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Bid Protest Hearing
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(07-10-02) Central Island Drainage
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Bid Protest Hearing
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10/1/2015 10:27:14 AM
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The City complied with the competitive bidding requirements in awarding Bid No. 07-10-02 to <br /> Southeastern. Because the award of this bid was in excess of$25,000.00 the City was required to follow <br /> the competitive bidding guidelines set forth in Chapter 62 of the City Code of Ordinances. This required <br /> the City to issue a formal invitation to bid which included specifications and all contractual terms and <br /> conditions applicable to the procurement. This also required the City to issue a public notice for the <br /> invitation for bids no less than fourteen calendar days prior to the date set forth in the notice of the <br /> opening of the bids. This process further required that the bids be sealed and opened publicly, in the <br /> presence of one or more witnesses, at the time and place designated in the public notice of the invitation <br /> for bids. Finally, competitive bidding procedure required that the amount of each bid and such other <br /> relevant information deemed appropriate by the City Manager, be recorded along with the name of each <br /> bidder. See Section 62-7(B) of the City Code ('Competitive bidding procedure"). <br /> It is undisputed that the City strictly followed the requirements of 62-7 of the City Code. Here, the <br /> City issued a formal invitation to bid, including the issuance of bid specifications and all contractual <br /> terms and conditions applicable to Bid No. 07-10-02. The City issued public notice for the invitation for <br /> the bid within the required time periods. In addition, a mandatory pre-bid conference was held on <br /> October 31, 2007, at 10:00 a.m. in order to answer all questions and comments from the prospective <br /> bidders.' <br /> ii. The City followed the bid award criteria in Section 62-8 of the City Code <br /> In its bid protest letter, Tran also fails to argue that the City failed to follow the bid award criteria set <br /> forth in Section 62-8 of the City Code (`Award"). Accordingly, under Section 62-15 of the City Code, <br /> this argument is also deemed waived. However, even assuming arguendo that Tran had not waived this <br /> argument, the evidence clearly demonstrates the City's compliance with these guidelines. <br /> Section 62-8 of the City Code provides in relevant pan as follows: <br /> A. All contracts shall be awarded by the City Manager, as stated above, to the lowest <br /> responsible and responsive bidder. In addition to price, there shall be considered the <br /> following: <br /> (1) The capacity, ability and skill of the provider to perform the contract: <br /> (2) Whether the provider can perform the contract within the time specified without delay or <br /> interference; <br /> (3) The character, integrity, reputation,judgment, experience and efficiency of the provider; <br /> (4) Professional licensure required when service of a skilled nature as required by law to <br /> perform such service and/or skill; <br /> (5) The quality of performance of previous contracts; <br /> (6) The previous and existing compliance by the provider with laws and ordinances relating <br /> to the contract; <br /> (7) The ability of the provider regarding future maintenance and service for the use of the <br /> subject of the contract; <br /> 2A copy of the Minutes from the mandatory pre-bid conference is attached hereto as Exhibit "C". <br /> 3 <br />
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