§ 2-1161. Authority to resolve protested solicitations and awards.

(a)

Right to protest. Any actual offeror that has submitted a bid/proposal for a particular procurement and is aggrieved in connection with the solicitation or award of the contract shall protest in writing to the chief procurement officer after the date that the specific bid or proposal is submitted. No protest will be accepted or considered prior to the date the specific bid or proposal is submitted; it will be considered untimely. All protests shall set forth in full detail the factual and legal bases for the protest and specific relief sought by the protestor. Protests arising from factual or legal bases that the protestor knew or should have known prior to the submission of the bid/proposal must be submitted within three days of the submission of the bid/proposal. Protests arising from factual or legal bases that the protestor knew or should have known subsequent to the date the bid/proposal was submitted must be submitted within ten days after the protestor knew or should have known of such bases, but in no event shall any protest be submitted more than ten days after the award of the contract. Untimely protests will not be considered by the chief procurement officer and will be simply denied as untimely.

(b)

Posting of protest security. Any actual offeror submitting a written bid/proposal that files a protest must, at the time of filing, post security in the amount of one percent of the financial offer of the protestor or, in the event the bid/proposal does not involve a fixed financial offer either in the form of payment of monies to the city or payment of monies to the offeror, $100,000.00, to be tendered in the form of a bond or certified check.

(c)

Application of protest security. If the chief procurement officer denies the protest, he/she shall assess against the protestor reasonable attorneys' fees and other administrative costs incurred by the city in reviewing and responding to the protest. If the city is represented by its law department, such fees and costs will be calculated at the hourly rate of each attorney participating in the review and response to the protest set forth in each attorney's most recent city paycheck times the number of hours worked by such participating attorneys on the protest, or if Georgia Law permits a greater hourly rate, such greater rate, plus all out of pocket costs of the city concerning the protest. If the city is represented by outside counsel, such fees and costs will be calculated at the billing rates of the firm's attorneys participating in the review and response to the protest, times the number of hours worked by such participating attorneys, plus all out of pocket costs of the firm concerning the protest. Within 15 days of denying the protest, the chief procurement officer, in consultation with the city's law department and outside counsel, if any, will calculate the city's cost in reviewing and responding to the protest and will apply the protester's bond or certified check to such costs. Any remaining balance of the bond or certified check will be returned to the protestor; provided, however, if the protester files an appeal of the city's denial of its protest pursuant to code section 2-1166, such certified check or bond will continue to be retained by the city to cover the costs of the city associated with such appeal.

(d)

Decision on protest. If a protest is timely filed, the chief procurement officer shall inform the protestor of the decision in writing within ten days or, if the chief procurement officer requires more than ten days to render a decision, will advise the protestor within the initial ten days of the additional amount of time required to render a decision on the protest.

(e)

Finality of decision. A decision under subsection (d) of this section is final and conclusive, unless fraudulent or the protestor, having the right to file under this division, files an administrative appeal with the procurement appeals hearing officer in accordance with this division.

(Ord. No. 2009-78(09-O-1876), § 3, 12-15-09)