[Ord. No. 94-23 §§1 —
5, 10-4-1994]
A. The
Board of Aldermen of the City of Carl Junction 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 of Carl Junction's
wastewater treatment facilities being constructed with State Revolving
Fund (SRF) assistance, as follows:
1. A protest is a written complaint concerning the City of Carl Junction's
solicitation or award of a subagreement or contract which must be
filed in writing with the City Clerk of the City of Carl Junction
by a party with a direct financial interest adversely affected by
the City of Carl Junction procurement action for the construction
of the wastewater treatment facilities.
2. A party with a financial interest which believes it is adversely
affected by a procurement action by the City of Carl Junction must
file a written protest stating the basis for said protest with the
City Clerk of the City of Carl Junction 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. Said 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 of Carl
Junction 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, and upon conclusion of the hearing and the
evidence adduced as submitted to 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.
3. Protestant shall have seven (7) days thereafter to file a protest
appeal with the appropriate United States or State agency or official
making any awards of financial assistance to the City of Carl Junction
in the construction of said public utility projects.
4. The provisions of this Section shall be incorporated in any solicitations,
contract awards, or sub-agreements entered into by the City of Carl
Junction.