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Chapter
7
Purchasing Code |
Sec. 7.14. Appeal of
Director of Purchasing and Materials
Management Decision
A. Any
actual or prospective bidder, proposer, offeror or contractor who
is aggrieved in connection with a solicitation or award of a bid
or contract may protest to the Director within seven (7) calendar
days after such aggrieved person knows or should
have known of facts giving rise thereto, provided the bid award or
contract has not been approved by City Council, or the
contract
has not been fully executed if City Council approval is not
necessary.
B. At
the filing of the written protest, the aggrieved bidder, proposer,
offeror or contractor shall post with the Office of Purchasing and
Materials Management, a security in the form of
a bond (in a form, and with such terms, approved by the Director)
payable to the City of Orlando in an amount equal to one percent
(1%) of the estimated price quoted, bid or proposal amount, or
five thousand and no/100 dollars ($5,000.00) whichever is less. In
lieu
of a bond, the City may accept an irrevocable letter of credit,
cashier's or certified check, or money order in the above
referenced amount (in a form, and with such terms, approved by the
Director).
If the protest is successful, the posted security will be refunded
in full. If the protest is unsuccessful, the security shall be
returned, less all fees, expenses, damages, costs and charges
incurred by the City. Noncompliance with this requirement, in
whole or in part, shall be deemed to be a waiver by the protestor
of their rights under this ordinance.
C. The
Director shall attempt to settle or resolve protests, with
or without a hearing at the option of the Director. The Director
shall render a decision, in writing, within seven (7) calendar
days
following receipt of the protest.
D. Any
person aggrieved by the decision of the Director may appeal to the
Chief Administrative Officer within seven (7) calendar days from
the date of the Director's written decision. Said appeal shall be
in writing and shall state with specificity the grounds therefor
and also the action requested of the Chief Administrative Officer.
The Chief Administrative Officer shall attempt to settle or
resolve the matter, with or without a hearing at the option of the
Chief Administrative Officer. The Chief Administrative Officer
shall render a decision, in writing, within seven (7) calendar
days
following receipt of the appeal.
E. Decisions
of the Chief Administrative Officer may be appealed to City
Council by submission to the City Clerk of a written request for
hearing within seven (7) calendar days from the date of the
Chief Administrative Officer's written decision. The written
request shall state with specificity the grounds for the appeal
and also the action requested of City Council.
F. A
final decision under this section shall be conclusive and shall
represent the position of the City.
G. Timely
filing of the protest and/or appeals is jurisdictional.
H. In
the event of a timely protest and/or appeal, the City shall not
proceed further with the solicitation or with the award of the
bid/contract unless the Director, after consultation with the head
of the using agency, forwards to the Chief Administrative Officer
a written request to award the bid/contract without delay in order
to protect the public health, welfare or safety.
(Ord. of 6-27-1983, Doc.
#17874; Ord. of 7-18-1988, Doc. #22235; Ord. of 9-12-1988, Doc.
#22393; Ord. of 7-8-1996, Doc. #29463; Ord. of 10-14-2002, § 1,
Doc. #021014701)
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