A. An interested party may protest a procurement only and exclusively as provided in this chapter. An interested party must exhaust the administrative remedies provided in this chapter before seeking other or additional relief in a court of law, except for temporary measures to preserve the status quo pending exhaustion of the remedies established by this chapter. An interested party who fails to exhaust the remedies provided by this chapter waives its protest.

B. Notwithstanding subsection A of this section, the city council may by resolution adopt substitute protest procedures in lieu of some or all of the procedures of this chapter for public works procurements estimated at five million dollars or more where the city council determines that substitute procedures are appropriate. If the city council does not adopt substitute protest procedures for such a public works procurement, then this chapter applies to the procurement. If the city council does adopt substitute protest procedures for a procurement, then the substitute protest procedures shall be included in the request for proposals or other initial bidding document; an interested party may protest the procurement only and exclusively as provided in the substitute protest procedures; an interested party must exhaust the administrative remedies provided in the substitute protest procedures before seeking other or additional relief in a court of law, except for temporary measures to preserve the status quo pending exhaustion of the remedies established by the substitute protest procedures; and an interested party who fails to exhaust the remedies provided by the substitute protest procedures waives its protest. (Ord. 3267-12 § 4, 2012; Ord. 2726-03 § 3, 2003.)