§ 2-441. Authority to resolve protested solicitations and awards.

(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 purchasing manager, except as otherwise stated in this division. The protest shall be submitted in writing within 14 calendar days after such aggrieved person knows or should have known of the facts giving rise to the protest but in no circumstances after 30 days of notification of award of contract.

(b)

Authority to resolve protests. The purchasing manager, after consultation with the county attorney, shall have authority, prior to the commencement of an action in court concerning the controversy, to settle and resolve a protest by an aggrieved bidder, offeror or a contractor, actual or prospective, concerning the solicitation or award of a contract.

(c)

Decision. If the protest is not resolved by mutual agreement, the purchasing manager shall issue a decision in writing within ten calendar days. The decision shall:

(1)

State the reasons for the action taken; and

(2)

Inform the protestant of its right to administrative review as provided in this article.

(d)

Notice of decision. A copy of the written decision as described in this section shall be mailed to or otherwise furnished immediately to the protestant and any other intervening party.

(e)

Finality of decision. A decision as described in this section shall be final and conclusive, unless fraudulent or unless a person adversely affected by the decision appeals administratively to the county administrator in accordance with this division. Debarment is not stayed pending appeal.

(Ord. No. 256, § 7-101, 5-18-1998)