(A) Right to protest. Any actual or prospective bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the solicitation or award of a contract may protest in writing by hand-delivered or certified mail, return receipt requested to the Town Administrator. The protest, setting forth, in detail, the grievance shall be submitted in writing, and received within five calendar days from the time of award of the goods or services being grieved.
(B) Authority to resolve protests.
(1) Informal solicitation of purchases less than $100,000, and its award.
(a) The Town Administrator, or designee, shall have the authority to settle and resolve a protest of the aggrieved concerning the solicitation or award of an informal contract, of which the value of the solicitation or award was not expected to exceed an amount of $99,999.99.
(b) The Town Administrator, or designee, shall meet with the aggrieved, within five business days to review and receive comments and facts giving rise thereto.
(2) Formal solicitation and its award.
(a) The Town Administrator, or designee, shall deliver to the Chairperson of the Committee to settle and resolve a protest of the aggrieved concerning the solicitation or award if it would have or was expected to exceed $100,000.
(b) The Chairperson of the Committee, having received a protest of the aggrieved shall:
1. Schedule and convene, within ten business days, a special committee; or
2. Put on the agenda for the next scheduled meeting, whichever is quicker.
(c) The Committee shall review and offer to hear comments from the aggrieved setting forth their grievance and the facts giving rise thereto.
(d) The Committee’s authority shall be utilized in a manner consistent with this chapter and regulations governing the procurement of supplies, services, and construction for the town.
(C) Decision.
(1) Informal solicitation of purchases less than $100,000 and its award. The Town Administrator, or designee, shall promptly issue a decision in writing to the protestor. The Town Administrator’s response shall be issued within ten business days from the date of meeting with the protestant.
(2) Formal solicitation of purchases of $100,000 and greater and its award. The Committee Chairperson shall promptly issue a decision in writing to the protestor. The Chairperson’s response shall be issued within ten business days from the date of having convened the Committee and received or heard comments from the protestant.
(D) Notice of decision. A copy of the notice of the decision under division (C) of this section shall be delivered by certified mail, return receipt requested immediately upon issuance to the protestor and any other party intervening.
(E) Finality of decision. A decision under division (C) of this section 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 five business 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.
(1) Appeal of Administrator’s decision (informal solicitations). The final appeal, setting forth the specific reasons and basis for the appeal of the Administrator’s decision, shall be received in writing, by hand-delivery or by certified mail, return receipt requested, within five business days of receipt of notice of the Administrator’s decision, to the Chairperson of the Committee.
(2) Appeal of Committee’s decision (formal solicitations). The final appeal, setting forth reasons for and the basis for the appeal of the Committee’s decision, shall be submitted in writing, by hand-delivery or by certified mail, return receipt requested within five business days of receipt of notice of the Committee’s decision, to the Mayor.
(G) Authority to resolve appeals.
(1) Final appeal of Administrator’s decision. The Chairperson, having received a request for appeal of a decision rendered by the Administrator shall bring before full Committee and resolve in like manner as protests under division (B)(2) of this section.
(2) Final appeal of Committee’s decision.
(a) The Mayor, having received in writing a request for appeal 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 Council.
(b) Town Council, at the request of the Mayor, shall convene, review, and hear comments from the appellant and any other party intervening. Council’s authority shall be rendered in a manner consistent with this chapter and regulations governing the procurement of supplies, services and construction for the town.
(H) Decision of appeal.
(1) The Chairperson shall promptly issue the decision of the Committee, in writing to the appellant within ten business days of having heard and reviewed the appeal. The decision shall state the reasons for the actions taken.
(2) The Mayor shall promptly issue a decision of Council, in writing, to the appellant within ten business days of the Council hearing. The decision shall state the reasons for the actions taken.
(I) Finality of decision. A decision rendered under division (H) of this section 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 Circuit Courts of the state.
(Ord. 18010, passed 2-14-18)