A. Applicability. This section applies to procurement of materials, general and professional services and construction. An interested party may file a protest regarding any aspect of a solicitation, evaluation, or recommendation for award.
B. Prebidding Protests. Protests regarding solicitation that are apparent before the bid opening or before the time for receipt of proposals shall be filed before bid opening or before the time for receipt of proposals.
C. Notice of Recommendation for Award. The procurement director shall post notification of recommendation for awards for all formally advertised solicitations. Notification shall be pursuant to written procurement procedures.
D. Filing a Protest. A bidder or offeror may file a protest in writing with the procurement director. Protests filed more than five days after the protester knew or should have known of the recommendation for award, or after contract award shall be considered untimely. The protest shall include the following information:
1. The name, address and telephone number of the protester;
2. The signature of the protester;
3. Identification of the solicitation;
4. A statement of the factual grounds of the protest including copies of relevant documents; and
5. A description of the relief requested.
E. Procurement Director Action. Upon receiving a protest, the procurement director must stay the contract award if the award has not been made until the appeal process, as stated in subsection H, has concluded with or without an appeal. The procurement director will review the facts presented in the protest and render a decision.
F. Dismissal. Within five days of receipt of the protest, the procurement director will dismiss a protest, upon a written determination, if:
1. The protest does not state a valid basis for protest; or
2. The protest is untimely.
G. Remedies. If the protest is sustained in whole or part, an appropriate remedy will be implemented.
1. In determining an appropriate remedy, consideration will be given to all the circumstances surrounding the procurement including, but not limited to, the seriousness of the procurement deficiency, the degree of prejudice to other interested parties or to the integrity of the procurement system, the good faith of the parties, costs to the county, the urgency of the procurement and the impact of the relief on the department's mission.
2. An appropriate remedy may include the following:
a. Withdraw staff recommendation and reissue the solicitation;
b. Withdraw staff recommendation and issue a new solicitation;
c. Withdraw staff recommendation and recommend award of contract consistent with this title; or
d. Such other relief as is determined appropriate.
H. Appeal to the Board of Supervisors.
1. A protester or any other interested party involved in the solicitation whose interests may be affected by the ruling may file a written appeal of the procurement director's decision specifying the reason for the appeal. A dismissal based on an untimely protest is not appealable. The appeal must be filed with the clerk of the board within five days of the date of the procurement director's decision.
2. The board will consider the protest at a regularly scheduled meeting within thirty calendar days of the procurement director's decision. The board may, with or without a hearing, either accept the decision of the procurement director, or determine an appropriate remedy.
(Ord. 2017-27 § 5, 2017; Ord. 2011-14 § 6 (part), 2011; Ord. 2001-131 § 1 (part), 2001; Ord. 1997-45 § 1, 1997)