5.33.730 Protests and Judicial Review of Solicitation Documents and the Procurement Process.

City Code Section

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

  1. A.  An Affected Person may protest the Procurement process or the Solicitation Document for Offers solicited pursuant to Competitive Sealed Bidding pursuant to Section 5.33.200, Competitive Sealed Proposals pursuant to Section 5.33.210, a Special Procurement, or a Class Special Procurement pursuant to Section 5.33.220.  Prior to submitting a protest, an Affected Person may seek clarification of any provision of the Solicitation Document.  Any clarification by the City is binding only if the City amends the Solicitation Document by Addendum.
  2. B.  Method of Protest
    1. 1.  Time:  A Written protest of the City's posting of a solicitation document shall be provided to the Chief Procurement Officer within seven (7) Days after a Solicitation Document is advertised.  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 Solicitation Document.  A Written Protest of any Addendum shall be submitted by the close of the next business day after issuance of the Addendum.
    2. 2.  Contents:  The protest must include the following information:
      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. 
    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 5.33.730 B.2. and the reasons for that failure;
    3. 3.  If the protest was timely filed and provides the information required by Subsection 5.33.730 B.2. above, the Chief Procurement Officer shall issue a decision in Writing and provide that decision to the Affected Person no less than three (3) business days before Offers are due, unless a Written determination is made by the City that circumstances exist that require a shorter time limit.
    4. 4.  The Chief Procurement Officer’s response 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.  When the decision is final, the Affected Person must seek judicial review before the Opening of Bids, Proposals or Offers.
    5. 5.  If the City receives a protest from an Affected Person in accordance with this rule, the City may extend Closing if the City determines an extension is necessary to consider the protest and to issue an Addendum to the Solicitation Document.
  4. D.  Optional City Response:  In addition to the requirements of Subsection 5.33.730 C. above, the Chief Procurement Officer may do any of the following: 
    1. 1.  Agree with the protest and make any necessary corrections to the Solicitation Document or Procurement process;  
    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; 
    4. 4.  Refer the protest and any response to the City Council for decision; or
    5. 5.  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 unless it has complied fully with the protest requirements of this section and exercised all administrative appeal rights.  Judicial review is not available if the City withdraws the Solicitation Document that was the subject of the protest.