§ 102-453. Appeals.

(a)

Time for filing notice of appeal. For an appeal before a procurement appeals hearing officer under the previous section, the aggrieved person shall file a notice of appeal with the purchasing agent with a copy to the head of the applicable using agency and county attorney within seven days of receipt of the notice of an adverse action by the purchasing agent concerning the person's protest.

(b)

Notice of hearing date; hearing. Upon receipt of the notice of appeal from the aggrieved party by the purchasing agent, the purchasing agent shall forward the notice to a procurement appeals hearing officer within three days of receipt of the notice. The duties of the procurement appeals hearing officer shall be as follows:

(1)

The procurement appeals hearing officer shall set a hearing date not more than thirty days from the date of receipt of the notice from the purchasing agent. The officer shall cause notice of the hearing date, time and location to be served upon all parties, by registered mail.

(2)

At the hearing, all parties shall be provided a fair and impartial hearing and shall be allowed to offer argument as to whether the purchasing agent's decision should be affirmed or overturned. Said hearing will not be de novo, but shall be of an appellate nature.

(c)

Decision. The procurement appeals hearing officer shall, within seven days of the hearing, make a written decision on the appeal, which decision shall affirm or deny the decision by the purchasing agent. The officer shall decide whether:

(1)

The solicitation or award being appealed was in accordance with applicable law and the terms and conditions of the solicitation; or

(2)

The debarment or suspension being appealed was in accordance with applicable law and in the best interest of the city and was fair.

(d)

Notice of decision. The procurement appeals hearing officer shall issue written notice of the decision on the appeal to all parties within seven days of the hearing. The notice of the decision shall be sent to all parties by registered mail and shall set forth the reasons for the decision.

(e)

Standard of review for factual issues. The determination of the procurement appeals hearing officer shall be final and conclusive, unless arbitrary, capricious, fraudulent or clearly erroneous.

(f)

Discontinuance of appeal. After a notice of appeal to the purchasing agent has been filed, a protestor may not discontinue such appeal without prejudice, except as authorized by a procurement appeals hearing officer.

(g)

Authority to resolve protest. One of three independent hearing officers appointed by the board of commissioners shall have the authority to settle and resolve any and all protest on aggrieved bidder or offeror concerning solicitation or award of a contract prior to commencement of an action in court concerning the controversy.

(h)

Remedies. If the protest is sustained, the county shall remedy the protest by awarding the protesting bidder, offeror, contractor or subcontractor the reasonable cost incurred in connection with the bid including bid preparation cost and cost other than attorney's fees.

(i)

Finality of decision. A decision under subsection (e) of this section is final and conclusive as to the county appeal process. Any further action shall be through the court.

(j)

Fees. The party losing the appeal to the purchasing hearing officer will be responsible for the procurement appeals hearing officer's fees and costs.

(Res. No. 13-0052, 1-23-13)