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TRAN CONSTRUCTION, INC. CASE NO: <br /> Petitioner, <br /> vs. <br /> THE CITY OF SUNNY ISLES BEACH, a <br /> Florida municipal corporation, <br /> Respondent. <br /> Response to Bid Protest by Tran Construction, Inc. and Memorandum of Law <br /> The City of Sunny Isles Beach (the "City") hereby files its Response to the Bid Protest filed by <br /> Tran Construction Inc. ("Tran"). The Hearing Examiner should dismiss the bid protest for the following <br /> reasons: <br /> (1) The City has the authority to select the most qualified bidder under the City Code; <br /> (2) The City has the authority to select the bid that is in the best interest of the City <br /> under the bid documents; and <br /> (3) The City is not required to select the bidder with the lowest price under the law. <br /> I. Introduction <br /> This is a bid protest filed by Tran of a decision made by the City Manager and the City <br /> Commission to award Bid. No. 07-10-02, to Southeastern Engineering Contractors. Inc. <br /> ("Southeastern"). At issue is whether the City's decision to award the aforementioned bid is consistent <br /> with the City Code and the law. As more fully discussed below, the Hearing Examiner should find that <br /> the decision was appropriate and fully supported by the law. The bid protest should be rejected for the <br /> reasons stated below. <br /> II. Factual background <br /> On November 28, 2007, the City received fourteen (14) responses to Bid No. 07-10-02 for the <br /> Central Island Drainage and Street Improvements Project ('Central Island Project"). The bid responses <br /> were received on November 28, 2007, before the 10:30 a.m. closing time, at which time the bids were <br /> opened publicly and read aloud by the City Clerk. The bids were evaluated for compliance with the <br /> City's contract documents and specifications. Ten (10) of the prospective bidders were found to comply <br />