§ 2-124. Protests.

(a)

Bid/proposal protests. Any actual or prospective bidder/offeror, who is allegedly aggrieved in connection with the issuance of an invitation for bid, request for proposal, request for quotation, request for statement of qualification, any other formal competitive selection process (collectively referred to as a solicitation) or pending award of a contract may protest in writing to the purchasing director with a copy to the reviewing party.

(b)

Posting. The purchasing department shall publicly post on its departmental website, recommendations for awards involving solicitations no less than five full business days after the award recommendation is posted.

(c)

Protest requirements.

(1)

If the protest relates to the content of a solicitation, a written protest must be filed no later than 5:00 p.m. on the fifth full business day after issuance of the solicitation.

(2)

If the protest relates to the award of a solicitation, a written protest must be filed no later than 5:00 p.m., on the fifth business day after posting of the award recommendation. The formal written protest shall identify (i) the protesting party, (ii) the solicitation number involved, (iii) a clear statement of the grounds on which the protest is based (iv) all applicable references to the statutes, laws, ordinances or other legal authorities of which the protesting party is basing the protest; and (iv) specific relief to which the protesting party deems itself entitled by application of such authorities to such grounds.

(3)

A protest must accompanied at the time of submittal by a protest bond equal to two percent of the total recommended award or $1,000.00 whichever is less. If no recommended award amount is involved (ex. such as in the case of a request for statements of qualification or similar solicitation), the bond amount shall be $1000.00.

(4)

A formal written protest is considered filed with the county when the purchasing department receives it. Accordingly, a protest is not timely filed unless it is received within the time specified above. Failure to file a written protest with the required protest bond within the time period specified shall constitute a waiver of the right to protest and result in relinquishment of all rights to protest by the bidder/offeror.

(d)

Sole remedy. These procedures shall be the sole administrative remedy for challenging a solicitation document or solicitation award. Bidders/offerors are prohibited from attempts to influence, persuade, or promote a bid protest through any other channels or means, including outreach to any county persons other than the purchasing director or purchasing agent designated in a procurement. Attempts to circumvent these procedures shall result in the immediate rejection of the protest and may lead to the protestor's debarment for a period of no more than three years.

(e)

Authority to resolve. The county administrator or their designee shall resolve the protest in a fair and equitable manner and shall render a written decision to the protesting party no later than 5:00 p.m. on the tenth full business day after the filing thereof.

(1)

If the county administrator determines that the solicitation or award is in violation of applicable law, policies or procedures, the county administrator shall cancel, cause the solicitation to be revised, or award in a manner deemed to be lawful, in the county's best interest, and permitted by this division, no later than 5:00 p.m. on the tenth full business day after receipt of the written review request. The county administrator shall notify the protesting party in writing of the decision no later than 5:00 p.m. on the tenth full business day after receipt of the written review request.

(2)

If it is determined that the solicitation or award should be upheld, the county administrator shall render a written decision to the protesting party no later than 5:00 p.m. on the tenth full business day after receipt of the written review request.

(f)

Review of county administrator's decision.

(1)

The protesting party may request a review of the county administrator's decision by the board of county commissioners by delivering a written request to the purchasing department for a review of the county administrator's decision by 5:00 p.m. on the tenth full business day after the date of the county administrator's written decision. Copies of the request for review shall also be delivered to the county administrator and purchasing director at the same time. The written request for review shall include pertinent written or physical materials, objects, statements, and arguments, which the bidder/proposer deems relevant to the issues raised in the review request.

(2)

The board will be given a minimum of ten full business days to review the protest and the protest will be addressed thereafter by the board at its next regularly scheduled business meeting or as soon as possible thereafter. The protestor will be given written notice of the date of the meeting and the amount of time allotted for the protestor to address the board (if they elect to so so) in advance of the meeting. The protestor shall be provided a reasonable opportunity to address the board at a regular business meeting after completion of the review process provided for in this section. The proceeding before the board shall be considered quasi-legislative in nature and is not considered a public hearing or quasi-judicial proceeding. The board of county commissioner's decision shall be final and conclusive and the protesting party may not protest the decision thereafter. Written communication provided to the board of county commissioners under this section shall not be considered a violation of the lobbying prohibition provided in section 2-123.

(g)

Stay of procurement during protests. Nothing in this section shall require the county to stay an award during the protest process.

(h)

Emergency or urgent purchases. The posting requirement in this section shall not apply to emergency or urgent purchases where the posting requirement cannot be met without adversely impacting the public's health, welfare, safety, public property and/or critical systems.

(i)

Time definition. All times specified in this section shall be local (Eastern Time Zone) and governed by the clocks in the respective county offices.

(Ord. No. 15-26, § 2, 12-15-15; Ord. No. 18-16, §§ 15, 16, 6-5-18)