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a project schedule was contained in both sections 2.4 and 2.7 of the ITB, (Jt. Ex. 1, pages 10-11) <br /> and under section 3,paragraph 4 of the ITB,which sets forth the Bid Response Format,the specific <br /> requirement of the inclusion of the project schedule was set forth. (Jt. Ex. 1, page 31). Shiff's <br /> bid also failed to attach its "...financial statement including bidder's latest balance sheet and <br /> income statement." This requirement was set forth in section 3,Paragraph 9 of the ITB(Jt.Ex. 1, <br /> page 31). <br /> 6. On April 15, 2019, following the investigation and evaluation of the various bids, <br /> • <br /> a Notice of Recommendation of Award to Nunez Construction (Jt. Ex. 6) was issued. The <br /> Recommendation, which determined that Nunez Construction was the lowest responsive and <br /> responsible bidder, was uploaded to Demandstar,the private posting service used by the City,on <br /> April 16,2019. (Testimony of Genesis Cuevas). On April 17,2019,Justen Shiff made an inquiry <br /> to Ms. Cuevas regarding the bid. (Jt.Ex. 10). In response Ms. Cuevas provided him with a copy <br /> of the posted Notice of Recommendation of Award and notified him that tSlniff's bid had been <br /> deemed unresponsive and the reason therefore: <br /> Primarily, amongst other itemized requirements, Shiff Construction <br /> failed td submit the mandatory proposed project schedule for <br /> construction (Section 2.7, Section 2.4, and Section 14 of the bid) <br /> and financial statements (Section 3.9), thus, resulting in an <br /> unresponsive bid. <br /> (Jt.Ex. 10) <br /> 7. On April 22, 2019, Shiff submitted its protest claiming that the "City waived its <br /> ability to declare the Contractor's bid as non-responsive due to the failure to attach a Financial <br /> StatementSchedule" <br /> or Project because the City did not immediately declare its bid unresponsive <br /> at the time of the opening of the bid or that the Cityshould have <br /> p g requested the documents from <br /> Shiff,which it is allowed to do. (Jt. Ex. 13). <br /> 4 <br />