A. The city may request information relating to the procurement or protest from any other source, including, but not limited to, other interested parties. A protestor may request copies of any such information from the city clerk. A protestor may file written comment upon such information. The city will consider such comments if, and only if, the comments are (1) received in sufficient time for the city to review and analyze them, and (2) the city has the expertise, resources, and financial ability readily available to review and analyze them.

B. If the procurement is to be made or awarded by city council action as provided under city ordinances or policies existing at the time of the procurement, city council shall decide the protest. In its sole discretion, council may designate a person or committee of the council to review the protest and recommend a decision. In the event of such designation and recommendation, council shall consider the recommendation and decide the protest. A protestor and any other interested party may appear before council or designated person or committee to comment upon the protest, but only if allowed by, and pursuant to, existing procedures for public participation or comment, and shall not include examination of witnesses, the taking of evidence, or the submission of evidence. The council’s decision shall be final and binding.

C. If the procurement is to be made without city council action, as provided under city ordinances or policies existing at the time of the procurement, the city attorney shall designate a person to decide the protest. A meeting or conference with the protestor will occur only if such designated person determines, in his or her sole discretion, that a meeting or conference with the protestor would materially assist him or her in making a decision, but such meeting shall not include examination of witnesses, the taking of evidence, or the submission of evidence. The person designated by the city attorney will issue a written decision. The decision shall be final and binding.

D. The decision will be decided based upon the protest, including documents attached to the protest in support of the protest, and any other information obtained by the city.

E. Only those issues raised by the protestor in its protest filed with the city clerk will be considered. (Ord. 2726-03 § 6, 2003.)