Sec. 43-25. Protests.
A. Protests regarding solicitations issued under this chapter may be submitted to the Procurement Officer as set forth below:
1. An aggrieved party may protest the contents of a solicitation before the solicitation deadline when the protest is based on an alleged mistake, impropriety or defect in the solicitation that is apparent.
2. Offerors or respondents may protest an adverse determination issued by the Procurement Officer, regarding whether the offeror or respondent is responsible or its offer or response is responsive, within seven days of the date the offeror or respondent was notified of the adverse determination.
3. Offerors or respondents may protest an award recommendation if the offeror or respondent can establish that it had a substantial chance of being awarded the contract and will be harmed by the recommended award.
4. In accordance with regulations, in the event the aggrieved parties, offerors or respondents submitted a public records request after receiving the applicable notice but prior to the deadline to file a protest as set forth in this article, the Procurement Officer will extend the deadline one day for every day between the day the City receives the public records request and the day the public records are produced, the request is otherwise addressed by the City or a court of competent jurisdiction enjoins disclosure of the requested records.
B. To be considered, all protests under this section must be submitted in writing and must include the name, address, telephone number, e-mail address and signature of the protester or its authorized representative; the solicitation number and title; a detailed statement of the legal or factual basis of the protest including any copies of relevant documents; and the relief requested. An offeror or respondent protesting an award recommendation shall also establish in its protest that it had a substantial chance of being awarded the contract and will be harmed by the recommended award. Protests received after the protest due dates set forth in this article will not be considered, except for good cause.
C. The Procurement Officer for the solicitation has the authority to review, decide and settle protests under this section.
D. The Procurement Officer shall issue a protest decision in writing within a reasonable period of time stating the reason for the protest decision and advising the aggrieved party, offeror or respondent of its right to appeal in accordance with this article. (Ord. No. G-5953, 2014)