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the bid document. Mr. De Armas said they did not, and Ms. Dickens said it is on page 7, and
<br /> Mr. De Armas said on page 7 it says they want 40%, it doesn't say it is important to them, and
<br /> Ms. Dickens said she understands that but it is not something new. Mr. De Armas said it is
<br /> not something new, what is new is the way they applied it. Ms. Dickens said for the record
<br /> because she thinks what he said was that you didn't know in advance that that was important
<br /> to them, and what he is saying is although it says in there that we want 40S, your client did
<br /> not understand that that was something that the City would consider when they awarded the
<br /> bid, and Mr. De Armas, said correct, but not that they didn't understand that it is important that
<br /> once you meet 40% which is a clear objective standard, once you meet that you are golden,
<br /> you don't need to do anything other than that, and Mr. Louden will testify and he doesn't
<br /> understand what the court wants him to do, if she wants him to proffer the testimony, and Ms.
<br /> Dickens said she would like to save some time and she will accept the proffering of testimony
<br /> if there is no objection from either side, and there was no objection, and Mr. De Arenas said
<br /> the proferring would be that he was prepared to do from 65% to 70% of the work in-house,
<br /> that he was never told that he needed to do anything other than 40% that,he put in 44% in
<br /> order to meet the requirements, move in and just concentrate on the value of the bid.
<br /> Mr. De Armas said he would like to address further undisclosed criteria which are contained in
<br /> an affidavit that was presented as part of a response today by ... Ms. Dickens said that she
<br /> does not have any scoring sheets, and Mr. De Armas said that there were'none and that is
<br /> why she does not have them, and that is exactly what the problem is. Ms. Dickens said that
<br /> she is not saying that there was one but it seems that he is indicating that the City had a
<br /> scoring sheet, and he said there was none, they are not telling us that they are going to
<br /> qualify bidders and that is why there are no scoring sheets, no committee, no presentation, it
<br /> is as simple as here, you are either responsible or you are not, and if you are responsible,we
<br /> are going to give it to the low bidder, and again, that is black letter law. Mr. De Armas said
<br /> that finally, he wants to be crystal clear that there is no finding of non-responsiveness, and the
<br /> Code provision 62-9 makes it clear that Tran not only in fact is responsive sand responsible,
<br /> but was found the juror to be responsible and responsive. Section 62-9 says that the City, if
<br /> they had found Tran non-responsive, had certain obligations and conditioris to meet, and it
<br /> reads"If a bidder or offeror who otherwise would have been awarded a contract is found non-
<br /> responsible, a written determination of non-responsibility, setting forth the basis of the finding
<br /> shall be prepared by the City Manager or the purchasing agent.", and that was not done, and
<br /> therefore we have to assume that Tran is a responsible responsive bidder and certainly was
<br /> the low bidder, and the only issue is whether the City at this point then is entitled to weigh and
<br /> determine that one bidder is more responsible or more responsive then another.
<br /> City of Sunny Isles Beach:
<br /> Hans Ottinot, City Attorney for the City of Sunny Isles Beach.
<br /> Action: City Attorney Hans Ottinot indicated that the protester council raised several
<br /> arguments that were not raised in the bid protest letter. Under the Procurement Code those
<br /> arguments were not raised in the bid protest letter, those arguments are waived. Ms. Dickens
<br /> said that is what it says in Section 62-15(A).
<br /> City Attorney Ottinot said that the protester has failed to satisfy its burden, he has cited
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