§ 2-1472. Appeals.

(a)

Appeal to procurement hearing officer. Where the chief procurement Officer finds the vendor or subcontractor to be non-responsible pursuant to section 2-1471 above, the chief procurement officer shall notify the vendor in writing via certified mail, setting forth in detail the basis for said finding. The entity that is the subject of the finding may appeal the finding pursuant to section 2-1166 of the procurement code.

(b)

Appeal to contract compliance hearing officer. Where the office of contract compliance finds the vendor or subcontractor to be in violation of the non-discrimination policy pursuant to subsection 2-1470(a), but the chief procurement officer finds the vendor or subcontractor to be otherwise responsible, the chief procurement officer shall notify the vendor or subcontractor in writing via certified mail, setting forth in detail the basis for said finding. The entity that is the subject of finding may appeal the decision to the contract compliance hearing officer pursuant to the following procedure:

(1)

Time for appeal. The appellant shall submit its written appeal to the director of the office of contract compliance within seven calendar days of receiving the certified notification letter. Filing of the appeal shall be accomplished by hand delivery of the appeal document to the office of contract compliance during normal business hours, and shall be evidenced by the appellant's receiving an office of contract compliance date stamp on her/his copy of the appeal.

(2)

Form and content of appeal. The appeal shall be in writing and shall state with specificity all of the facts and legal basis upon which the appellant contests the office of contract compliance finding. In addition, the appellant shall include with its protest all supporting documentation. Within two business days of the office of contract compliance's receipt of the appeal, the office of contract compliance shall forward the appeal to the contract compliance hearing officer.

(3)

Contract compliance hearing officer determination. The contract compliance hearing officer shall consider the appeal, and shall hold a hearing no later than seven days after the officer's receipt of the appeal to determine the merits of the appeal.

(4)

Notification to appellant of contract compliance hearing officer decision. The contract compliance hearing officer shall issue a written decision regarding the appeal within seven days of the hearing. The written decision shall provide in detail the basis for the determination. The contract compliance hearing officer shall send a copy of the decision by certified mail to the office of contract compliance and to the appellant. If the contract compliance hearing officer upholds the contract compliance officer's finding, the appellant shall have the right to appeal the matter to the Fulton County Superior Court through a writ of certiorari.

(Ord. No. 2009-78(09-O-1876), § 12, 12-15-09)