2.60.440 Protests and judicial review of personal services procurements.
An affected person may protest the procurement of a personal services contract as provided in this section.
(1) Delivery. Unless otherwise specified in the solicitation document, the protest shall be in writing and delivered to the City Manager.
(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) Protests of the procurement of a specific contract as a personal services contract shall be made prior to closing.
(c) Protests to the award or an intent to award a personal services contract shall be made within seven days after issuance of the intent to award, or if no notice of intent to award is given, within 48 hours after award.
(d) Protests submitted after the timeframe established under this subsection are untimely and shall not be considered.
(2) Contents of Protest. The written protest shall:
(a) Specify all legal or factual grounds for the protest as follows:
(i) A person may protest the solicitation on the grounds that the contract is not a personal services contract or was otherwise in violation of this Code or applicable law. The protest shall identify the specific provision of this Code or applicable law that was violated.
(ii) A person may protest award or intent to award for the reason that:
(A) All proposals ranked higher than the affected persons are nonresponsive;
(B) The City failed to conduct the evaluation of proposals in accordance with the criteria or processes described in the solicitation document;
(C) The City abused its discretion in rejecting the affected person’s proposal as nonresponsive; or
(D) The evaluation of proposals or the subsequent determination of award is otherwise in violation of this Code or applicable law;
(iii) The protest shall identify the specific provision of this Code or applicable law that was violated by the City’s evaluation or award;
(b) Include evidence or supporting documentation that supports 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 personal services contract procurement shall be cancelled, or the contract shall not be awarded, as the case may be.
(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. Before seeking judicial review, an affected person shall exhaust all administrative remedies. Judicial review shall be in accordance with ORS 279B.420. (Ord. 135 § X(D), passed 3-13-2018)