1. Filing 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 city council. A protest with respect to an invitation for bids shall be submitted in writing prior to the opening of bids or the closing date for proposals, unless the aggrieved person did not know and should not have known of the facts giving rise to the protest prior to bid opening or the closing date for proposals. The protest shall be submitted in writing within five (5) working days after the aggrieved person knows or should have known of the facts giving rise thereto.
2. Proceed With Procurement: After a protest is received, the city may proceed with the procurement except that the purchasing agent may suspend the procurement process for so long as he or she determines is appropriate.
3. Protest Procedure: In reviewing the protest the city council may:
1. Designate another individual to assist in reviewing the matter, which assistance may include finding facts, analyzing the protest, and making recommendations.
2. Request additional information from the protesting party or from other persons to make a determination. The protesting party shall provide all requested information reasonably needed to decide the protest except information that is protected from disclosure by law, or which could reasonably be expected to result in unfair competitive injury to the protestor in spite of the protections for the protestor provided by law.
4. Decision On Protest:
1. The city council shall promptly issue a written decision regarding any protest or contract controversy if it is not settled by a mutual agreement. The decision shall state the reasons for the action taken and inform the protestor, contractor, or prospective contractor of the right to judicial or administrative review as provided in this chapter.
2. This decision shall be effective until stayed or reversed on appeal. A copy of the decision under subsection D1 of this section shall be mailed or otherwise furnished immediately to the protestor, prospective contractor, or contractor. The decision shall be final and conclusive unless the protestor, prospective contractor, or contractor commences an action in court in accordance with section 63G-6-815 of the Utah procurement code, as amended.
3. If the city council does not issue the written decision regarding a contract controversy within sixty (60) calendar days after submission of the written protest, or within such a longer period as may be agreed upon by the parties, then the contractor may proceed as if an adverse decision had been received.
5. Final Decision: Once a final decision has been issued, if an action is not commenced in district court pursuant to section 63G-6-815 of the Utah procurement code, within fourteen (14) calendar days after receipt of a final administrative decision the city council's decision is final and unappealable.
6. Application Of Utah Procurement Code: The city adopts the Utah procurement code only to the extent indicated in subsections D and E of this section. Unless otherwise specified herein, no other provision of the Utah procurement code applies to the city's purchasing system and all city purchases must be made in compliance with the terms of this chapter. (Ord. 11-01, 2-24-2011)