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5.33.710 Protests and Judicial Review of Sole-Source Procurements.

City Code Section

(Amended by Ordinances 183445 and 185898, effective February 20, 2013.)

  1. A.  An Affected Person may protest the determination that the Goods or Services or class of Goods or Services should be procured from only one source.
  2. B.  Method of Protest
    1. 1.  Time:  A Written protest of the Chief Procurement Officer’s Determination shall be provided to the Chief Procurement Officer within seven (7) Days whenever the City posts a notice that it will make a sole source purchase.  The Chief Procurement Officer shall not consider a protest submitted after the timeline established for submitting such protest under this rule or such different time period as may be provided in the Notice of Intent to make a Sole Source purchase.
    2. 2.  Contents:
      1. a.  Sufficient information to identify the Solicitation 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 5.33.710 B.2. and the reasons for that failure;
    3. 3.   If the protest was timely filed and provides the information required by Subsection 5.33.710 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 5.33.710 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.  An Affected Person may not seek judicial review of the City Council’s approval of a Sole Source Procurement unless it has complied fully with the protest requirements of this section and has exercised all administrative appeal rights.  Judicial review is not available if the City elects not to make a Sole Source Procurement.