[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.