MEMORANDUM

TO: Pete Sprague, Assembly President

Members, Kenai Peninsula Borough Assembly

THRU: Dale Bagley, Mayor

FROM: Colette Thompson, Borough Attorney

Mark Fowler, Purchasing/Procurement Officer

Jeff Sinz, Finance Director

DATE: February 27, 2003

SUBJECT: Ordinance 2003-10, Amending the purchasing and procurement appeal procedure

This ordinance adds significant detail to the existing appeal provision contained in the purchasing and procurement code section in the borough code of ordinances. It is adapted from a combination of the existing KPB code and codes followed by several other municipalities in the state, and is intended to provide a clear and fair process for parties to follow when protesting a procurement action. This ordinance clarifies when and how a party must submit an appeal to the mayor, when a response from the mayor's office is due to the protesting party, how an appeal is filed with the assembly and the procedure followed by the assembly in conducting a hearing. It also clarifies that notice of appeals to the assembly shall be provided to all other interested parties and will provide an opportunity for the successful bidder to be heard at the same hearing as the party appealing the decision. Finally, it requires payment of a refundable $300 fee for filing a formal appeal. This is the same fee charged for Board of Adjustment appeals.