[CC 1999 §13.0601; Ord. No. 01-05-01 §1, 5-15-2001]
The Board of Aldermen of the City of Fair Grove does hereby
establish the following procedures for prompt consideration of initial
protests filed by contractors or subcontractors concerning the solicitations
or contract awards for construction of the City projects including
a public sewer and wastewater treatment system, as follows.
[CC 1999 §13.0602; Ord. No. 01-05-01 §1, 5-15-2001]
A "protest" is a written complaint concerning
the City's solicitation or award of a sub-agreement or contract which
must be filed in writing with the City Clerk of the City by a party
with a direct financial interest adversely affected by the City's
procurement action for construction of a public sewer and wastewater
treatment system.
[CC 1999 §13.0603; Ord. No. 01-05-01 §1, 5-15-2001]
A party with a financial interest which believes it is adversely
affected by a procurement action by the City must file a written protest
stating the basis for said protest with the City Clerk of the City
as early in the procurement process as possible. A protest must be
received by the Clerk within seven (7) days after the basis for the
protest is known or reasonably should have been known. The Board of
Aldermen, upon receipt of said protest, shall hold a hearing as soon
as reasonably possible or proper, and legal notification to the party
with the financial interest which is allegedly adversely affected
by the action of the City, and that said protestant shall be accorded
a complete hearing and shall have the right to adduce evidence, both
verbal and documentary to the Board of Aldermen. Upon conclusion of
the hearing and the evidence adduced as submitted, the Board of Aldermen
shall announce and issue its written decision and order making disposition
of the issues raised in said protest. A written copy of the decision
of the Board of Aldermen shall be served upon the protestant within
seven (7) days after the hearing.
[CC 1999 §13.0604; Ord. No. 01-05-01 §1, 5-15-2001]
Protestant shall have seven (7) days after the decision is sent
to file a protest appeal with the appropriate United States or State
agency or official making any awards of financial assistance to the
City in the construction of said public utility projects.
[CC 1999 §13.0605; Ord. No. 01-05-01 §1, 5-15-2001]
The protest appeal shall be governed by the rules and regulations
of the Environmental Protection Agency as set forth in 40CFR, Part
31, Section 31.36(b)(12) which are incorporated by reference herein
as the same pertains to the City.
[CC 1999 §13.0606; Ord. No. 01-05-01 §1, 5-15-2001]
The provisions of this Article shall be incorporated in any
solicitations, contract awards or sub-agreements entered into by the
City.
