[R.O. 1997 § 140.180; Ord. No.
2334 §§ 1 — 5, 7-6-1993]
A.
A protest is a written complaint concerning the City of Kennett solicitation
or award of a sub-agreement or contract. The protest must be filed
in writing with the City Clerk of Kennett by a party adversely affected
by the City of Kennett procurement action for the construction and
maintenance of public utilities, including water, sewer, and wastewater
systems. The protesting party must have a direct financial interest
in the project.
B.
A party with direct financial interest who believes they are adversely
affected by procurement action by the City of Kennett on solicitation
or award of a contract or sub-agreement must file a written protest
as early in the procurement process as possible.
1.
The written protest must be received by said City Clerk within
seven (7) days after the basis for the protest is known, or should
have been known, and before the bid opening or closing date for receipt
of proposals for the letting of contracts. The written protest must
state the basis of said protest.
2.
The City Council, upon receipt of said written protest, shall
hold a hearing as soon as reasonably possible on proper and legal
notification to the protesting party with the financial interest who
is allegedly adversely affected by the action of the City. Said protesting
party shall be accorded a complete hearing and shall have the right
to adduce evidence, both verbal and documentary, to the City Council.
Upon conclusion of the hearing and the evidence adduced as submitted,
the City Council 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 City Council shall be served upon the
protestant within seven (7) days after the hearing.
C.
The protesting party shall have seven (7) days thereafter to file
a protest appeal with the appropriate United States agency or official
or state agency or official making any awards of financial assistance
to the City of Kennett in the construction and maintenance of said
public utility projects.
D.
The protest appeal shall be governed by the rules and regulations
of the Environmental Protection Agency set forth in 40 CFR 31.36(b)(11
and 12) which is hereby incorporated herein as if set out in full
as pertains to the City of Kennett, Missouri.
E.
The provisions of this Section shall be incorporated in any solicitations,
contract awards, or sub-agreements entered into by the City of Kennett.
