(a) Right to protest. Any aggrieved person, who is aggrieved in connection with a solicitation or award of a bid or contract or the purchase of a service or supply by the Town regardless of whether by bid or otherwise, may protest to the Town Commission by filing a notice of protest specifying with particularity the rule, law, caselaw, or ordinance which the Town has failed to adhere to or consider and how the Town has failed to adhere to or consider said rule, law, caselaw or ordinance. The notice of protest must be filed in writing with the Town Clerk within not more than 48 hours prior to the commencement of the Town Commission meeting at which the Town Commission actually awards a contract or purchase of a service or supply. An "aggrieved person" for the purposed of this section includes an actual bidder, a prospective bidder, or some person or legal entity having an interest greater in degree than other persons or legal entities in the community or having been injured in a manner different than other persons or legal entities in the community, by the purchase of supplies or services. The appeal shall be scheduled for hearing by the Town Commission, or alternatively, by a special master or panel appointed by the Town Commission, with a final decision to be rendered by the Town Commission. Any aggrieved person must file a protest and exhaust its administrative remedies prior to commencing any action in a court of competent jurisdiction.
(b) Remedy. The Town Manager is authorized to negotiate a settlement of any protest regarding the solicitation or award of a Town contract or any claim arising out of the performance of a Town contract, prior to final consideration of the appeal by the Town Commission; provided, that any settlement shall be approved by the Town Commission.
(c) Stay of procurement. In the event of a timely protest properly filed, the Town Manager shall not proceed further with the solicitation or award of the contract until all administrative remedies have been exhausted or until the Town Commission, as appropriate, makes a determination on the record that the award of a contract without delay is necessary to protect substantial interests of the Town.
(Ord. 2003-01, adopted 6-25-03)