(A) Right to protest; timeframe. Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Purchasing Agent. Protests must be submitted in writing within ten calendar days of when either the solicitation, addendum, notice of award, or other written decision by the Purchasing Division was issued.
(B) Procurement process during pendency of the bid protest. In the event of a timely protest , the Purchasing Agent, in consultation with the State’s Attorney, shall determine whether it is in the best interest of the county to proceed with any ongoing solicitation or award process.
(C) Authority.
(1) The Purchasing Agent may attempt to settle a bid protest regarding the solicitation or award of a county contract. If the bid protest is not resolved by mutual agreement, the Purchasing Agent shall promptly issue a written decision which shall be transmitted to the protestor either electronically or via U.S. mail.
(2) The decision shall state the reasons for the decision reached and shall inform the protestor of his or her appeal rights under subsection (D) below.
(3) If the Purchasing Agent does not issue a written decision regarding the bid protest on or before the ten-day deadline, or within such longer period mutually agreed to by the parties, then the protestor may proceed as if an adverse written decision had been received.
(D) Purchasing Agent decision final and protestor’s right to appeal. The Purchasing Agent’s decision shall be final and conclusive unless, within ten calendar days from the date that the protestor receives the written decision, the Chair of the Financial and Administrative Committee receives a written appeal from the protestor.
(E) Appeal. Any actual or prospective bidder, offeror or contractor may appeal a decision of the Purchasing Agent to the Financial and Administrative Committee. The appeal shall be made in writing no later than ten calendar days from the date the protestor receives the written decision from the Purchasing Agent. The Financial and Administrative Committee will hear the appeal at its next scheduled meeting and the protestor shall be notified of the meeting and be afforded a reasonable opportunity to state his or her position. Any party whose interest may be adversely affected by a protest or appeal shall also be notified and have the right to appear for the purpose of protecting those interests.
(1) Decision. After hearing the appeal, the Financial and Administrative Committee shall promptly issue a decision. If the decision occurs prior to the contract’s award, then the decision shall be referenced with a resolution for award of the contract to the County Board for its consideration. If the decision has occurred after the award of the contract, the decision of the Financial and Administrative Committee shall be final.
(2) Entitlement to costs. If the contract has already been awarded but the bid protest is sustained and it is determined that the protesting bidder should have been awarded the contract under the solicitation but was not, then the protesting bidder shall be entitled to only their reasonable bid preparation and response costs, excluding attorneys’ fees.
(1977 Code, § 1:4-1) (Ord., § 9-105, passed 12-8-2009; Ord. passed 2-12-2013; Ord. 21-0923, passed 10-12-2021)