§ 31-231. Authority to resolve protested solicitations and awards.

The purchasing agent is responsible to address, process, and exercise the following:

(a)

Protests of bid or RFP specifications or scope of work. Any vendor who is aggrieved in connection with the specifications or scope of work in a solicitation may protest to the purchasing agent. The protest shall be submitted in writing no later than seven calendar days prior to the deadline for receipt of the bid or proposal. No protest bond will apply to such protest. The purchasing agent shall issue a determination in writing within two work days of receipt of such protest, and either proceed with the solicitation, modify it, or cancel it.

(b)

Right to protest; protest bond. 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 purchasing agent. The protest shall contain all the grounds for such protest, and must be submitted in writing within 15 calendar days after such aggrieved person knows or should have known of the facts giving rise thereto, along with a bond provided by a surety company authorized to do business in the state, or the equivalent in cash, or otherwise supplied in a form satisfactory to the county. The amount of the bond shall not exceed the estimated cost to the county of processing and defending a protest. Only one protest per person per solicitation is permitted.

(c)

Authority to resolve protests. The purchasing agent 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 or contractor, actual or prospective, concerning the solicitation or award of a contract.

(d)

Decision. If the protest is not resolved by mutual agreement, the purchasing agent shall promptly issue a decision in writing stating the reason for the action taken and informing the protestant of its right to appeal the decision to the county council. A copy of the decision of the purchasing agent shall be mailed, return receipt requested, or hand-delivered to the protestant or to the address provided in the protest.

(e)

Appeal. Any appeal to the county council of an adverse decision shall be made by filing with the county manager's office within 15 calendar days after the decision has been delivered to the aggrieved person. The proceeding before the council shall be de novo. The council shall decide whether the solicitation or award was in accordance with the code, procedures, and the terms and conditions of the solicitation.

(f)

Decisions final. A decision of the county council under this section shall be final and conclusive. The aggrieved person may seek judicial review in the state first judicial district court within 30 days of the receipt of notice of the decision of the county council.

(g)

Stay of procurements during protests. In the event of a timely protest under subsection (a) of this section, the purchasing agent shall not proceed further with the solicitation or with the award of the contract unless the purchasing agent, after consultation with the county manager, makes a written determination that the award of the contract without delay is necessary to protect substantial interests of the county.

(h)

Entitlement to costs.

(1)

When a protest is sustained and the protesting bidder or offeror should have been awarded the contract under the solicitation but was not, then the protesting bidder or offeror shall be entitled, in addition to any other relief, to the reasonable costs incurred in connection with the protest or appeal costs other than attorney's fees.

(2)

Should the protest be denied, the county shall be entitled to recover reasonable costs for processing and adjudicating the protest, and for costs associated with an unreasonable delay of the contract. Recovery of these costs shall not be limited to the proceeds from the protest bond. Excess bond proceeds shall be returned to the person.

(Ord. No. 02-098, § 2, 12-2-2008; Ord. No. 02-256, § 56, 7-7-2015)