17.1 Generally. Procurement protests shall be administered as set forth in this chapter.
17.2 Small Purchase Protests. The following is provided to assist with the City's review of problems relating to small purchases in light of the City's policy to impose minimal procedural requirements on these purchases. If small purchases are made under Procurement Rules Section 11.3, they are not subject to protest. Comments regarding these purchases may be sent to the responsible Procurement Official. Any person may protest a small purchase procurement made under Procurement Rules Section 11.2 as follows:
A. What to Submit. The protestor shall submit to the responsible Procurement Official a written protest containing the following information:
1. The nature and factual basis of the protest with sufficient detail to permit review, including the name and number by which the procurement is identified, if any.
2. The protestor's name.
3. A mailing address where the City shall deliver a response. Delivery shall be effective when the City places the response in the mail.
B. Effect of Submission. In the event of any protest, the City may proceed with the procurement.
C. Review and Determination. Upon receipt of a protest, the Procurement Official shall review the circumstances of the procurement, and shall determine whether the protest has merit. If the protest has merit, the Procurement Official may modify or cancel the procurement if practicable, shall adjust administrative procedures if necessary to prevent future procurement problems, and may take other action as the official may determine. The Procurement Official shall consult with the City Attorney's Office as needed. The Procurement Official shall notify the protestor of any determination.
D. Appeal. No small purchases protests may be appealed.
17.3 Procurement Protests. A procurement that is not a small purchase procurement may be protested as follows:
A. Who May Submit. Only a bidder or offeror participating in a procurement may submit a protest.
B. What to Submit. The protestor shall submit a written protest containing the following information:
1. The nature and factual basis of the protest with sufficient detail to permit review, including the name and number by which the procurement is identified, if any.
2. The protestor's name.
3. A mailing address where the City shall deliver a response. Delivery shall be effective when the City places the response in the mail, and notice by mail shall be deemed sufficient. If the protestor includes a fax number and requests that a copy be sent by fax, the City will make one attempt to fax the response to that number.
C. Who to Submit to. The protestor shall submit the protest to the Procurement Official having responsibility for the procurement.
D. When to Submit. Protests will be timely if submitted before the time for submission of bids or the closing date for proposals. Any protest submitted thereafter may not be timely, and the protest must specify how and when the protestor determined that the protestor had reason to submit a protest so the Procurement Official can determine whether the protest is timely.
E. Initial Determination. If a protest is submitted, the Procurement Official shall make an initial determination as follows:
1. Without Merit. The Procurement Official shall promptly determine whether a protest is without merit. If the protest is without merit, the City shall proceed with the solicitation and award, and shall notify the protestor in writing of the determination. Without limitation, a protest is without merit when:
a. The protest is not timely, or fails to comply with any requirements under this chapter.
b. Based on the face of the protest and the facts known to the Procurement Official, the protest does not state an issue which is reasonably subject to dispute.
2. Requires Review. If the Procurement Official cannot determine whether a protest is without merit, the official shall determine that the circumstances of the protest must be reviewed. The official shall notify the protestor in writing of this determination, and shall not proceed further with the solicitation or award except as provided in Procurement Code § 3.24.210(D).
F. Determination of Protest. After reviewing the circumstances of a protest that requires review, the Procurement Official shall allow or deny the protest, and notify the protestor in writing of the determination. If the protest is allowed, the official shall determine appropriate actions in light of the circumstances and Procurement Code §§ 3.24.230 and 250, and shall consult with the City Attorney's Office as needed.
G. Appeal. A protestor may appeal the denial of a protest, or a determination that a protest is without merit, in the following manner:
1. What to Submit. The protestor shall submit an appeal specifying in writing all legal and factual grounds for the protestor's objection to the City's determination.
2. Who to Submit to. The protestor shall submit the written appeal to the Procurement Official who issued the determination.
3. When to Submit. Appeals must be submitted within five business days from the time when the City delivers its determination.
H. Determination of Appeal. Appeals shall be determined as follows:
1. Effect of Submission. Upon receipt of an appeal, the City shall not proceed further with the solicitation or award except as provided in Procurement Code § 3.24.210(D).
2. Who Determines. The Procurement Official shall deliver an appeal to the Mayor (or designee) to initiate formation of a Protest Appeals Board. The Mayor (or designee) will assign two department directors and one procurement official (all of which cannot be involved in the solicitation or initial protest determination) to participate as the Protest Appeals Board to review and make a determination regarding the protest appeal that had been submitted. The Protest Appeals Board may involve other persons that it believes may be beneficial to assisting with the determination.
3. Manner of Review. The Protest Appeals Board shall review appeals in the following manner:
a. The Protest Appeals Board shall determine what it needs to examine in connection with the review, such as a review of relevant written materials, hearing testimony, receiving written statements, or other matters. The Protest Appeals Board shall consider both the City's position and the position of the protestor prior to making a decision.
b. After completing the review, the Protest Appeals Board shall allow or deny the appeal, and shall notify the protestor in writing of the determination. If the appeal is allowed, the Protest Appeals Board shall determine appropriate actions in light of the circumstances and Procurement Code §§ 3.24.230 and 250. . At the conclusion of an appeal process, the Protest Appeals Board membership is dissolved and each subsequent appeal is assigned new membership of the Protest Appeals Board.
I. Copies. The Procurement Official shall send copies of the following to the Chief Procurement Officer for operational supplies and services, or to the City Engineer for construction-related supplies and services: the protest, the determination of the Procurement Official, any appeal, and the determination of any appeal.
CURRENT REFERENCES: Salt Lake City Code §§ 3.24.210 to 240
PRE-1996 REFERENCES: Salt Lake City Procurement Policy 3.09.002, Part 10
EFFECTIVE DATE: October 21, 1997
Effective Date of Current Revision (Date signed by Mayor): August 1, 2011