back up for 10-01-2002 Special Called Regular Meeting

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I I '1 r'l ) ". ;,1 :1 L . r-I ~.:.~ ~....< "',1 ' '. ~i'. S . i'.1 I . l. , t~ .' '1 ~., t"1 t~~ ~".I !' "~ i.'~ ':.1 .' I I I I I I CHAPTER 9 - APPEALS AND REMEDIES SECTION 1 - BID PROTESTS 1. Right to 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 Manager unless the solicitation provides other avenues of appeal. Protestors are urged to seek resolution of their complaints initially with the Purchasing Agent, and then to the Director of Administrative Services. A protest with respect to an invitation for bids or request for proposals shall be submitted in writing prior to the opening of bids or the closing date of proposals, unless the aggrieved person did not know and should not have known of the facts giving rise to such protest prior to bid opening or the closing date for proposals. The protest shall be submitted within 10 calendar days after such aggrieved person knows or should have known of the facts giving rise thereto. . 2. Stay of ProClJrp.mp.nt During Protests: In the event of a timely protest under Section 1, the City shall not proceed further with the solicitation or award of the contract until all administrative and judicial remedies have been exhausted or until the City Manager makes a determination on the record that the award of a contract without delay is necessary to protect the substantial interests of the City. SECTION 2 - CONTRACT CLAIMS 1. Reqlle~t of di~putp. resolution: All claims by a contractor against the City relating to a contract, except bid protest, shall be submitted in writing to the responsible party, as specified in the contract, for a decision. The contractor may request a conference with the responsible party on the claim. Claims include, without limitation, disputes arising under a contract, and those based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or recision. 2. Notice to the Contractor of the Responsihle PartY!; nedsion: The decision of the responsible party shall be promptly issued in writing, and shall be immediately mailed or otherwise furnished to the contractor. The decision shall state the reasons for the decision reached, and shall inform the contractor of their appeal rights under Subsection 3 of this Section. 3. Finality of Responsible Party's Decision; Contractors Right to Appeal: The responsible party's decision shall be final and conclusive unless, within 10 calendar days from the date of receipt of the decision, the contractor mails or otherwise delivers a written appeal to the next level of authority as specified in the solicitation. 23