Legal Documents of Gatlinburg

Occasionally, there may be complaints from vendors that the process of awarding a sealed bid has been unfair in some manner. While the City of Gatlinburg maintains excellent vendor relations, procedures do exist should a vendor claim that the process is not fair. The City of Gatlinburg has established the following procedures concerning protests of awards. The goal of these procedures is to arrive at a just settlement of disputes between the city and its vendors. As a first step, vendors who believe there has been a problem with the process or decision should contact the party associated with the bid in question. Most of the time this will be the finance director unless the bid has been handled by an outside engineer or architect. Usually one (1) of these aforementioned parties will be able to explain the city's rationale for the decision and the vendor will be satisfied. However, if the vendor is still not satisfied the following steps may be taken:

1. The vendor must notify the Gatlinburg Finance Director, in writing, during the next three (3) business days. The city will not consider complaints filed electronically. Complaints received more than three (3) business days after the award decision has been made will not be considered for review.
2. The envelope in which the protest is mailed should be clearly marked "protest of award decision." The written protest should include:
   
   1. The name and address of the protestor.
   2. The bid name, date, and any other pertinent information.
   3. A statement of reason for the protest.
   4. Any supporting documents, exhibits, or evidence to substantiate the protest.

3. The finance director will deliver the protest to the city manager for review and a decision will be made in writing. Recognize that holding the procurement process up any longer than necessary is detrimental to the interests of the city. In any case, a decision will be made within five (5) business days of the receipt of the protest.

   Please note that in those cases where delaying the procurement process would endanger the health of the residents of the City of Gatlinburg, cause additional and extensive damage to the city or would adversely affect its programs, the city will not stop the purchasing process. (as added by Ord. #2509, Feb. 2017)