[Ord. No. 2014-05 §§ 1 — 2, 4-8-2014]
A.
Right To Protest. Any actual or prospective bidder
who is aggrieved in connection with the solicitation or award of a
contract may protest to the Purchasing Manager. The protest shall
be submitted in writing within forty-eight (48) hours after such aggrieved
person knows or should have known of the facts giving rise thereto.
The protest shall identify specific issues that are being protested
and the facts that the protestor believes supports his or her claim
(it is the protestor's responsibility to establish his or her
case).
B.
Review Of Protest. The Purchasing Manager shall
have the authority to resolve a protest of an aggrieved bidder concerning
the solicitation or award of a contract. This authority shall be exercised
In accordance with the City's purchasing policy and subject to
the approval of the City Administrator.
C.
Decision. The Purchasing Manager shall issue a decision
in writing within three (3) days of receipt of the protest. The decision
shall state the reasons for the action taken.
D.
Notice Of Decision. A copy of the decision under
Section 135.230(c) of this Article shall be mailed or otherwise furnished
immediately to the protestor and any other party intervening.
E.
Appeal. A protestor may appeal the decision of the Purchasing Manager by submitting a written appeal to the City Administrator within five (5) business days of the date of the Purchasing Manager's decision under Section 135.260(c) of this Article. The written appeal shall state with specificity the facts supporting the protestor's position. The appeal shall be reviewed by the City Administrator, or his designee, who will issue a decision in writing within five (5) business days of receipt of the protestor's timely flied written appeal.
F.
Finality Of Decision. A decision under Section 135.260(c) of this Article shall be considered final and is not subject to appeal or further consideration unless a timely appeal is filed under Subsection (E). In the event of a timely appeal under Subsection (E), the decision of the City Administrator, or his designee, shall be considered final and not subject to appeal or further consideration.
G.
Stay Of Procurements During Protests. In the event of a timely protest under Section 135.260(A) of this Article, the City of Eldon shall not proceed further with the solicitation or with the award of the contract until the Purchasing Manager Issues a decision under Subsection (c) (or until the City Administrator, or his designee, renders a decision on appeal pursuant to Section 135.260(E) of this Article), or until the Purchasing Manager, after consultation with the City Administrator, makes a written determination that the award of the contract without delay is necessary to protect substantial interests of the City of Eldon.
H.
The procedure provided by this Article is intended solely as an attempt
to provide bidders with the opportunity to communicate perceived issues
to the City's Purchasing Department. It is not intended to create
any legal right, cause of action, property interest or independent
means of redress that does not otherwise exist under Missouri law.
This Article shall not serve to abrogate or effect the City's
exclusive right to determine the lowest and most responsible bidder
in any particular bid situation.
