§ 4.36.010. Authority to resolve protested solicitations and awards.

A.

Right to Protest. Any actual or prospective bidder, offeror or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the purchasing agent. The protest shall be submitted in writing within ten days after such aggrieved person knows or should have known of the facts giving rise thereto.

B.

Authority to resolve protests. The purchasing agent shall have the authority to settle and resolve a protest of an actual or prospective aggrieved bidder, offeror or contractor concerning the solicitation or award of a contract. This authority shall be exercised in accordance with regulations promulgated by the standards board.

C.

Decision. If the protest is not resolved by mutual agreement, the purchasing agent shall promptly issue a decision in writing. The decision shall:

1.

State the reason for the action taken; and

2.

Inform the protestant of its right to administrative review as provided in this chapter.

D.

Notice of Decision. A copy of the decision under subsection C of the section shall be mailed or otherwise furnished immediately to the protestant and any other interested party.

E.

Finality. A decision under subsection C of this section shall be final and conclusive, unless any person adversely affected by the decision appeals administratively to the procurement appeals board in accordance with Section 4.36.110, protest of solicitations or awards; or

F.

Stay of Procurements During Protests. In the event a timely protest under subsection A of this section or under Section 4.36.100, jurisdiction of procurement appeals board, the metropolitan government shall not proceed further with the solicitation of or with the award of the contract until the purchasing agent, after consultation with the head of the using agency, makes a written determination that the award of the contract without delay is necessary to protect substantial interests of the metropolitan government.

(Ord. 92-210 § 1 (9-101), 1992)