3.25.160 Procurement protests.
A. Any actual or prospective bidder or offeror who is aggrieved in connection with the solicitation or award of a contract for procurement may protest the procurement by filing a written protest with the purchasing agent. The protest shall contain the following information:
1. The protesting party’s name, mailing address, daytime telephone number, the signature of the protesting party or the attorney for the protesting party, and the date the protest is signed; and
2. The relief sought, a statement of facts, and a recitation of the reasons and legal authority in support of the protest sufficient to permit review.
B. Protests shall be submitted prior to the closing date for receiving bids or proposals unless the protester did not know and could not have reasonably known the facts giving rise to the protest prior to such time, but in any event, all protests shall be submitted within five days after the closing date for receiving bids or proposals.
C. The city may proceed with the procurement except that the purchasing agent may suspend the procurement process for so long as he/she determines appropriate.
D. The purchasing agent may designate another individual to assist in reviewing the matter, which assistance may include finding facts, analyzing the protest, and making recommendations to the purchasing agent.
E. The purchasing agent or the purchasing agent’s designated representative may request additional information from the protesting party or from other persons to make a determination. The protesting party shall provide all information requested by the purchasing agent reasonably needed to decide the protest except information which is protected from disclosure by law, or which could reasonably be expected to result in unfair competitive injury to the protester.
F. The purchasing agent shall review and decide protests, and shall issue a written determination to the protesting party within 15 days of receipt of the protest.
G. The protesting party may appeal the written decision of the purchasing agent by filing a written appeal with the city manager. The notice of appeal shall contain the following information:
1. The petitioner’s name, mailing address, daytime telephone number, the signature of the petitioner or of the attorney for the petitioner, and date; and
2. The relief sought, a statement of facts and a recitation of the reasons and legal authority in support of the protest sufficient to permit review.
H. The city manager or other person selected by the city manager shall review and hear the appeal. No later than five days after receiving a notice of appeal, the city manager shall schedule a hearing on the appeal. Unless otherwise agreed to by the city and the petitioner, the hearing shall be held no sooner than five days and not later than 30 days from the date of the filing of the appeal.
I. At the hearing before the city manager, the appellant and the city’s representative shall be allowed to testify, present evidence, and comment on the issues under the direction of the committee chairman. The city manager may allow other interested persons to testify, comment, or provide evidence on the issues.
J. No later than 15 business days after the hearing, the city manager shall issue a signed order either granting the petition in whole or in part, or upholding the determination of the purchasing agent in whole or in part. The order of the city manager shall include:
1. The decision and any reasons for the decision the committee may wish to provide; and
2. A statement that any party to the appeal may appeal the decision to the state district court.
K. If the city manager fails to issue a decision within 15 business days after the hearing, said failure shall be considered the equivalent of an order denying the appeal.
L. The city manager may appoint a person other than the purchasing agent or the city manager to fulfill their respective responsibilities described in this section. [Ord. 06-18-2013A § 2].