For contracts requiring the prequalification of a prime contractor, the protest process shall be as follows:
(A) Within 3 calendar days after the denial of prequalification is issued to a contractor, the contractor may submit a written protest to the review official. The written protest may be submitted by email. The written protest must clearly specify the name of the contractor and shall clearly articulate the reasons why the contractor is contesting the denial and shall attach all documents and additional information supporting the contractor's position. Any additionally submitted information may only be related to the specific reason(s) for the denial, i.e., the contractor may not take this as an opportunity to supplement their original bid with new information that is beyond the reason(s) for denial.
(B) The review official will review the available information and if necessary hold a meeting with the contractor, and within 5 calendar days of his receipt of the written protest, shall issue a decision either granting or denying prequalification status. If prequalification status is denied, the decision shall specify the reason for the denial.
(C) If not satisfied with the review official's decision, the contractor shall have 3 calendar days to request, in writing, a hearing before the Town Manager. The hearing shall be held within 5 calendar days of the review official's receipt of the request. The hearing shall be informal and the contractor shall have the opportunity to ask questions and present evidence. The Town Manager shall issue a decision to the contractor within 5 calendar days after the hearing.
(D) The Town Manager may delegate the conduct of the hearings to the Assistant Town Manager and may adopt the recommendation of the Assistant Town Manager. In any case, the Town Manager's decision shall be final.
(Res. 831, passed 10-11-2017)