(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. The protest shall be submitted in writing within ten days to the Town Manager after such aggrieved person knows or should have known of the facts giving rise thereto, and the Manager, shall place same on the next Council agenda if not resolved prior to that time.
(B) Authority to resolve protests. The Town Council shall have the authority, prior to the commencement of an action in court concerning the controversy, to settle and resolve a protest of an aggrieved bidder, offeror, contractor, actual or prospective, concerning the solicitation or award of a contract.
(C) Decision. If the protest is not resolved by mutual agreement, the Procurement Agent shall issue notice in writing of the Council’s decision. The notice shall:
(1) State the reasons for the action taken; and
(2) Inform the protestant of right to judicial review as provided in this chapter.
(D) Notice of decision. A copy of the decision under this section shall be mailed or otherwise furnished immediately to the protestant and any other party intervening.
(E) Finality of decision. A decision under this section shall be final and conclusive unless fraudulent, or unless any person adversely affected by the decision commences an action in court.
(F) Stay of procurements during protests. In the event of a timely protest under this section, the town shall not proceed further with the solicitation or with the award of the contract until the Procurement Agent, after consultation with the head of the using department and the Town Manager, makes a written determination that the award of the contract without delay is necessary to protect substantial interests of the town.
(Ord. 20-12, passed 10-27-2020)