§ 7.900. Protests.

A.

Filing a Protest. In accordance with the terms and conditions of this Section, any actual or prospective bidder, proposer, offeror, respondent, or contractor who is aggrieved in connection with a solicitation or award of a contract may protest to the Chief Procurement Officer. A protest must be filed with the Chief Procurement Officer in writing within the times set forth in this Article and must be accompanied by the non-refundable filing fee and protest security set forth in Subsection B. below. The written protest should identify the party filing the protest, the solicitation or contract with respect to which the protest is being filed, the legal and factual grounds for the protest, the relief being requested, and contain all necessary information, legal authority, and evidence to support the protest.

B.

Non-refundable Filing Fee; Protest Bond or other Security. A protest must be accompanied by the payment of a two hundred fifty and no/100 dollar ($250.00) non-refundable filing fee. Said filing fee may be paid in cash, by bank or certified check, or by such other means as acceptable to the Chief Procurement Officer, and must be received prior to the expiration of the time for filing a protest. In addition to the filing fee, unless a different amount is specified in the terms of a particular solicitation, at the filing of the written protest, the aggrieved bidder, proposer, offeror, respondent, or contractor shall post with the Procurement and Contracts Division, a security in the form of a bond (in a form, and with such terms, approved by the Chief Procurement Officer) payable to the City of Orlando in an amount equal to one percent (1%) of the estimated price quoted, bid or proposal amount, or five thousand and no/100 dollars ($5,000.00), whichever is less. In lieu of a bond, the City may accept an irrevocable letter of credit, cashier's or certified check, or money order in the above referenced amount (in a form, and with such terms, approved by the Chief Procurement Officer). Such bond or other security must be received prior to the expiration of the time for filing a protest. If the protest is successful, the posted security will be refunded in full. If the protest is unsuccessful, the security shall be returned, less all fees, expenses, damages, costs and charges incurred by the City. Noncompliance with these requirements, in whole or in part, including the failure to pay the non-refundable filing fee or file a security in the full amount within the applicable deadline for filing of the protest, shall be deemed to be a waiver by the protestor of its rights under this ordinance.

C.

Costs. The protestor shall be liable for all of its own costs and expenses incurred related to a protest, including all appeals.

D.

Time for filing a Protest. A protest must be filed within seven (7) calendar days after such aggrieved person knows or should have known of facts giving rise thereto; provided, however that:

1.

Any protest with respect to the terms, conditions, specifications, or procedures contained in a solicitation must be filed by the date established by the Chief Procurement Officer and set forth in the solicitation. If no date is established for such protests in the solicitation, such a protest must be filed no later than seven (7) calendar days after the posting of the solicitation or the addendum containing the provision at issue.

2.

No protest of any kind with respect to a solicitation or contract may be filed more than seven (7) calendar days after the City's posting of a Notice of Intended Action to make an award or setting forth the final recommended rank order of respondents to a solicitation.

3.

Notwithstanding anything in this Procurement Code to the contrary, no protest may be filed or heard after the contract award has been approved by City Council, or the contract has been fully executed if City Council approval is not necessary.

E.

Prohibited Challenges. Notwithstanding anything in this Procurement Code to the contrary, the following matters may not be protested:

1.

If the City elects in its sole discretion to weight solicitation evaluation criteria or adopt a formula for evaluation, a protest may not challenge the relative weight assigned to the solicitation evaluation criteria by the City, or the formula adopted for evaluation. If the City elects in its sole discretion not to weight solicitation evaluation criteria or to adopt a formula for evaluation, a protest may not challenge such elections.

2.

A protest may not challenge a decision or action of the Chief Procurement Officer under Section 7.312 of the Code, entitled "Award, Cancellation or Rejection of Solicitations."

F.

