Division 5. Legal and Contractual Remedies
Sec. 4-6-610. 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 Town Manager. The protest shall be submitted in writing within fourteen (14) days after such aggrieved person knows or should have known of the facts giving rise thereto.
(b) Authority to resolve protests. The Town Manager 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.
(c) Decision. If the protest is not resolved by mutual agreement, the Town Manager shall promptly issue a decision in writing. The decision shall:
(1) State the reason for the action; and
(2) Inform the protestant of his or her right to administrative review as provided in this Article.
(d) Notice of decision. A copy of the decision under Subsection (c) above shall be mailed or otherwise furnished immediately to the protestant and any other party intervening.
(e) Finality of decision. A decision under Subsection (c) above shall be final and conclusive, unless the protestant appeals administratively to Town Council acting as the Procurement Appeals Board. (Prior code 17.05.010)