§ 2-277. Bid protest.

(a)

Any person who is adversely affected by the city's decision or intended decision shall file with the city purchasing manager a notice of protest in writing within 72 hours after the posting of the notice of decision or intended decision as set forth on a city council agenda item or other routinely used on-line government procurement service. With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, bids, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. Saturdays, Sundays, and city holidays shall be excluded in the computation of the 72-hour time period established herein.

(b)

The formal written protest shall be filed with the purchasing manager, in writing within ten calendar days after the date the notice of protest is filed. The formal written protest shall state with particularity the facts and law upon which the protest is based.

(c)

Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings.

(d)

Upon receipt of the formal written protest that has been timely filed, the city shall stop the solicitation or contract award process until the subject of the protest is resolved by final city action. However, the city may continue the solicitation or award process, provided the city manager sets forth in writing particular facts and circumstances, which require the continuance of the solicitation or contract award process without delay, in order to avoid an immediate and serious danger to the public health, safety or welfare. The city shall provide an opportunity to resolve the protest by mutual agreement between the parties in the following manner:

(1)

As soon as possible after receipt, the purchasing manager shall provide written bid protest to the city manager, city attorney, department head involved and supervisor directly involved in the acquisition.

(2)

The purchasing manager shall schedule within seven business days, excluding weekends and holidays a meeting with the above-mentioned individuals or designee and protestor. The intent of the meeting is to provide a review and/or solution prior to going before council. After reviewing all relevant information, the city manager shall render a decision.

(3)

If the protester disagrees, he may appeal to the city council at a formal council meeting. After reviewing the evidence, the city council will issue their decision. The city council's decision is final; however, the protester can appeal the administrative decision to the Circuit Court in Volusia County, Florida within 30 days of the city council's final decision. Decisions at all levels shall be in writing to the protestor.

(Ord. No. 2015-29 , § 1, 8-18-2015)