Bid Protest Hearing - Laserfiche WebLink

Home Browse Search

® ! RECEIVED TRAN F_8 2 1 2008 CONSTRUCTIONS„ BUILDING QUALITY & DELIVERING EXCELLENCES% Cryol Sunnytsics Besch CC C 060092 CYCe of toe City Clerk February 21, 2008 HAND DELIVERED John Szerlag, City Manager City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Fl 33160 Jane Hines City Clerk 18070 Collins Avenue Sunny Isles Beach, Fl 33160 Ref: Bid Protest-Construction Improvements for the City of Sunny Isles Beach Central Island Drainage and Street Improvements Bid No. 07-10-02 Dear Mr. Szerlag: This letter serves as Tran's protest of the City's recommendation not to award the subject Project to Tran. The legal basis for our protest is that there is no question but that the award must go to the lowest responsible bidder. Paragraph 18.2 of the Request for Proposals states: "It is the intent of the Owner to award a Contract to the lowest responsible Total Base Bidder whose Bid is in conformance with the Bidding Documents and does not exceed the funds available." Here. Tran is the low bidder by more than One Hundred Thousand Dollars ($100,000) and its bid is below the funds earmarked for the Project. The bid tabulations are attached for your immediate reference. Not only is Tran the lowest bidder, it is clearly a competent, responsive, responsible bidder. iTran has an unrivaled record of completing civil work, particularly water and drainage work, on time and on budget. Tran has substantial experience performing this type of work, has successfully completed numerous similar jobs, some of which are referenced in our bid package, and the reasons given by your staff--'namely that Tran was alleged by an unnamed source to have been delayed in completing an unnamed job for the City of Miami Beach -- is pretextual and, more importantly, irrelevant. Here, the Contract documents and specifications contain an exhaustive list of experiential criteria that can disqualify a bidder. Tran is not disqualified by any of these criteria. These criteria are contained at Paragraph 6.3 as follows: Bidders may be disqualified and their bids rejected for any of the following specific reasons: a. Reason to believe that collusion exists among Bidders. b. Determination of lack of competency as may be revealed by qualification statements, financial statements, experience records,or other questionnaires. c. The Bidder's uncompleted work load which in the judgment of the City may cause detrimental impact on prompt completion of this project. d. The Bidder is involved in any litigation against the City. e. The Bidder has defaulted on any previous contract or is in arrears on any existing contract. f. The submittal of more than one proposal from an individual, firm, partnership, corporation or association under the same or different names. I e. The Bidder, or its principals, has outstanding code enforcement violations with the City of Sunny Isles Beach. 111011 NW 51 51RI:ET,311A■11.FL 33127: I'!IO\E-3115-756-7756: FAX-305-7 56-77511 2-2I-OS LETTER TO SZERIAG.doc