Resolution 1989-156
JUNE 13, 19B9
D. All formal protests with respect to a recommended
contract award shall be submitted in writing to the
Director of purchasing for a decision. Said protests shall
be submitted within five (5) calendar days, excluding
weekends and county holidays, from the date that the notice
of intent to protest is received by the Director of
Purchasing.
The formal protest shall contain, but not be limited to the
following information:
1. Name and address of County agency affected and tho
bid number and title.
2. The name and address of the protesting party.
J. statement of disputed issues of material fact. If
there are no disputed material facts, the written
letter must so indicate.
4. A concise statement of the ultimate facts alleged
and of any relevant rules, regulations, statutes,
and constitutional provisions entitling the
protesting party to relief.
5. A demand for the relief to which the protesting
party deems himself entitled.
6. Such other information as the protesting party
deems to be material to the issue.
E. In the event of a timely protest of contract award
consistent with the requirements of this section , the
Director of Purchasing shall not proceed further with the
award of the contract until all appropriate administrative
remedies as delineated under section XIX have been
exhausted or until the Board of County commissioners makes
a determination on the record that the award of a contract
without delay is in the best interests of the county.
F. The Director of Purchasing shall review the merits of
each timely protest and in consultation with the contract
manager, issue a decision stating the reasons for the
decision and the protesting party's rights of appeal under
section XIX. Said decision shall be in writing and mailed
or otherwise furnished to the protesting party. The
decision of the Director of purchasing shall be final >and
conclusive unless the protesting party delivers a
subsequent written appeal to the Director of PurChasing
within five (5) calendar days from the date of receipt of
the decision.
G. In the event of a subsequent appeal pursuant to
subsection F, The county Manager shall have the discretion
to appoint an independent hearing officer to review the
facts relevant to the protest. The appointed officer will
have a maximum of 60 days to schedule and conduct a hearing
into the matte:!: and issue a finding of fact and a certified
opinion in writing to the county Manager for submission to
the Board of County commissioners. Prior to commencement
of the hearing, the protesting party shall be required to
post a cash surety in an amount equal to one (1) percent of
the Contract Manager's estimate of the contract amount or
one-thousand dollars ($1,000), whichever is less. Should
the Hearing Officer find in favor of the county, the
protesting party shall forfeit the surety. otherwise, the
surety will be returned to the protesting party.
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JUNE 13, 1989
H. In the event that the protest cannot be resolved by
mutual consent, the matter will be r~!erred to the Board ot
county commissioners for 'final resolution.
t. Failure to flle a formal protest within the time and
manner prescribed by section XIX shall constitute a waiver
of the right to protest by any protesting party as defined
by subsection A of this section.
XX. CONTRACT crAIMS
The purpose of this section is to establish procedures for
the resolution of claims against the County relating to a
contract awarded by the Board of county Commissioners.
1\. Any party (herein referred to as the "contractor") that
has entered into an agreement with the Board of county
commissioners for the provision of commodities and/or
services and alleges to be aggrieved in the performance of
said agreement may file a contract claim with the contract
Manager responsible for the administration of the
agreement.
B. All claims by a contractor against the County relating
to a contract shall be submitted in writing to the contract
Manager for a decision. Claims include (but are not
limited to) disputes arising under a contract and those
based upon breech of contract, mistake, misrepresentation,
or other cause for contract modification or rescission.
The claim shall contain, but not be limited to the
following information:
1. Name and address of the county agency affected and
the contract number and title.
2. The name and address of the contractor.
3. statement of disputed issues of material fact. If
there are no disputed material facts, the written
letter must so indicate.
4. A concise statement of the ultimate facts alleged
and of any relevant rules, regulations, statutes,
and constitutional provisions entitling the
contractor to relief.
5. A demand for the relief to which the contractor
deems himself entitled.
6. Such other information as the contractor deems to
be material to the issue.
c. The decision of the contract Manager shall be issued in
writing and shall be mailed or otherwise furnished to the
contractor. The decision shall state the reason(s) for the
decision reached and specify the contractor's rights of
appeal under subsection C of this section.
o. If the contract Manager does not issue a written
decision regarding any contract dispute within thirty (30)
days after written request for a decision, or within such
longer period as may be agreed upon between the parties,
the aggrieved party may proceed as if an adverse decision
had been received.
E. Tha contract Manager's decision shall be final and
conclusive unless, within five (5) calendar days from the
date of receipt of the decision, the contractor delivers a ,{
written appeal to the county Manager. }fr
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