Sec. 18-159. Administrative appeals procedure.
(a) Any bidder, offeror or contractor may protest a decision to award or an award, appeal a decision to refuse to allow withdrawal of bids, appeal a decision of disqualification, debarment or a determination of nonresponsibility, or appeal a decision on disputes arising during the performance of a contract.
(b) Any protest or appeal pursuant to this section shall be in accordance with such administrative procedures as the city manager may prescribe.
(1) Any bidder, offeror or contractor shall submit a written protest or letter of appeal to the city manager with a copy to the director of public works, in the case of construction contracts, and the budget and procurement administrator, in all other matters, within the time constraints as set forth in the act. The written protest or appeal shall include the basis for the protest or appeal and the relief sought, and whether the bidder, offeror or contractor wishes to have a hearing with respect to the protest or appeal.
(2) If no hearing is requested, the city manager or his designee shall render a written decision to the bidder, offeror or contractor within ten (10) days of receipt of the written protest or letter of appeal.
(3) If a hearing is requested, it shall be held within (10) days of receipt of the written protest or letter of appeal, and a final decision shall be rendered within ten (10) days of the hearing. During the hearing, the protesting party shall have the opportunity to present pertinent information and to cross-examine adverse witnesses. The hearing shall be an informal administrative proceeding rather than a judicial-type trial, and it will be conducted by a disinterested person, who may be a city employee, appointed by the city manager.
(4) The findings of fact shall be final and conclusive and shall not be set aside unless the same are fraudulent or arbitrary or capricious, or so grossly erroneous as to imply bad faith. No determination on an issue of law shall be final if appropriate legal action is instituted in a timely matter.
(5) Any party to the administrative procedure shall be entitled to institute judicial review if such action is brought within thirty (30) days of receipt of the written decision. (Ord. No. O-82-262, § 1, 12-14-82; Ord. No. O-85-002, § 1, 1-8-85; Ord. No. O-91-224, 9-10-91, eff. 10-1-91)
Last updated date: 10/23/2006 4:15:21 PM