§ 2-1166. Appeals.  


Latest version.
  • (a)

    Time for filing notice of appeal. For an appeal before a procurement appeals hearing officer under section 2-1165, the aggrieved person shall file a notice of appeal with the chief procurement officer with a copy to the head of the applicable using agency and city attorney within seven days of receipt of the notice of an adverse action by the chief procurement officer concerning the person's protest.

    (b)

    Notice of hearing date; hearing. Upon receipt of the notice of appeal from the aggrieved party by the chief procurement officer, the chief procurement officer shall forward the notice to a procurement appeals hearing officer within three days of receipt of the notice. The duties of the procurement appeals hearing officer shall be as follows:

    (1)

    The procurement appeals hearing officer shall set a hearing date not more than seven days from the date of receipt of the notice from the chief procurement officer. The officer shall cause notice of the hearing date, time and location to be served upon all parties, by registered mail.

    (2)

    At the hearing, all parties shall be provided a fair and impartial hearing and shall be allowed to produce any and all admissible evidence in either party's possession concerning the appeal.

    (c)

    Decision. The procurement appeals hearing officer shall, within seven days of the hearing, make a written decision on the appeal, which decision shall affirm or deny the decision by the chief procurement officer. The officer shall decide whether:

    (1)

    The solicitation or award being appealed was in accordance with applicable law and the terms and conditions of the solicitation; or

    (2)

    The debarment or suspension being appealed was in accordance with applicable law and in the best interest of the city and was fair.

    (d)

    Notice of decision. The procurement appeals hearing officer shall issue written notice of the decision on the appeal to all parties within seven days of the hearing. The notice of the decision shall be sent to all parties by registered mail and shall set forth the reasons for the decision.

    (e)

    Standard of review for factual issues. A determination of an issue of fact by the procurement appeals hearing officer shall be final and conclusive, unless arbitrary, capricious, fraudulent or clearly erroneous.

    (f)

    Discontinuance of appeal. After a notice of appeal to the chief procurement officer has been filed, a protestor may not discontinue such appeal without prejudice, except as authorized by a procurement appeals hearing officer.

    (g)

    Recovery of costs by the city. If at the procurement appeals hearing, the city prevails, the procurement appeals hearing officer shall assess against the protestor reasonable attorneys' fees and costs incurred by the city in preparing for and attending the hearing. If the city is represented by its law department, for each attorney participating in the appeal, such fees and costs will be calculated at the hourly rate of pay as set forth in each attorney's most recent city paycheck multiplied by the number of hours worked by such participating attorneys on the appeal, plus all out of pocket costs of the city concerning the appeal, such as copying costs, transcription fees, litigation services fees, etc. If the city is represented by outside counsel at the hearing, such fees and costs will be calculated at the billing rates of the firm's attorneys participating in the appeal, times the number of hours worked by such participating attorneys, plus all out of pocket costs of the firm concerning the appeal. If the protestor appeals the decision of the procurement appeals hearing officer to the superior court, the city shall continue to hold the bond or certified check of the protester pending the results of the appeal to superior court. If the protester is unsuccessful in the superior court, the city shall deduct from the bond or certified check all of its costs associated with its review and response to the protest, its preparation for and attendance at the procurement appeals hearing and its response to, preparation for and attendance at any hearing held in superior court concerning protest and subsequent appeals. The city's costs in responding to, preparing for and attending any hearing in the superior court will be calculated in the same manner as its costs in preparing for and attending a procurement appeals hearing.

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