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The protest procedures contained in this chapter apply to formal sealed bids and competitive proposals only. For purposes of this chapter any person who submitted either a bid or proposal is referred to as a "bidder" and any submitted bid or proposal is referred to as a "bid."
(Ord. 808 § 2, 2019)
Only a bidder who has actually submitted a bid is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.
(Ord. 808 § 2, 2019)
Any bid protest must be in writing and received by the city before five p.m. no later than two business days following the bid opening (the "bid protest deadline"). The protesting bidder may submit the bid protest by personal delivery, courier, or facsimile transmission.
(Ord. 808 § 2, 2019)
A. 
Protest Contents. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the bid protest deadline will not be considered. The protest must refer to the specific portion or portions of the contract documents upon which the protest is based. The protest must include the name, address, email address and telephone number of the person representing the protesting bidder if different from the protesting bidder.
B. 
Copy to Protested Bidder. A copy of the protest and all supporting documents must be concurrently transmitted by facsimile transmission or electronic mail (email), before the bid protest deadline, to the protested bidder.
(Ord. 808 § 2, 2019)
A. 
Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by the city before five p.m., within two business days after the bid protest deadline or after actual receipt of the bid protest, whichever is sooner (the "response deadline"). The protested bidder may submit the response to bid protest by personal delivery, courier, or facsimile transmission. The response must include all supporting documentation. Material submitted after the response deadline will not be considered. The response must include the name, address, email address, and telephone number of the person representing the protested bidder if different from the protested bidder.
B. 
Copy to Protesting Bidder. A copy of the response and all supporting documents must be concurrently transmitted by facsimile transmission or electronic mail (email), before the bid protest deadline, to the protesting bidder.
(Ord. 808 § 2, 2019)
Within five business days of the response deadline, the city manager will issue a decision on the bid protest. The decision of the city manager is final.
(Ord. 808 § 2, 2019)
The procedure and time limits set forth in this section are mandatory and are the bidder's sole and exclusive remedy in the event of bid protest. A bidder's failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code claim or initiation of legal proceedings.
(Ord. 808 § 2, 2019)