§ 2-9D-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 or other City official of intent to impose an Adverse Decision, is entitled to appeal such Adverse Decision as set forth herein.

(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 file a written notice of intent within this time waives all rights to appeal or protest the Adverse Decision.

(2)

SMBR shall set forth by rule the procedures a Firm must follow to file a written appeal, which appeal must be filed within 21 calendar 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 calendar days. The appeals hearing is an informal meeting, not subject to the Open Meetings Act (Texas Government Code Chapter 551), and is not an adversarial proceeding. SMBR shall set forth by rule the persons who may attend an appeal hearing.

(4)

The Director shall determine on the basis of 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, and shall be communicated to the Firm in writing within 10 calendar days of the hearing.

(B)

A Firm that is subject to an Adverse Decision after appeal 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 calendar days of receipt of the final Adverse Decision, in accordance with the procedures established by the Purchasing Office or relevant Contract Awarding Authority.

(C)

If the Adverse Decision is a notice of noncompliance, no appeal is required. The Firm may immediately protest a notice of noncompliance to the Purchasing Office or relevant Contract Awarding Authority, following the procedures set forth in the applicable Solicitation.

(D)

A Firm that does not timely appeal and protest an Adverse Decision to decertify the Firm, or whose appeal and protest are unsuccessful, may not reapply for certification until 180 calendar days after the Adverse Decision.

Source: Ord. 20060608-061; Ord. 20081211-063.