4.15.090 Appeal.
(a) The City Manager’s decision granting or denying the protest may be appealed to the City Council.
(b) The protester may seek review of the Manager’s decision by providing notice of request for review to the City Clerk. Notice of intent to seek review of the decision shall be filed with the Clerk by the end of the working day following issuance of the Manager’s decision on the protest.
(c) A written request for review shall be filed within five working days after the Manager’s decision on the protest. The request 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 appealing including a specific description of the error, if any, in the factual and legal conclusions of the Manager’s decision on the protest;
(4) The form of relief requested; and
(5) The signature of the person making the appeal or that person’s representative.
(d) The City Council shall schedule and conduct a hearing on the appeal within seven days of receipt of the written request for review. Hearings shall be conducted informally, with due regard for the rights of the parties, and shall be recorded.
(e) The Council shall decide whether to grant or reject the appeal based on the provisions of this Code, applicable State case law and generally accepted principles of governmental purchasing as set forth in the standard treatises, decisions of the United States Comptroller General and similar authorities. The decision shall contain findings of fact and conclusions of law. The Council’s decision shall be appealed to the superior court only if the appeal is made within 30 days.
(f) The protest and appeal provisions established by this section may be adopted for particular procurement as necessary to maintain eligibility for State and Federal funding. [Code 1979 § 06.06.090.]