§ 3-3-102. Appeal of denial or withdrawal of bid.

(a)

A decision denying withdrawal of bid under the provisions of section 3-3-43 shall be final and conclusive unless the bidder appeals the decision within 10 days after receipt of the decision by invoking the administrative procedures set forth in the contract, if any, or in the alternative by instituting legal action as provided in section 3-3-108 of this chapter.

(b)

If no bid bond was posted, a bidder refused withdrawal of a bid under the provisions of section 3-3-43 prior to appealing shall deliver to the purchasing agent a certified check or cash bond in the amount of the difference between the bid sought to be withdrawn and the next lowest bid. Such security shall be released only upon a final determination that the bidder was entitled to withdraw the bid.

(c)

If, upon appeal, it is determined that the decision refusing withdrawal of the bid was arbitrary or capricious, the sole relief shall be withdrawal of the bid. (Ord. No. 2757, 1/22/83, Sec. 1)