[Amended 5-7-2024 by L.L. No. 6-2024]
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 County Executive. Protestors are urged to seek resolution of their complaints initially with the Commissioner of General Services. A protest with respect to an invitation for bids or request for proposals shall be submitted, in writing, prior to the opening of bids or the closing date of proposals, unless the aggrieved person did not know and should not have known of the facts giving rise to such protest prior to bid opening or the closing date for proposals. The protest shall be submitted within three calendar days after such aggrieved person knows or should have known of the facts giving rise thereto.
B. 
Stay of procurements during protests. In the event of a timely protest under Subsection A of this section, the Commissioner of General Services shall not proceed further with the solicitation or award of the contract until all administrative and judicial remedies have been exhausted or until the County Executive makes a determination on the record that the award of a contract without delay is necessary to protect substantial interests of the County of Putnam.
[Amended 5-7-2024 by L.L. No. 6-2024]
A. 
Decision of the Commissioner of General Services. All claims by a contractor against the County of Putnam relating to a contract, except bid protests, shall be submitted, in writing, to the Commissioner of General Services for a decision. The contractor may request a conference with the Commissioner of General Services on the claim. Claims include, without limitation, disputes arising under a contract, and those based upon breach of a contract, mistake, misrepresentation, or other causes for contract modification or rescission.
B. 
Notice to the contractor of the Commissioner of General Services’ decision. The decision of the Commissioner of General Services shall be promptly issued, in writing, and shall be immediately mailed or otherwise furnished to the contractor. The decision shall state the reasons for the decision reached, and shall inform the contractor of its appeal rights under Subsection C of this section.
C. 
Finality of Commissioner of General Services’ decision; contractor's right to appeal. The Commissioner of General Services’ decision shall be final and conclusive unless, within five calendar days from the date of receipt of the decision, the contractor mails or otherwise delivers a written appeal to the County Executive or commences an action in a court of competent jurisdiction.
D. 
Failure to render timely decision. If the Commissioner of General Services does not issue a written decision regarding any contract controversy within 20 days after written request for a final decision, or within such longer period as may be agreed upon between parties, then the aggrieved party may proceed as if an adverse decision had been received.
[Amended 5-7-2024 by L.L. No. 6-2024]
A. 
Prior to bid opening or closing date for receipt of proposals. If, prior to the bid opening or closing date for receipt of proposals, the Commissioner of General Services, after consultation with the County Attorney, determines that a solicitation is in violation of federal, state, or municipal law, then the solicitation shall be cancelled or revised to comply with applicable law.
B. 
Prior to award. If, after bid opening or the closing date for receipt of proposals, the Commissioner of General Services, after consultation with the County Attorney, determines that a solicitation or a proposed award of a contract is in violation of federal, state, or municipal law, then the solicitation or proposed award shall be cancelled.
C. 
After award. If, after an award, the Commissioner of General Services, after consultation with the County Attorney, determines that a solicitation or award of a contract was in violation of applicable law, then:
(1) 
If the person awarded the contract has not acted fraudulently or in bad faith:
(a) 
The contract may be ratified and affirmed, provided it is determined that doing so is in the best interests of the County of Putnam; or
(b) 
The contract may be terminated and the person awarded the contract shall be compensated for the actual costs reasonably incurred under the contract, plus a reasonable profit, prior to the termination; or
(2) 
If the person awarded the contract has acted fraudulently or in bad faith, the contract may be declared null and void or voidable, if such action is in the best interests of the County of Putnam.