4.15.080 Protests and remedies.
(a) An interested party may protest the award of a contract, the proposed award of a contract, or a solicitation for supplies, services, professional services or construction. The protest shall be filed with the City Manager, in writing, and shall include the following information:
(1) The name, address and telephone number of the protester;
(2) A description of the contract or proposed contract at issue;
(3) A detailed description of the legal and factual grounds for the protest including copies of relevant documents;
(4) The form of relief requested;
(5) The signature of the protester or the protester’s representative; and
(6) A protest filing fee of $800.00 which shall be returned to the protester only if the protester is successful in its protest.
(b) A protest alleging impropriety or ambiguities in a solicitation must be filed at least 10 days before the due date of the bid or proposal. If a solicitation is made on shortened time, the protest must be made before the bid or proposal is due.
(c) A protest alleging impropriety in the award of a contract or proposed award of contract must be made within five days after a notice of intent to award is issued by the City Manager, unless a protester shows good cause, then the Manager may consider a protest that is not timely. The Manager shall reject an untimely or incomplete protest.
(d) The Manager shall give notice of the protest to the contractor if a contract has been awarded and if no award has been made, to all interested parties.
(e) If a timely and complete protest is filed, the award of the contract shall be stayed until the protest is resolved. However, the Manager may award the contract regardless of the filing of the protest if the Manager finds:
(1) No reasonable probability that the protest will be sustained; or
(2) Stay of the award is not in the best interest of the City.
(f) The City Manager, with concurrence of the City Attorney, shall issue a written decision containing the basis of the decision within 10 days after the protest is filed.
(g) If the City Manager sustains the protest, the appropriate remedy shall be based on:
(1) The circumstances surrounding the solicitation, including the seriousness of the deficiencies;
(2) The degree of prejudice to other interested parties;
(3) The integrity of the procurement system;
(4) The good faith or bad faith of the parties;
(5) The extent to which the purchase has been accomplished;
(6) The cost to the City of a proposed remedy; and
(7) The urgency of the procurement to the welfare of the City.
(h) Notwithstanding other remedies set forth above, if a protest is sustained in whole or part, the protester’s damages are limited to reasonable bid or proposal preparation costs. [Code 1979 § 06.06.080.]