5.33.700 Protests and Judicial Review of Special Procurements.

City Code Section

(Amended by Ordinances 183445184403 and 185898, effective February 20, 2013.)

  1. A.  An Affected Person may protest the City's approval of a Special Procurement or a class Special Procurement.
  2. B.  Method of Protest 
    1. 1.  Time:  A Written protest of the City's approval shall be provided to the Chief Procurement Officer not later than seven (7) Days after the approval of the Special Procurement or class Special Procurement unless a different time period is provided in the Notice.  The Chief Procurement Officer shall not consider a protest submitted after the timeline established for submitting such protest under this rule.  
    2. 2.    Contents.  The Written protest must include:
      1. a.  Sufficient information to identify the Request that is the subject of the protest;
      2. b.   A detailed statement of all the legal and factual grounds for the protest;
      3. c.  Evidence or supporting documentation that supports the grounds on which the protest is based;
      4. d.  A description of the resulting harm to the Affected Person; and
      5. e.  The relief requested.
  3. C.    Required City Response. The City shall take the following actions, as appropriate:
    1. 1.   The City shall inform the Affected Person in Writing if the protest was not timely filed;
    2. 2.   The City shall inform the Affected Person if it failed to meet the requirements of Subsection 5.33.700 B.2. and the reasons for that failure;
    3. 3.   If the protest was timely filed and provides the information required by Subsection 5.33.700 B.2., the City shall issue a decision in Writing and provide that decision to the Affected Person within a reasonable period of time unless a Written determination is made by the City that circumstances exist that require a shorter time limit.
    4. 4.   If the City denies the protest, it shall inform the Affected Person if the decision is final or whether the Chief Procurement Officer has decided to refer the protest to the Purchasing Board of Appeals or City Council. 
  4. D.   Optional City Response: In addition to the requirements of Subsection 5.33.700 C., the Chief Procurement Officer may do any of the following:
    1. 1.   Agree with the protest and take any corrective action necessary;
    2. 2.   Issue a Written response to the protest and provide that decision to the Affected Person;
    3. 3.   Refer the protest and any response to the Board of Appeals for decision;
    4. 4.   Refer the protest and any response to the City Council for decision; or
    5. 5.   Take any other action that is in the best interest of the City while giving full consideration to the merits of the protest.
  5. E.  Judicial Review.
    1. 1.  An Affected Person may not seek judicial review of the City Council’s approval of a Special Procurement or Class Special Procurement unless it has complied fully with the Protest requirements of this section and exercised all administrative appeal rights.
    2. 2.  Judicial review is not available if the Request is denied by the City Council, Board of Appeals or is withdrawn by the Chief Procurement Officer.