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2.60.430 Protests and judicial review of sole-source procurements.
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An affected person may protest the determination that goods or services or a class of goods or services are available from only one source as provided in this section.

(1) Delivery – Late Protests. An affected person shall deliver a written protest to the City Manager within seven days after the first date of public notice of a proposed sole-source procurement is placed on the City’s website, unless a different period is provided in the public notice.

(a) The written protest shall include a fee in an amount established in a schedule adopted by the City Manager to cover the costs of processing the protest.

(b) A protest submitted after the timeframe established under this subsection is untimely and shall not be considered.

(2) Content of Protest. The written protest shall include:

(a) A detailed statement of the legal and factual grounds for the protest;

(b) Evidence or documentation supporting the grounds on which the protest is based;

(c) A description of the resulting harm to the affected person; and

(d) The relief requested.

(3) Additional Information. The City Manager may allow any person to respond to the protest in any manner the City Manager deems appropriate by giving such person written notice of the time and manner whereby any response shall be delivered.

(4) City Manager Response. The City Manager shall issue a written disposition of the protest in a timely manner.

(a) If the City Manager upholds the protest, in whole or in part, the proposed sole-source contract shall not be awarded.

(b) If the City Manager upholds the protest, in whole or in part, the City shall refund the fee required to be delivered with the protest.

(5) Judicial Review. An affected person may not seek judicial review of an election not to make a sole-source procurement.

(a) Before seeking judicial review of the approval of a sole-source procurement, an affected person shall exhaust all administrative remedies.

(b) Judicial review shall be in accordance with ORS 279B.400. (Ord. 135 § X(C), passed 3-13-2018)