Ordinance 2726-03 - Laserfiche WebLink

• ORDINANCE NO. 2726-03 4101 AN ORDINANCE ESTABLISHING BID PROTEST PROCEDURES AND AMENDING ORDINANCE 2458-00 WHEREAS, the City adopted Ordinance 2458-00, establishing a Purchasing Policy; and WHEREAS, the Purchasing Policy provided a procedure by which vendors, contractors and service providers may Protest or appeal terms, conditions or specifications of Procurement, awards of contracts and selection of most advantageous proposals; and WHEREAS, establishing bid protest procedures by a separate ordinance to be codified as part of the Everett Municipal Code will minimize due process challenges by disappointed vendors to the City's bid protest procedures; NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1. Purpose The purpose of this Ordinance is to protect the public purse, not to provide a specific type of forum for bidders, contractors, vendors and anyone who seeks to contract with the City to provide goods and services. Section 2. Definitions A. "Award" shall mean a decision by the City to purchase goods or services from a particular bidder or proposer. For the purposes of this ordinance, Award includes the City's selection of a particular proposal as most advantageous to the City. B. "Federal Agency" means any Federal government agency that provides grants or funds to the City that the City will use in a Procurement. C. "Filing" shall mean physical delivery during regular City business hours to the City Clerk requiring a receipt signed by a staff member of the City Clerk's office, such as United States certified first class mail, return receipt requested, or commercial document courier who obtains a receipt upon delivery. Filing does not mean or include electronic submission via the Internet or by fax. D. "Interested Party"means: (1)prior to submission of bids, proposals, or offers to the City, an actual or prospective bidder, proposer or offeror whose direct economic interest would be affected by the Procurement; and (2) after submission of bids, proposal or offers to the City, an actual bidder, proposer, or offeror. Interested Party does not include subcontractors, suppliers, or any person contracting with, or intending to contract with, an actual bidder, proposer, or offeror. E. "Procurement"means: (1) a solicitation, invitation, or other request by the City for offers for a contract for the purchase, lease or acquisition of goods or services; and (2) an award or proposed award of such a contract. Procurement does not include the acquisition of any interest in real estate. AN ORDINANCE ESTABLISHING BID PROTEST PROCEDURES AND AMENDING ORDINANCE 2458-00 PAGE 1 OF 7