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Title 07
Chapter 07.06
Section 07.06.155
 

Title 07 Finance

Chapter 07.06 Procurement of Goods, Services and Works

Article II. Public Bidding and Other Provisions

Section 07.06.155 Bid Protests
  1. Definitions.

    1. “Bid Protest” means a written objection by an interested party to a solicitation issued by an agency for bids for a proposed contract for Public Works or a written objection by an interested party to a proposed award or the award of such a contract (31 U.S.C. Section 3551[1]). If the protest does not meet the time or content requirements, the Purchasing Director may reject the protest.

    2. “Interested Party” means any party person (a) who is an actual bidder or prospective bidder or offeror whose direct economic interest would be affected by the award of the contract or by the failure to award (31 U.S.C. Section 3551((2)).

    3. “Filing of a Bid Protest” – any interested party may file a bid protest on a Public Works project which is the subject of competitive bids on the basis that the City has failed to comply with applicable Federal or State law or with local regulations. Valid bid protests shall be heard by City Council. The protest must be filed in accordance with the timing requirements set forth in this subsection herein, and must include:

      1. The name, address, telephone numbers of the protestor;

      2. The number of the specification/contract solicitation;

      3. All information indicating the protestor is an interested party;

      4. A written statement of the grounds for the protest and in particular the Federal, or State law or local regulation alleged to have been violated. This statement should be accompanied by any relevant support documentation, and a statement regarding the course of action the protestor desires that Purchasing Director take.

      5. All information establishing the timelines of the protest; and

      6. The signature of the protestor.

  2. Any bid protest must be filed within five (2) days of bid opening

  3. Upon receipt of a proper filing of a bid protest regarding the award of a contract, the City will not issue a notice to proceed to the contractor until the protest has been resolved, unless the work is necessary to protect the interests of the City.

  4. A decision on a protest will be made as expeditiously as possible after receiving all relevant information. The Purchasing Director reserves the right to proceed with the appropriate action in the procurement process or under the contract in the following cases:

    1. Where the Public Works project is urgently required;

    2. Where the Purchasing Director determines that protest was frivolous; and

    3. Where delivery or performance will be unduly delayed or other undue harm will occur, by failure to make the award promptly.

  5. All valid protests will be forwarded to City Council for review and the City shall not execute a contract for the project with anyone other than the protesting bidder without first providing at least two (2) full business days' written notice of the City’s intent to execute a contract for the project; provided, that the protesting bidder submits notice in writing of its protest no later than two (2) full business days following bid opening (RCW 39.04.105).

  6. The determination by the City Council on a bid protest is final and may not be appealed.

Date Passed: Monday, March 12, 2018

Effective Date: Saturday, April 21, 2018

ORD C35602 Section 3