(A) Right to protest. 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 Town Council. Protestors are urged to seek resolution of their complaints initially with the purchasing agent. A protest with respect to an invitation for bids or request for proposals shall be submitted in writing prior to the opening of the bids or the closing date of proposals, unless the aggrieved person did not know and should not have known if the facts giving rise to such protest prior to bid opening or the closing date for proposals. The protest shall be submitted within three calendar days after such aggrieved person knows or should have known of the facts giving rise thereto.
(B) Stay of procurements during protests. In the event of a timely protest under division (A) of this section, the purchasing agent shall not proceed further with the solicitation or award of the contract until all administrative and judicial remedies have been exhausted or until the Town Council makes a determination on the record that the award of a contract without delay is necessary to protect substantial interests of the town. The stay of procurement shall not exceed 45 calendar days from the date on which the purchasing agent recognizes the protest.
(C) Entitlement to costs. In addition to any other relief, when a protest is sustained and the protesting bidder or offeror should have been awarded the contract under the solicitation but is not, then the protesting bidder or offeror shall be entitled to the reasonable costs incurred in connection with the solicitation, including bid preparation costs other than attorney's fees.
(Ord. passed 9-19-05)