(1) Any actual or prospective bidder, offeror, or contractor may administratively appeal a bid invitation or award of a contract by filing a written protest with the City’s Purchasing Agent. The protest shall include the name, address and telephone number of the aggrieved party; signature of the aggrieved party or a representative of the aggrieved party; identification of the purchasing agency and the bid or contract number; a detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and the form of relief requested.

(2) A protest of a bid invitation shall be filed before the opening of bids or the closing date for receipt of initial proposals. Protest of a bid award shall be filed within ten (10) days of the bid award.

(3) The City’s Purchasing Agent shall issue a written decision within ten (10) days after a protest has been filed affirming, modifying or revoking the bid invitation or award of contract. The decision shall state the reason for the action taken and shall inform the aggrieved party of the right to review by the Mayor, or at the Mayor’s discretion, a hearing officer appointed by the Mayor.

(4) The aggrieved party may appeal the Purchasing Agent’s decision. The aggrieved party shall file a notice of appeal with the Purchasing Agent within seven (7) days of the receipt of notice of an action by the Purchasing Agent. Except as otherwise set forth in this Section, the appeal shall be conducted pursuant to Section 3.06.010, Provo City Code, and shall include a copy of the original protest as provided to the Purchasing Agent; a copy of the decision reached by the Purchasing Agent; the factual or legal errors in the decision made by the Purchasing Agent; and a statement of the relief sought. Within three (3) days of receipt of the Notice of Appeal, the Purchasing Agent shall forward such notice to the Mayor or the Mayor’s designee.

(5) The Mayor or the Mayor’s designee shall set a hearing date no more than fourteen (14) days after receipt of the Notice of Appeal. All parties shall be served by registered mail with notice of the hearing. Such notice shall include the grounds or charges filed, and the hearing date, time, and place. At the hearing, interested parties shall have an opportunity to be heard and to present evidence within the discretion of the hearing officer.

(6) The Mayor or Mayor’s designee shall issue a written decision within seven (7) days of the hearing. The decision may affirm, modify, or reverse the decision of the Purchasing Agent. A copy of the decision shall be sent to the interested parties within seven (7) days of the date of decision. The decision of the Mayor or the Mayor’s designee shall be final with respect to this administrative appeal. This administrative appeals procedure shall be exhausted before other legal remedies may be pursued.