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A. With respect to a protest of an award recommendation, the City Engineer is authorized to deny, sustain, or sustain in part any protest; protest hearings are optional.

B. If the protest is based on an alleged mistake, impropriety, or defect that is apparent after the deadline for submission of the solicitation response, the proposer will file the protest within three days after the earliest of the following events:

1. The proposer knew of or should have known of the basis for the protest; or

2. Notice of intent to award a contract; or

3. Notice of a short list determination; or

4. Notice of a final list determination; or

5. Notice of determination of nonresponsiveness.

C. The City will notice the solicitation determinations and decision as provided in subsections (B)(1) through (4) of this section on its procurement webpage. Notice related to subsection (B)(5) of this section determinations will be made directly to the proposer.

D. Any proposer requesting relief in the form of an administrative reconsideration due to a determination of nonresponsiveness related to a small business or disadvantaged business enterprise requirement (SBE or DBE) must submit that request to the City Clerk’s office. The City Equal Opportunity Director has discretion in determining responsiveness regarding SBE or DBE requirements. (Ord. No. G-2804, § 1; Ord. No. G-3550, § 2; Ord. No. G-4894, § 5, 2007; Ord. No. G-6153, 2016)