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13.1 .5FD. <br /> If the protest is timely submitted and contains the required <br />ORM OF ECISION <br />information, the Purchasing Agent shall consider the protest and issue a decision in <br />writing. Otherwise, the Purchasing Agent shall promptly notify the prospective <br />protesting Offeror that the protest is untimely or that the protest failed to meet the <br />requirements of this Section 13.1 and give the reasons for the failure. <br />13.1 .6TD. <br /> The Purchasing Agent shall issue a decision on the protest no <br />IME OF ECISION <br />fewer than three (3) Business Days before the Solicitation Closing, unless a written <br />determination is made by the Purchasing Agent that circumstances exist that justify a <br />shorter time limit. <br />13.1 .7 A. <br /> If the Purchasing Agent is the city manager’s designee, the Purchasing <br />PPEAL <br />Agent’s decision may be appealed to the city manager by notifying the city manager <br />of the intent to appeal within three (3) Business Days after the date on which the <br />Purchasing Agent sends its decision to the protestor’s electronic or postal address <br />specified in the written protest. <br />13.1 .8FD. <br /> The decision of the city manager, or if no appeal is made to <br />INALITY OF ECISION <br />the city manager, of the Purchasing Agent, shall be the final determination of the city <br />on the protest. <br />13.1 .9DSC. <br /> If the city receives a protest from an Offeror in <br />ELAY OF OLICITATION LOSING <br />accordance with this Section 13.1, the Purchasing Agent may in his or her discretion <br />extend the date of Solicitation closing if the Purchasing Agent determines an <br />extension is necessary to consider the protest and, if necessary, to issue Addenda to <br />the Solicitation Documents or otherwise cancel the Solicitation. <br />PCRDA <br />13.2. <br />ROTEST OF OMPETITIVE ANGE ECISIONS AND WARDS <br />13.2 .1 DEA. <br /> The Solicitation Agent will not proceed with a <br />ELAY OF VALUATION OR WARD <br />subsequent tier or evaluation, or award a contract under an Invitation to Bid or <br />Request for Proposals, or under an elective notice provided under subsection 6.14, <br />until the period of time for filing a protest of competitive range determination, or <br />award, as applicable, has expired, and the Purchasing Agent has responded to all <br />timely filed protests of aggrieved Offerors. <br />13.2 .2 DAO. <br /> An Offeror is an aggrieved Offeror only if <br />EFINITION OF GGRIEVEDFFEROR <br />the city did not use Informal Solicitation procedures, the Offeror is one to whom a <br />notice of selection of a competitive tier or range or notice of an intent to award has <br />been, or should have been, sent, and such Person has been erroneously denied the <br />award of a contract, or has been erroneously eliminated from competition because: <br />(a) All higher-ranked Offers were non-Responsive or all higher-ranked Offerors <br />clearly failed to meet the Standards of Responsibility; <br />(b) The evaluation of Offers was not conducted in accordance with the criteria or <br />processes described in the Solicitation Documents; <br />Article 13 Protests and Appeals Page 61 <br />Exhibit A to Administrative Order No. 44-08-06-F <br /> <br />