a protest bond to the
in the amount set forth in the sealed competitive method documents. If the protest is decided in the protester's favor, the entire protest bond shall be returned to the protester. If the protest is not decided in the protester's favor, the protest bond shall be forfeited to the
. The protest bond shall be in the form of a cashier's check, and shall be in the amount specified in the sealed competitive method documents.
32.04(D) Protest committee. The protest committee shall review all protests. The
shall appoint the members of the protest committee. No member of the
shall serve on the protest committee. Each protest committee member shall complete and execute an independence affidavit. The
or designee shall serve as counsel to the protest committee. The meeting of the protest committee shall be opened to the public and all of the actual bidders, responders or proposers shall be notified of the date, time and place of the meeting. If the
protest committee determines that the protest has merit, the
shall direct that all appropriate steps be taken. If the protest committee denies the protest, the protester may appeal to the
. All of the actual bidders, responders or proposers shall have a right to be represented by an attorney at the protest committee meeting and the
meeting. All of the actual bidders, responders or proposers shall be notified of the determination by the protest committee. The protest committee shall terminate upon the award of the contract, or such other time as determined by the
.
32.04(E) Stay of Award. In the event of a timely protest, the
shall stay the award of the agreement or the sealed competitive method unless the
determines that the award of the agreement without delay or the continuation of the sealed competitive method is necessary to protect any substantial interest of the
. The continuation of the sealed competitive method or award process under these circumstances shall not preempt or otherwise affect the protest.
32.04(F) Appeals to
. Any actual bidder, proposer or responder who is aggrieved by a determination of the protest committee may appeal the determination to the
by filing an appeal with the City Clerk by close of business on the third Business Day after the protester has been notified (excluding the day of notification) of the determination by the protest committee. The appeal shall be in writing and shall include a factual summary of, and the basis for, the appeal. Filing of an appeal shall be considered complete when the appeal is received by the
Clerk.
32.04(G) Failure to file protest. Any actual bidder, proposer or responder that does not formally protest or appeal in accordance with this Section shall not have standing to protest the
's award.
32.04(H) Exception for auditing services acquisitions. The protest procedures shall not apply to acquisitions of auditing services.
(Ord. 2011-04, passed 5-16-2011; Am. Ord. 2013-16, passed 12-2-2013; Am. Ord. 2014-23, passed 11-17-2014; Am. Ord. 2019-14, passed 10-21-2019; Am. Ord. 2023-07, passed 7-5-2023)