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A. Upon receipt of an adverse protest decision under Section 43-25(D), the aggrieved party, offeror or respondent may appeal the protest decision to the City Manager. The scope of an appeal, the evidence presented and arguments made may not extend beyond the scope of the original protest by the aggrieved party, offeror or respondent.

B. Appeals must be submitted in writing to the City Manager, with a copy sent to the Procurement Officer, within seven days of the date of the protest decision. Appeals received after this date will not be considered except for good cause. The appeal must include a detailed analysis of the legal or factual errors resulting in the protest decision. Copies of all relevant documents should also be provided.

C. Within 14 days of the City Manager’s receipt of the appeal, the Procurement Officer shall submit an appeal report to the City Manager. In accordance with the regulations, this period of time may be extended as authorized by the City Manager. The appeal report shall include a statement by the Procurement Officer defining the scope of the appeal, the appeal, the protest decision, the protest, and any other applicable documents or abstracts thereof.

D. The City Manager is authorized to settle and resolve appeals. The City Manager may make the determination that an appeal is frivolous or unwarranted as to facts and dismiss the appeal. The City Manager may appoint an independent hearing officer or select an appeal panel to review and consider the basis of the appeal and render a recommendation.

E. If assigned to a hearing officer for fact finding, the appeal may be supplemented in the discretion of the hearing officer, with oral argument and witness testimony by the party submitting the appeal, the Procurement Officer, relevant City staff, the recommended offerors and other relevant witnesses.

F. The City Manager will issue a final decision in writing within a reasonable period of time. The final decision shall identify and explain the basis of the City Manager’s determination and the decision will be final. (Ord. No. G-5953, 2014)