Fayette Protests and Appeals for Goods and Professional Services Procurements ordinance (§ 112.120)

A. Settlements Of Issues Arising Out Of Procurements. The City alone is responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements.

B. Protests must be filed within seven (7) calendar days from the date notice of intent to award is issued. Failure to timely file a protest shall constitute a waiver of any right to protest. Untimely protests will not be accepted or considered. Any protest shall:

1. State in detail each and every ground asserted for the protest, citing to the law, rule, local ordinance, procedure or bid provision on which the protest is based; and

2. Identify the remedy sought.

3. Note: Specification related protests must be fully supported by technical data, test results, or other pertinent information that a rejected product or service offered is equal to or better than the specification requirement.

C. Protest Resolution Process.

1. Informal Resolution. After receiving a protest, the City Attorney, as applicable, will contact the protesting party at the earliest convenience to seek informal resolution and/or to clarify the issues.

2. Written Response. Within fourteen (14) calendar days following contact with the protesting party for informal resolution, the City shall provide a written response to the protesting party. The letter constitutes the applicable department's final decision on the protest and shall be considered the City's agency action.

D. No Stay Of Procurement Action During A Protest. Nothing in these Policies and Procedures shall be deemed to prevent the City of Fayette from proceeding with negotiations or awarding a purchase order or contract while a protest is pending.