§ 29-436. Authority to resolve protested solicitations and awards.

(a)

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 purchasing director. The protest shall be submitted in writing within seven days after such aggrieved person knows or should have known of the facts giving rise thereto.

(b)

Authority to resolve protests. The purchasing director, or a designee of either officer shall have the authority, prior to the commencement of an action in court concerning the controversy, to settle and resolve a protest of an aggrieved bidder, offeror, or contractor, actual or prospective, concerning the solicitation or award of a contract. This authority shall be exercised in accordance with regulations promulgated by the unified government administrator.

(c)

Decision. If the protest is not resolved by mutual agreement, the purchasing director shall promptly issue a decision in writing. The decision shall state the reasons for the action taken.

(d)

Notice of decision. A copy of the decision under subsection (c) of this section shall be mailed or otherwise furnished immediately to the protestant and any other party intervening.

(e)

Finality of decision. A decision under subsection (c) of this section shall be exercised in accordance with regulations promulgated by the unified government administrator.

(f)

Stay of procurements during protests. In the event of a timely protest under subsection (a) of this section, the unified government shall not proceed further with the solicitation or with the award of the contract until all administrative or judicial remedies have been exhausted or until the purchasing director, after consultation with the head of the user department or the head of a procuring agency, makes a written determination that the award of the contract without delay is necessary to protect substantial interests of the unified government.

(g)

Entitlement to costs. When a protest is sustained and the protesting bidder or offeror should have been awarded the contract under the solicitation but is not, the protestor, in addition to any other relief, shall be entitled to the reasonable costs incurred in connection with the solicitation, including bid preparation costs other than attorney's fees.

(Ord. No. 64497, § 1(9-101), 6-27-1983)