Chief Procurement Officer's Decision. The Chief Procurement Officer shall attempt to settle or resolve protests, with or without a meeting or hearing, at the option of the Chief Procurement Officer. The Chief Procurement Officer may request information from, and speak individually or collectively to, any people or entities having information relevant to the protest, including but not limited to the protestor and other respondents to a solicitation. Copies of the protest and other records may be provided to any person or entity as deemed appropriate by the Chief Procurement Officer. The protesting party may not provide additional evidence or otherwise amend its protest after timely filing of a written protest without the approval or request of the Chief Procurement Officer granted prior to a written decision being rendered on the protest. The Chief Procurement Officer shall render a written decision on the protest within thirty (30) calendar days following receipt of the protest. The time for rendering a written decision may be extended by the City's Chief Financial Officer in the best interest of the City.

G.

Appeal of the Chief Procurement Officer's Decision. Any person aggrieved by the decision of the Chief Procurement Officer may appeal to the Chief Financial Officer within seven (7) calendar days from the date of the Chief Procurement Officer's written decision. Said appeal shall be in writing and shall state with specificity the grounds therefor and the action requested of the Chief Financial Officer. Said appeal shall be based solely upon the issues, arguments, information, and evidence before the Chief Procurement officer at the time of the written decision on the protest was issued. New issues, arguments, information, or evidence may not be submitted. The Chief Financial Officer shall attempt to settle or resolve the matter, with or without a meeting or hearing, at the option of the Chief Financial Officer. The Chief Financial Officer may request information from, and speak individually or collectively to, any person or entity having information relevant to the matter, including but not limited to the appealing party and other respondents to a solicitation, if any. Copies of the protest, appeal and other records may be provided to any person or entity as deemed appropriate by the Chief Financial Officer. The Chief Financial Officer shall render a written decision on the appeal within thirty (30) calendar days following receipt of the appeal, or notify the appealing party within said thirty (30) day period that additional time is required before a decision will be rendered.

H.

Appeal of the Chief Financial Officer's Decision. Decisions of the Chief Financial Officer may be appealed to City Council by submission to the City Clerk of a written request for hearing within seven (7) calendar days from the date of the Chief Financial Officer's written decision. The written request shall state with specificity the grounds for the appeal and also the action requested of City Council. Said appeal shall be based solely upon the issues and information before the Chief Financial Officer at the time the written decision on the appeal was issued. New issues, arguments, information, or evidence may not be submitted. When an appeal is scheduled for oral presentation before City Council, the appellant and City staff shall each be given ten (10) minutes to present the appeal and response. In its discretion, City Council may extend the time allotted for argument and/or allow other interested persons to speak.

I.

Finality. A final decision under this section shall be conclusive and shall represent the position of the City.

J.

Timeliness; Jurisdiction. Timely filing of the protest and/or appeals, including any and all required fees and bonds, is jurisdictional. Notwithstanding any provision of this Section to the contrary, in the event that the final day for a City employee or official to respond or for a person to file a protest or appeal with the Chief Procurement Officer, Chief Financial Officer, or City Clerk falls on a Saturday, Sunday, or a City observed holiday, the date for responding or filing such protest or appeal shall be extended until the next day which is neither a Saturday, Sunday, or City observed holiday. In accordance with the provisions of Section 7.106 of this Procurement Code, any notice, filing, or other submission received by the City after the close of the City's business hours at 5:00 p.m. local time, shall be deemed received by the City effective as of the next business day of the City.

K.

Stay Pending Protest and Appeal. In the event of a timely protest and/or appeal, the City shall not proceed further with the solicitation or with the award of the contract unless the Chief Procurement Officer, after consultation with the head of the using agency, forwards to the Chief Financial Officer a written request to award the contract without delay in order to protect the public health, welfare or safety, and such request is approved by the Chief Financial Officer.

L.

Reservation of Rights. Nothing in this Section shall be deemed to preclude the City at any time in its discretion from raising and considering any issue related to a solicitation or award, requesting or accepting additional information, or resolving any protest or subsequent appeal on any ground or basis as may be in the best interest of the City.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201; Ord. No. 2016-47, § 1, 5-23-2016, Doc. #1605231202)