Alamogordo |
Code of Ordinances |
Chapter 2. ADMINISTRATION |
Article 2-13. CITY PURCHASING AND CONSTRUCTION PROJECT ADMINISTRATION |
§ 2-13-300. Bid protests.
(a)
Right to protest. Any bidder or offeror who is aggrieved in connection with a solicitation or award of a contract may protest to the central purchasing office. The protest shall be submitted in writing within fifteen (15) calendar days after knowledge of the facts or occurrences giving rise to the protest.
(b)
Purchases after protest. In the event of a timely protest the central purchasing office shall not proceed further with the procurement unless the central purchasing office makes a determination that the award of the contract is necessary to protect substantial interests of the city.
(c)
Authority to resolve protests. The central purchasing manager shall have the authority to take any action reasonably necessary to resolve a protest of an aggrieved bidder or offeror. This authority shall be exercised in accordance with regulations promulgated by the central purchasing office but shall not include the authority to award money damages or attorney's fees.
(d)
Protest; determination and notice. The purchasing manager shall promptly issue a determination relating to the protest. The determination shall:
(1)
State the reasons for the action taken; and
(2)
Inform the protestant of the right to judicial review of the determination pursuant to section 13-1-183 NMSA 1978 (1988 Repl.) which is incorporated herein by reference.
(Ord. No. 1185, § 30, 6-22-04; Ord. No. 1273, § 17, 6-13-06)