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(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 County Executive. Any protest must be submitted in writing within ten calendar days from the issuance of the solicitation, addendum, notice of award or other decision by the County Executive, County Board or awarding official.
(B) Stay of procurement during protest. In the event of a timely protest under division (A) of this section, the County Executive or the assigned County Board committee, after consulting with the State’s Attorney, shall determine whether it is in the best interests of the county to proceed with the solicitation or award of the contract.
(C) Entitlement to costs. When a protest is sustained and the protesting bidder or offeror should have been awarded the contract under the solicitation but is not, then the protesting bidder or offeror shall be entitled only to the reasonable costs incurred in connection with the solicitation, including bid preparation costs other than attorney’s fees.
(1980 Code, § 41.110) (Ord. 08-461, passed 11-20-2008)
All claims by a contractor against the county relating to a contract, except bid protests, shall be submitted in writing to the County Executive. The contractor may request a conference with the County Executive on the claim. Claims include without limitation, disputes arising under a contract, and those based upon modification or rescission.
(1980 Code, § 41.111) (Ord. 08-461, passed 11-20-2008)
(A) Authority. The awarding entity is authorized to settle any procedural protest regarding the solicitation or award of a county contract prior to an appeal to the County Board or any committee thereof. The County Executive, after consulting with the State’s Attorney, is authorized to make recommendations on the settlement of any monetary claim to the assigned County Board committee for their consideration.
(B) Notice to the contractor of the County Executive’s or awarding entity’s decision. If a protest or claim is not resolved by mutual agreement, the County Executive or awarding entity shall promptly issue a decision in writing, and it shall be immediately mailed or otherwise furnished to the contractor. The decision shall state the reasons for the decision reached, and shall inform the contractor of its appeal rights under division (C) of this section.
(C) Failure to render timely decision. If a written decision is not rendered regarding any protest or claim within ten calendar days after written request for a final decision, or within a longer period as may be agreed upon between the parties, then the aggrieved party may proceed with an appeal to the County Board as if an adverse decision had been received.
(1980 Code, § 41.112) (Ord. 08-461, passed 11-20-2008)
(A) Prior to bid opening or closing date for receipt of proposals. If prior to the bid opening or the closing date for receipt of proposals, the County Executive, after consultation with the State’s Attorney, determines that the solicitation is in violation of federal, state or local law, then the solicitation shall be canceled or revised to comply with applicable law.
(B) Prior to award. If after bid opening or closing date for receipt of proposals, the County Executive, after consultation with the State’s Attorney, determines that a solicitation or a proposed award of a contract is in violation of federal, state or local law, then the solicitation or proposed award shall be canceled.
(C) After award. If, after award, the County Executive, after consultation with the State’s Attorney, determines that a solicitation or award of a contract was in violation of applicable law, then the matter shall be considered at the next County Board meeting.
(1980 Code, § 41.113) (Ord. 08-461, passed 11-20-2008)
COOPERATIVE PURCHASING
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