§ 2-9A-16 — PROCEDURE FOR APPEALING AND PROTESTING ADVERSE DECISION

§ 2-9A-16 - PROCEDURE FOR APPEALING AND PROTESTING ADVERSE DECISION.

(A) A firm that is subject to an adverse decision or has received written notice from the director of intent to impose an adverse decision, is entitled to appeal the adverse decision in accordance with this section. (1) Within seven calendar days of the date the firm receives notice of intent to impose an adverse decision, the firm must file written notice of intent to appeal. Failure to timely file a written notice of intent waives all rights to appeal or protest the adverse decision. (2) The department will set forth by rule the procedures a firm must follow to file a written appeal. The appeal must be filed within 21 days of the date the firm receives notice of intent to impose an adverse decision. (3) The director will determine whether the grounds for an appeal are sufficient, and, if the director so determines, shall set a date for an appeal hearing, usually within five days. The appeals hearing is an informal meeting, not subject to the Texas Open Meetings Act, and is not an adversarial proceeding. The department by rule will designate the persons who may attend an appeal hearing. (4) The director shall determine based on the information provided at the appeal hearing whether to maintain or deny the adverse decision. Such decision by the director shall be a final decision, subject to protest to an independent hearing examiner, and shall be communicated to the firm in writing within 10 days of the hearing. (B) A firm that is subject to an adverse decision after appeal to the director may protest the adverse decision to an independent hearing examiner appointed by the City. The firm must submit a notice of intent to protest to the Purchasing Office or relevant contract awarding authority within four days of receipt of the final adverse decision, in accordance with the procedures established by the Purchasing Office or relevant contract awarding authority. (C) Protests or appeals regarding a specific solicitation(s) will follow the prescribed protest procedures outlined in the solicitation documents.

Source: Ord. No. 20230720-113, Pt. 1, 9-1-23.