§ 2-577.2. Administrative appeals procedure.

(a)

The purchasing agent shall establish an administrative procedure for hearing protests of a decision to award or an award, appeals from refusals to allow withdrawal of bids, appeals from disqualifications and determinations of nonresponsibility, actions of debarment or suspension, and appeals from decisions on disputes arising during the performance of a contract, or any of these. Such administrative procedure shall provide for a hearing before a disinterested person or panel, the opportunity to present pertinent information and the issuance of a written decision containing findings of fact. The disinterested person shall not be an employee of the city and no member of the panel shall be an employee of the city. The findings of fact shall be final and conclusive and shall not be set aside unless the same are fraudulent, arbitrary or capricious, so grossly erroneous as to imply bad faith, or in the case of denial of prequalification, such findings were not based upon the criteria for denial of prequalification as set forth in subsection 2-560(b). No determination on an issue of law shall be final if appropriate legal action is instituted in a timely manner.

(b)

Any party to the administrative procedure, including the city, shall be entitled to institute judicial review if such action is brought within thirty (30) days of receipt of the written decision.

(Ord. No. 3910-89; Ord. No. 4967-96, § 1; Ord. No. 5476-00, § 1; Ord. No. 5999-04; Ord. No. 7036-14, § 1)

(Ord. No. 3910-89; Ord. No. 4967-96, § 1; Ord. No. 5476-00, § 1; Ord. No. 5999-04; Ord. No. 7036-14, § 1)