Chowchilla Municipal Code Art. VII Appeals and Remedies

A. Right to Protest. Any actual or prospective bidder, offeror, or contractor (excluding subcontractors or others with a secondary interest) who is aggrieved in connection with the solicitation of a contract may protest to the city council.

B. Procedure for Bid Protests.

1. A protest with respect to an invitation for bids shall be submitted to the city administrator in writing no later than 5:00 p.m. on the closing date of bids.

2. A protest regarding the award of a contract must be submitted in writing, to the city administrator, within five calendar days after such aggrieved person, who submitted a timely bid, knows or should have known of the facts giving rise thereto.

3. The protestor is required to submit a non-refundable fee of fifty dollars to cover the administrative cost of processing the protest.

4. The city administrator or designee shall consider the grounds of a timely protest when making recommendations to the city council regarding an invitation for bids or the award of a contract. Such recommendations are made at the sole and absolute discretion of the city administrator or designee. The city administrator or designee shall provide notice to a protestor regarding their recommendation to the city council. Such notice shall be provided five calendar days prior to the meeting of the city council in which a contract subject to the protest is awarded. However, if a protestor does not receive notice of the city administrator or designee's recommendation prior to a meeting of the city council in which a contract subject to their protest is awarded, it will not constitute a waiver of any requirements in this section.

5. If a protestor does not attend a meeting in which a contract subject to their protest is made, such protest shall be considered waived.

6. A copy of the protest and all supporting documents must be concurrently transmitted by fax or by email, by or before the bid protest deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending on the outcome of the protest.

7. The city reserves the right, acting in its sole discretion, to waive immaterial bid irregularities, to accept or reject any and all bids, or to abandon a project entirely.

(Ord. 414-00 § 1 (part), 2000)

(Ord. No. 538-26, § 1, 4-28-2026)