§ 58-6. Purchasing protests.

(a)

Right to protest. After posting of the recommended awardee, any bidder or proposer who is aggrieved in connection with the recommended award may protest in writing to the finance director. The right to protest is limited to those procurements of goods or services solicited through an invitation for bid, request for proposals or other competitive solicitation procedures. Recommended awards less than the mandatory bid or proposal amount cannot be protested. Notwithstanding the above, the village manager may, in his or her sole discretion, include the right to protest in any solicitation process if in the best interests of the village.

(b)

Notice of protest. The protest shall be submitted within three (3) business days after posting of the award recommendation. The protest shall be in writing (which includes emails) and shall identify the protestor and the solicitation, and shall include a factual summary of the basis of the protest. Such protest is considered filed when it is received by the village clerk. Received means that the protest documents must be delivered to the village clerk's office by the cut off time period. Neither the finance director nor the special magistrate shall consider any issue not submitted in writing within the time frame specified for the notice of protest.

(c)

Authority to resolve. Protests filed in accordance with paragraph (b) hereinabove shall be resolved under the provisions of this section.

(1)

The finance director shall have the authority to:

a.

Uphold the protest. The protest may be upheld based upon a violation of the provisions of this purchasing code or of any other village ordinance, resolution, policy, or procedure, or upon discovery of an irregularity or procedural flaw that is so severe as to render the process invalid. If the upholding of the protest will result in a change of the recommended awardee, a new recommended award shall be posted in village hall. If the upholding of the protest will result in a cancellation of the protested solicitation, the finance director may then cancel the solicitation.

b.

Deny the protest. If the protest is denied, the protestor has the right to request that the protest be referred to a special magistrate as described herein below.

c.

Refer the protest directly to special magistrate with no determination made by the finance director, in accordance with paragraph (c)(3) herein below.

(2)

The finance director shall issue a written statement of the determination within a reasonable period of time. The written statement shall provide the general rationale for said determination and shall be provided to the protestor and to any other party to the protest.

(3)

Upon receipt of a denial of the protest, the protestor may request a hearing before the special magistrate. The request for a hearing shall be in writing to the village clerk and shall be made within three business days of issuance of the finance director's determination. The request for a hearing shall be accompanied by a protest bond of $1,500.00 which shall be remitted only in the form of a money order, a certified check, a cashier's check, or a bank check payable to the village.

(4)

At no time shall a protestor, party, or any other person, contact the special magistrate regarding any issue pertaining to or involving the protest. Contact between the village and the special magistrate shall be limited to scheduling and other administrative issues, including the provision and copying of public records pertinent to the protest.

(d)

Authority of special magistrate. The special magistrate, appointed to hear the village's code enforcement cases, shall also hear bid protests and shall have the jurisdiction and authority to hear and decide protests.

(1)

The special magistrate shall make a recommendation as to whether the protest should be upheld or denied.

(2)

If the special magistrate upholds the protest, the special magistrate shall either make a recommendation to cancel the solicitation, or to cancel the award recommendation and post a new award recommendation after re-evaluation based on the special magistrate's determination of the facts in the case. In these instances, the village shall return the protestor's bond to the protester after deducting any out of pocket costs incurred by the village related to the appeal.

(3)

If the special magistrate denies the protest, the special magistrate shall recommend that the village manager proceed with the posted award recommendation. In these instances, the protestor's bond shall be forfeited.

(4)

The village manager may accept the special magistrate's recommendation or, if he/she determines the special magistrate's recommendation is not in the village's best interest, the original award recommendation may be referred to the council for approval. At that time, the council may accept or reject the recommendation of the special magistrate.

(e)

Stay of procurement during protests. Notwithstanding anything contained herein to the contrary, in the event of a timely protest, the village manager shall stay the award of the contract unless he/she, with the advice of the village attorney and after consultation with the applicable department head, makes a determination that the award of the contract without delay is necessary to protect substantial interests of the village.

(Ord. No. 2013-37, § 3, 1-9-2014; Ord. No. 2016-11, §§ 3, 4, 7-14-2016)