[Ord. No. 2005-24 §1(13.0901 — 13.0906), 8-2-2005]
A.
Adopting Protest Procedures. The Board of Aldermen of the City 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:
B.
Definition Of Protest. A "protest" is a written complaint concerning the City's solicitation or award of a subagreement 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.
C.
Procedure For Filing A Protest. 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.
D.
Time Limit On Appeals To Protests. 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.
E.
Rules Governing Protest Appeals. The protest appeal shall be governed by the rules and regulations of the Environmental Protection Agency as set forth in 40 CFR, Part 31, Section 31.36(b)(12), as amended, which are incorporated by reference herein as the same pertains to the City.
F.
Incorporation Into Contracts. The provisions of this Section shall be incorporated in any solicitations, contract awards, or subagreements entered into by the City.