For contracts requiring the prequalification of first tier subcontractors by a construction manager at risk, the protest process shall be as follows:
(A) Within 3 calendar days after the denial of prequalification is issued to the contractor, the contractor may submit a written protest to the review official. The written protest may be submitted by electronic mail. The written notice 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 to the review officer, a hearing before the Town Manager. The hearing shall be informal and the contractor shall have the opportunity to ask questions and present evidence.
(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.
(E) Within 5 calendar days after the hearing, the Town Manager shall make a recommendation to the construction manager at risk. The Town Manager's recommendation shall be made in writing to the construction manager at risk and may be delivered by facsimile, email or personal delivery.
(F) The construction manager at risk shall have 3 calendar days thereafter to review the recommendation and issue a decision as to the prequalification status of the contractor. The construction manager's decision shall be final.
(Res. 831, passed 10-11-2017)