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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. }~~ Q ~qtJ~?;;;' -.,.. ..._~,",..~..~.~.~.~->.,...._,."....~--"~~""""...,,,....,,,--- 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 9~9"~r. .3 ,.~._. ._._,,___~.~...~~__.",,~~_.._._.____w.~.____.....~_,.....".___._.,.~., ...-.......-.....'",,.. ~~~'.,"~.-." ,....~..-- -....->."..