§ 66-151. Protests.

(a)

Right to protest. The right to protest is intended only to remedy procedural or legal errors committed during the procurement solicitation which, if corrected, would result in the selection of the person or entity filing the protest.

(b)

Notice of protest . A protest is commenced by filing a notice of protest with the procurement official. The notice of protest must:

(1)

Be in writing;

(2)

Identify the name of the respondent and procurement solicitation number; and,

(3)

Provide a short, plain statement identifying the procedural or legal error on which the protest is based.

(c)

Time for filing a notice of protest. A protest shall be filed with the procurement official within seven calendar days of the first date that the respondent knew or should have known of the facts giving rise to the protest, but no later than seven calendar days after the issuance of a notice of intent to award. The protest shall be considered filed when received by the procurement official.

(d)

Decision of the procurement official. The procurement official shall review the protest and shall issue a written decision as soon as practicable after such review is completed. The procurement official shall deliver the written decision to the respondent by electronic mail, unless the respondent has previously notified the procurement official of a preferred alternative means of delivery, i.e. U.S. mail, fax, or pickup.

(e)

Appeal of the procurement official decision to city commission. The decision of the procurement official may be appealed by filing a written notice of appeal with the procurement official within seven calendar days from the date of the procurement official's written decision.

(f)

Hearing by the city commission. On receipt of a timely appeal as provided in subsection (e) above, the procurement official shall schedule a hearing before the city commission. The hearing shall not be a de novo review, but rather shall be limited to the review of the record or evidence on which the procurement official's decision was based.

(g)

Decision of the city commission. The city commission will either approve or reject the procurement official's decision. The decision of the city commission shall be deemed final upon execution by the mayor.

(h)

Appeal of the city commission's decision. An appeal of the decision of the city commission shall be to the Appellate Division of the Fifteenth Judicial Circuit, Palm Beach County, Florida, and shall be filed within 30 calendar days from the written decision of the city commission.

(i)

Costs; bond requirements. Any protestor that files a protest with the city protesting a decision pertaining to a procurement solicitation, shall, at the time of filing the formal written protest, post with the city a bond, cashier's check, or money order payable to the city in an amount equal to ten percent of the value of the protestor's bid or estimated contract value or $10,000.00, which ever is less. Said bond, cashier's check, or money order shall remain posted during the pendency of any appeal. If the protestor does not prevail, the city's costs and charges, excluding attorneys' fees, shall be paid from such bond, cashier's check, or money order. The bond shall contain the condition that all of the city's costs and charges in defending the protest and any subsequent appeal shall be payable from such bond. The balance of the funds shall be returned to the protesting party. No protest will be considered without posting the required bond or delivery of a cashier's check or money order at the time of filing the protest.

(j)

No protest allowed. A respondent who was disqualified under section 66-121 is not eligible to file a protest.

(Ord. No. 4292-10, § 2, 12-13-2010)