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of Genesis Cuevas). The City followed a procurement custom of comparing bids on an"apples to <br /> apples"basis. The various requirements of the ITB were material and important in the evaluation <br /> of the various bidders. (Testimony of Genesis Cuevas). The Code of the City specifically sets <br /> forth the standards to be applied in reviewing a bid which contains an error or omission. Though <br /> g <br /> the City Commission has the authority to waive any and all irregularities in any and all proposals, <br /> that authority is not granted to the City Manager or staff. (Jt. Ex 14,section 62-7 B. 6 (c)). Even <br /> that authority is limited by the Code. Section 62-7 B.(6)of the Purchasing Code provides that no <br /> changes es in bid prices or other provisions of bids prejudicial to the interest of the City, or fair <br /> competition shall be permitted. (Jt.Ex. 14). The City also presented evidence that the requirement <br /> of a project schedule is material and pertinent to the completion of the project and provided <br /> protections should delays occur. (Testimony of Genesis Cuevas; testimony of Christopher Russo). <br /> Similarly, the City presented evidence that the inclusion of the financial statement is necessary to <br /> evaluate each bidder as it demonstrates the financial resources to perform the work in a satisfactory <br /> manner as is contained within the Minimum Qualifications of Bidder contained within section 2.5 <br /> of the ITB. (Jt.Ex. 1,page 11). (Testimony of Genesis Cuevas). <br /> 10. The Special Master has considered the written protest, the response, supporting <br /> documents, the documents in evidence, the City recommendation and related documents, and all <br /> evidence presented at the hearing. The Special Master has also considered the testimony of all <br /> witnesses testifying at the hearing; though it is not necessary to expressly recount their testimony <br /> here it is available in the record of the hearing. <br /> CONCLUSIONS OF LAW • <br /> 11. In Florida a public body has wide discretion in soliciting and accepting bids for <br /> public improvements and its decision,when based on an honest exercise of this discretion,will not <br /> 6 <br />