Sec. 126.901. - Authority to resolve protests.

(a) Right to protest. Any actual or prospective bidder, proposer, respondent, or contractor who is aggrieved in connection with the competitive solicitation or award of a contract may protest to the Chief. The protest shall be submitted in writing in accordance with the protest procedures contained in the Procurement Operating Manual. (b) Authority to resolve protests. The Chief shall have the authority to settle and resolve a protest of an actual or prospective aggrieved bidder, proposer, respondent, or contractor concerning the competitive solicitation or award of a contract. This authority shall be exercised in accordance with regulations promulgated by JPAC. (c) Decision. If the protest is not resolved by mutual agreement, the Chief 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 this 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 protests administratively to JPAC. (f) Stay of procurements during protests. In the event of a timely protest under this Section, the City shall not proceed further with the competitive 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 City. (Ord. 2023-20-E , § 3)