§ 2-245. Protested solicitations and awards.

After posting of recommendation of award on the procurement services department designated location, any actual or prospective bidder or proposer who is aggrieved in connection with the pending award or other element of the process leading to the award of a contract, may protest to the procurement services director or his/her designee. Those protests shall be made with requirements as follows:

(1)

The protest shall be submitted within three (3) business days after posting of the recommendation of award at the location where bids or proposals are submitted. The protest shall be in writing and shall identify the protester and the solicitation and include a factual summary of the basis of the protest and the particular grounds for the protest. Any grounds not stated shall be deemed to have been waived by the protestor. A protest may include such additional written or physical evidence, objects, statements, affidavits and arguments that the protestor deems relevant to the issues raised. Such protest is considered filed when it is received by the procurement services department with the protest bond in the appropriate amount.

(2)

Any bidder who files an action protesting a bid solicitation, a bid rejection, or an award pursuant to this section shall post with the procurement services department at the time of filing a protest bond payable to the Marion County Board of County Commissioners. This written request to convene a formal protest shall be accompanied by a protest bond of an amount equal to one percent of the value of the solicitation, but in no case less than five hundred dollars ($500.00), nor greater than five thousand dollars ($5,000.00). This bond shall be by a U.S. Postal Service money order, or by a certified cashier's check or bank check payable to the Marion County Board of County Commissioners. Failure to post such bond within three (3) business days after the procurement services director or designee's determination shall result in the protest being dismissed by the procurement services director or his/her designee.

(3)

If the person or firm protesting the award prevails, the bond shall be returned to the protestor; however, if, after completion of the protest process in which the county prevails, the bond may be forfeited to the county. The entire amount of the bond may be forfeited if the board of county commissioners determines that a protest was filed for a frivolous or improper purpose, including, but not limited to, the purpose of harassing, causing unnecessary delay, or causing needless cost for the county or other parties.

(4)

Notwithstanding anything contained herein to the contrary, in the event of a timely protest, the procurement services director, or his/her designee, shall stay the award of the contract, unless the county administrator, with the advice of the county attorney, and after consultation with the using department, makes a determination that the award of the contract without delay is necessary to protect substantial interests of the county government.

(5)

If the protestor timely complies with all conditions precedent to filing a protest, the procurement services director or his/her designee, vested with the necessary authority, shall review and attempt to resolve the protest informally. This initial attempt to resolve the protest is mandatory. Upon conclusion of this initial attempt to resolve the protest informally, the procurement services director or his/her designee shall issue a written determination (the initial determination). The initial determination shall be emailed to the protestor or its representative.

(6)

If the protestor is aggrieved by the initial determination and wishes to pursue the protest, the protestor shall request that a protest meeting be held with the county administrator, the procurement services director. Additional county staff may attend the protest meeting at the request of the county administrator or his/her designee. This request for a protest meeting is mandatory and shall be made in writing to the procurement services director or his/her designee within three (3) business days of issuance of the initial determination. Every effort shall be made to ensure the protest meeting is held within ten (10) business days of the receipt of such request. If the protestor is unable or unwilling to meet within ten (10) business days, and in order to not unduly delay the project further, the protest may be unilaterally dropped with the approval of the county administrator.

(7)

In the protest meeting, the protestor, or his/her representative, may make an oral presentation of evidence including the testimony included in the initial protest. At any time, the county administrator, the procurement services director, or other county staff may also make whatever inquiries of the parties and their witnesses that may be pertinent to a determination of the protest.

(8)

At the conclusion of the protest meeting, the county administrator shall prepare a written determination and recommendation ("protest meeting determination). The protest meeting determination shall be emailed and also sent by certified mail to the protestor, or its representative.

(9)

The protest meeting determination shall be presented for action at the next regularly scheduled meeting of the board of county commissioners. At this time, the protestor shall be allowed to make an oral presentation, present evidence which includes the testimony, and advance arguments to the board of county commissioners. At the conclusion of such presentation, the board shall, by majority vote, accept or reject the protest meeting determination.

(10)

The determination of the board of county commissioners shall be the final and conclusive decision by the county regarding a bid protest. The decision by the board of county commissioners is a prerequisite to the protestor seeking court intervention. Any appeal by a protestor shall be by certiorari to the Fifth Judicial Circuit Court within thirty (30) calendar days of the date of the boards determination.

(11)

Failure to timely adhere to the procedure set forth in this section acts as a complete waiver of the protest.

(12)

No bidder may engage in any effort, either directly or indirectly, to influence the actions of the board with respect to a pending award of a contract for which a solicitation was issued, except as set forth in this section. Any bidder engaging in a protest to the board, as allowed under this section, shall comply strictly with the requirements and restrictions of this section. Any attempt by any bidder to communicate with any board member, directly or indirectly, whether in person or through agents, employees, or lobbyists, or otherwise to influence the vote of any board member, in connection with any pending award of a contract for which a, solicitation has been issued, in any manner not strictly in compliance with the requirements and restrictions of this section shall be deemed in violation of the black out period restrictions of section 2-241. The board of county commissioners may disqualify a bid or proposal in connection with a procurement matter where the county commissioners or a member of the pertinent procurement committee has been lobbied in violation of the black out period restrictions.

(Ord. No. 11-52, § 1, 9-20-2011; Ord. No. 18-06, § 1K, 2-20-2018)