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Suffolk County, NY
 
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Table of Contents
Table of Contents
Code
New Laws (2) Index
Any current or prospective vendor may protest a determination of any procurement action pursuant to this chapter, unless another appeal or protest provision is specifically provided in the solicitation. Accelerated procurements, emergency procurements, and purchases under $20,000 are not subject to vendor protests.
A. 
Time for protest.
(1) 
Protesting a solicitation. A protest with respect to a solicitation of bids or a RFP or RFQ shall be submitted in writing prior to the opening of bids or prior to the closing date for 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 the aggrieved person knows or should have known of the facts giving rise thereto.
(2) 
Protesting an award. A protest with respect to an award from a solicitation shall be submitted in writing within 10 calendar days after the aggrieved person knows or should have known of the facts giving rise thereto.
(3) 
Right to a conference. An aggrieved party may request a conference with the Commissioner or his designee. The conference may also be attended by the selected vendor, if applicable.
B. 
Form and content of protest. The protest shall be filed with the Director and shall briefly contain such information, as reasonably directed by the Director, including, at a minimum, a statement of all the facts or other bases upon which the vendor contests the solicitation or award, as applicable. Supporting documentation, if any, shall be included. If an award has been made for the procurement, the Director shall, upon receipt of the protest, mail a copy of the protest to the selected vendor. Filing of the protest with the Director shall be accomplished by actual delivery of the protest documents to Central Purchasing.
C. 
Authority to resolve protests. The Director, or his designee (the "Protest Officer"), shall have the authority, prior to the commencement of an action in court concerning the controversy, to settle and resolve a protest of an aggrieved bidder, proposer, or vendor, actual or prospective, concerning the solicitation or award of a contract. The Protest Officer may take any action or make any request he or she deems necessary in order to investigate the protest, and to obtain all evidence and other pertinent information.
D. 
Finality of decision; right to appeal. The decision of the Protest Officer shall be final and conclusive unless, within five calendar days from the receipt of the decision, the vendor mails or otherwise delivers a written appeal to the Commissioner of DPW, or his/her designee (hereinafter the "Appeals Officer").
(1) 
The appeal should be in writing and sent by certified mail to the Appeals Officer at the address provided in the bid or solicitation document, or as stated in the notice of determination.
(2) 
The Appeals Officer will consider all information relevant to the protest, and may, at his/her discretion, suspend, modify, or cancel the disputed procurement action prior to issuance of a formal dispute decision.
(3) 
No evidence or information may be introduced or relied upon in the appeal that has not been presented to the Protest Officer.
(4) 
The Appeals Officer shall review the appeal and supportive documents and issue a written decision within 10 business days of receipt of the appeal, if feasible.
(5) 
The Appeals Officer may take any action or make any requests he or she deems necessary, including extending the time to issue a decision in order to render a written decision on the notice of decision of the Appeals Officer.
(6) 
The decision of the Appeals Officer shall be the County's conclusive and final determination of the protest.
E. 
Failure to render timely decision. If the Protest Officer does not issue a written decision regarding any properly submitted protest within 20 days, or within such longer period as may be extended or as otherwise agreed upon between parties, then the aggrieved party may proceed as if an adverse decision has been received.
F. 
Stay of procurement during protests. In the event of a timely protest, the user department or Central Purchasing shall not proceed further with the solicitation or award of the contract until all administrative and judicial remedies have been exhausted or until the Commissioner of DPW makes a determination on the record that the award of a contract without delay is necessary to protect the best interest of the County.