3.46.050 Filing and deadline.
A. A protestor must strictly comply with the time limits established by this chapter. A protestor waives its protest by failing to comply strictly with the time limits established in this chapter.
B. A protest of a specification, term, requirement, condition, or any other item or process in a procurement must be filed with the city clerk within the time limits established by this subsection.
1. If the procurement is advertised and:
a. There are less than ten business days between the date the procurement is advertised and the date scheduled for submission of bids or proposals, a protest of a specification, term, requirement, condition, or any other item or process must be filed no later than three business days prior to the scheduled deadline for submission of bids or proposals.
b. There are ten or more business days between the date the procurement is advertised and the date scheduled for submission of bids or proposals, a protest of a specification, term, requirement, condition, or any other item or process must be filed no later than five business days prior to the scheduled deadline for submission of bids or proposals.
2. If the procurement is not advertised, a protest of a specification, term, requirement, condition, or any other item or process must be filed no later than three business days prior to the scheduled deadline for submission of bids or proposals.
3. If the city changes the deadline for submission of bids or proposals from the date originally scheduled in the procurement, the time limit for filing a protest shall be determined by using the latest date to which the submission of bids or proposals is changed.
C. A protest of an award or rejection of all bids or proposals must be filed with the city clerk within the time limits established by this subsection.
1. If the city provides at least three business days’ notice to bidders or proposers of its intent to award or reject all bids or proposals, any protest must be filed with the city clerk no later than the business day prior to the date of proposed award or rejection of all bids or proposals. For the purposes of this subsection, the city may notify bidders or proposers by providing them with a copy of the tabulation of the bids or proposals.
2. If the city has not provided at least three business days’ notice to bidders or proposers of its intent to award or reject all bids or proposals, any protest must be filed with the city clerk no later than three business days after award or decision to reject all bids or proposals.
D. The city may choose to proceed with the procurement and execute a contract in the absence of an injunction or restraining order. The city will notify the protestor or other interested party of the city’s intent to execute a contract if, and to the extent, required by law. (Ord. 2726-03 § 5, 2003.)