Ordinance 2726-03 - Laserfiche WebLink

1. Be written; 2. Explicitly identify itself as an appeal or protest, 3. Explicitly identify the bid/project/request from which the appeal is taken or protest is made; 4. Explicitly state all reasons and bases in law and fact supporting the appeal or protest, including, but not limited to, identification of any and all specifications, terms, requirements, or conditions to which the vendor objects; 5. Include any and all supporting documents; and 6. Be filed with the city clerk. 15.2 Deadline for Filing Initial Appeal or Protest If a vendor appeals or protests a purchase specification, term, condition, or requirement, then any and all appeals and protests must be filed with the city clerk no later than seven (7) calendar days prior to the deadline for submission of bids or proposals. If the vendor appeals or protests an award or pending award, the appeal or protest must be filed with the city clerk no later than five (5) calendar days after the bidder is awarded the contract or a vendor's proposal is selected as most advantageous to the City. In no event will appeals or protests be heard or considered if these deadlines are not met. The City reserves the right to proceed with the purchase without notice to the appellant or protestor, including execution of contracts, notwithstanding the pendency of any appeal or protest. 15.3 Consideration of Initial Appeal or Protest A vendor's initial appeal or protest will be reviewed by the purchasing manager, the city attorney, the head of the procuring department, and the finance director, or their designees. The initial appeal or protest will be decided based upon the written appeal or protest, supporting documents, and other information obtained by those reviewing the appeal or protest. A meeting or conference with the appellant or protestor will occur only if the finance director, at his or her sole discretion, determines that a meeting or conference with the appellant or protestor would materially assist the City in making its decision. Only those issues raised by the appellant or protestor in its initial written appeal or protest filed with the city clerk will be considered. The finance director or his or her designee will issue a written decision no later than ten calendar days after the filing of the initial appeal or protest with the city clerk. The finance director may exercise discretion to extend the time for decision if more time is needed. 15.4 Appeal from Denial of Initial Appeal or Protest An appellant or protestor may only appeal the finance director's decision by following the procedures described in this section. The appeal will be decided by the City Council. The appellant or protestor must file its appeal in writing with the city clerk no later than seven calendar days after the date of the finance director's written decision. The appeal must state the basis in law and fact for the appeal, include a copy of the initial appeal or protest and the decision from which the appellant or protestor appeals, and state whether the appellant requests time to appear before Council to present its appeal. Council will not consider any issues not raised in the initial appeal or protest. At its sole discretion, Council may decide to allow the appellant to make any presentation other than its written submission if Council finds that such presentation would materially aid its decision. Council may form a committee of less than the entire Council to consider the appeal and recommend a decision to the entire Council. The Council's decision shall be final and binding. 15.5 Appeals and Protests on Projects Aided by the Federal Transit Administration AN ORDINANCE ESTABLISHING BID PROTEST PROCEDURES AND AMENDING ORDINANCE 2458-00 PAGE 6 OF 7