Skip to main content
Loading…
This section is included in your selections.

(1) Purpose. The purpose of this section is to provide an administrative procedure to resolve disputes concerning which bidder is entitled to the award before the contract is awarded. This section applies only to formal competitive bidding.

(2) Notice of Intent to Award. Prior to the award of the contract, the Manager shall send all bidders who provided an address a written notice of intent to award the contract naming the bidder who appears to be the lowest responsible bidder.

(3) Right to Protest. Any actual bidder who is adversely affected or aggrieved by the City's notice of intent to award of the contract to another bidder on the same solicitation shall submit to the City a written protest of the notice of award prior to the deadline specified in the notice, which shall not be less than seven days after the notice was mailed. The written protest shall specify the grounds upon which the protest is based. In order to be an adversely affected or aggrieved bidder with a right to submit a written protest, a bidder must itself claim to be eligible for award of the contract as the lowest responsible bidder and must be next in line for award, i.e., the protestor must claim that all lower bidders are ineligible for award because they are nonresponsive or nonresponsible. The City shall not entertain a protest submitted after the time period specified in the notice.

(4) Authority to Resolve Protests. The officer awarding the contract shall have the authority to settle or resolve a written protest submitted under (2), supra.

(5) Decision. If a protest is resolved in favor of the bidder who filed the protest, a new notice of intent to award shall be sent to all bidders.

(6) Notice of Award. Upon award of the contract, a written notice of award shall be sent to all bidders who provided an address. The notice of award of the contract shall constitute the final decision of the City on all protests.

[Added Sec. 12, Ord. No. 6884, May 16, 1991.]