(A) Right to protest. Any actual or prospective bidder, offerors, contractor or subcontractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Mayor. The protest, setting forth the grievance, shall be submitted, in writing, within 15 days after such aggrieved person knows or should have known of the facts giving rise thereto.
(B) Authority to resolve protests.
(1) Informal solicitation and its award.
(a) The Mayor or designee, in his or her absence, shall have authority to settle and resolve a protest of an aggrieved bidder, offeror, contractor or subcontractor, actual or prospective, concerning the solicitation or award of an informal contract of which the value of the solicitation or award would or was not expected to exceed an amount of $10,000. This authority is consistent with the Procurement Code and regulations governing the procurement of supplies, services and construction for the town.
(b) The Mayor or designee, in his or her absence, shall schedule and meet with the aggrieved bidder, offeror, contractor or subcontractor, actual or prospective, within five working days from the date the aggrieved bidder, offeror, contractor or subcontractor submitted its written protest for the purpose to review and receive comments and facts giving rise thereto.
(2) Formal solicitation and its award.
(a) The Mayor or designee, in his or her absence, shall deliver to the chairperson of the Bids and Purchases Committee to settle and resolve a protest of an aggrieved bidder, offeror, contractor or subcontractor, actual or prospective, concerning the solicitation or award of a formal contract of which the value of the solicitation or award would have or was expected to exceed an amount of $10,000.
(b) The chairperson of the Bids and Purchases Committee having received a protest of an aggrieved bidder, offeror, contractor or subcontractor, actual or prospective, concerning the solicitation or award of a formal contract shall:
1. Schedule and convene, within ten days from the date of the written protest a special committee meeting; or
2. Put on the agenda for the next scheduled meeting, whichever is sooner.
(c) The Bids and Purchases Committee shall review and hear comments from any aggrieved bidder, offeror, contractor or subcontractor, actual or prospective, concerning the solicitation or award setting forth the grievance and the facts giving rise thereto.
(d) The Committee’s authority shall be utilized in a manner consistent with the Procurement Code and regulations governing the procurement of supplies, services and construction for the town.
(C) Decision.
(1) Informal solicitation and its award. The Mayor shall promptly issue a decision in writing to the protester. The Mayor’s response shall be within ten days from the date of meeting with the protestant.
(2) Formal solicitation and its award. The Bids and Purchases Committee chairperson shall promptly issue a decision in writing to the protester. The Committee chairperson’s response shall be within ten days from the date of having convened the Committee and received or heard comments from the protestant.
(D) Notice of decision. A copy or notice of the decision under division (C) above shall be sent by certified mail or otherwise delivered by hand, or transmitted by fax, immediately to the protester and any other party intervening.
(E) Finality of decision. A decision under division (C) above shall be final and conclusive, unless fraudulent, or unless any person adversely affected by the decision requests a final appeal in writing, setting forth the grievance, within ten days of receipt of notice of the decision.
(F) Appeal. Any actual or prospective bidder, offeror, contractor or subcontractor having received the notice of decision may file a final appeal as follows:
(1) Appeal of Administrator’s decision (informal solicitation). The final appeal, setting forth the reasons to request appeal of the Mayor’s decision, shall be submitted in writing within ten days to the chairperson of the Bids and Purchases Committee.
(2) Appeal of Committee’s decision (formal solicitation). The final appeal, setting forth the reasons to appeal the Committee’s decision, shall be submitted in writing within ten days to the Town Council.
(G) Authority to resolve appeals.
(1) Final appeal of Mayor’s decision. The chairperson of the Bids and Purchases Committee, having received a written request for appeal of a decision rendered by the Mayor, shall bring before full Committee and resolve in like manner as protests under division (B)(2) above.
(2) Final appeal of Committee’s decision.
(a) The Town Council, having received in writing a request for appeal of a decision rendered by the Committee, shall resolve by scheduling and convening full Council. It shall be the Mayor’s discretion as whether this matter shall be brought before the next scheduled meeting or to schedule and convene a called special meeting of Town Council.
(b) The Town Council, at the request of the Mayor, shall convene and shall review and hear comments from the appellant and any other party intervening. Council’s authority shall be rendered in a manner consistent with the Procurement Code and regulations governing the procurement of supplies, services and construction for the town.
(H) Decision of appeal.
(1) The chairperson of the Bids and Purchases Committee shall promptly issue the decision of the Committee, in writing, to the appellant within ten days of having heard and reviewed the appeal. The decision shall state the reasons for the action taken.
(2) The Mayor shall promptly issue a decision of Town Council in writing to the appellant within ten days of the Town Council hearing. The decision shall state the reasons for the action taken.
(I) Finality of decision. A decision rendered under division (H) above is considered final and conclusive, unless fraudulent. Such a decision is the final administrative review and the decision of the town, which can be appealed to the State Circuit Court.
(Ord. 001-3, passed 3-1-2001)