CCMIN082096 - Laserfiche WebLink

Larsen did not list this information on half of the twenty-five requests. To not list the location of a subcontractor is considered an invitation to bid shopping. Mr. Nelson believes this is more than a "minor irregularity;" it provides an unfair advantage to any bidder who decides he does not wish to fill out the bid form as directed. Mr. Nelson explained that in public contract bidding, one must get the right number, get the form filled out correctly and get the bid in by the deadline. Midstate met all three requirements with a contract price that was approximately the same number as Ralph Larsen. Ralph Laxsen did not meet these three requirements. Without being in by the deadline and without filling in the form correctly, it doesn't matter whether the number is right because most municipalities would reject the proposal. Midstate Construction is qualified to do this work, and enjoys a professional relationship with the City staff and architect. In the document about the bid protest, staff says not filling out the name and address for a subcontractor is a minor irregularity. It provides an unfair advantage and provides an opportunity to bid shop which is specifically not allowed by the Public Contracts Code. The specifications are very specific as to needing metal fence and gate experience and a Landscape Contractor License. Neither have been provided in the documents Mr. Nelson received for review. Mr. Nelson maintained that his company completely filled out the bid forms while Ralph Larsen & Sons did not. His question is that since the City has the right and authority to expect the contract to be performed to the letter of the contract both in the bid and in performance, isn't it fair that the City also adhere to the law and its own specifications in awarding the contract? Debra Barker, 2947 Chardonnay, supported the previous speaker's comments. Money is not the issue since there is a difference of only $1300, it is a matter of who did it right and who did it wrong. Being a licensed contractor, she stressed the importance to fill out the bid forms correctly. This is done to protect the subcontractors so that contracts are not taken away from them. She supports awarding the contract to Midstate Construction because they did the bid procedure right. Mr. Tarver noted that it is important to get this job done right and as quickly as possible without having any problems that would cause additional costs or delays. He asked Mr. Roush if there is a problem with staff recommendation along those lines. Mr. Roush stated there is always a risk with a bid protest. Whoever is not awarded the contract could seek legal recourse. Here, the City Council has the discretion to award the contract to whom they wish, depending on the merits of the bid protest. The way staff looked at the situation was that the failure to meet the strict requirements did not give the low bidder any competitive advantage over Midstate Construction. Ms. Mohr stated this is not an easy position for the Council. Everyone wants the pool built and the bids are surprisingly close. She sees no recourse but to accept the staff recommendation, since she does not have the legal expertise to make an independent decision. Ms. Michelotti asked if this matter could be discussed in closed session. Mr. Roush agreed it would be acceptable to discuss this in closed session. 08/20/96 -17-