HomeMy WebLinkAboutR-93-0585J937 577
07-23-935`
RESOLUTION NO. 9 3
A RESOLUTION, APPROVING THE CHIEF
PROCUREMENT OFFICER'S DECISION TO
REJECT THE PROTEST OF EASTMAN KODAK
COMPANY', (KODAK), IN CONNECTION WITH
BID NO. 92-93-103, FOR SIX (6) HEAVY
DUTY COPIERS, AS IT HAS BEEN
DETERMINED TO BE WITHOUT MERIT.
WHEREAS, on June 8, 1993, the City of Miami mailed out
invitations for bids, via Bid No. 92-93-103, for six (6) heavy
duty copiers; and
WHEREAS, on June 24, 1993, Eastman Kodak Company (I:odak)
protested the bid specifications as being restrictive; and
WHEREAS, the Chief Procurement Officer, pursuant to Section
18-56.1 of the City Code, in her role as arbiter, investigated
the matter, met with a representative of Kodak and determined
that Eastman Kodak Company's protest was without merit and has
rejected the protest; and
WHEREAS, the City Manager and the City Attorney concur with
and approve the finding of the Chief Procurement Officer and
recommend rejection of the protest filed by Eastman Kodak
Company.
CITY com asslom
MET", 111T a-P
SEP 2 7 1993
Resolution No.
9 3 er �
I
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The Chief Procurement Officer's decision to
reject the protest of Eastman Kodak Company, in connection with
Bid No. 92-93-103 for six (6) heavy duty copiers, is hereby
approved.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 27th day of September , 1993.
XAVIER L. S ARE2, MAYOR
ATT T
MA TY HIRAI. CITY CLERK
PREPARED AND APPROVED BY:
CARMEN L. LEON
ASSISTANT CITY AT ORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUXRJff J S, III
CITY A r
NEY
93- 585
CITY OF MIAMI, FLORIDA 16A
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members DATE C�� 1 7 INI
of the City Commission FILE
Resolution of Protest
SUBJECT for Six ( 6 ) Heavy Duty
Copiers
FROM
REFERENCES
ENCLOSURES
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the
attached resolution approving the Chief Procurement Officer's
decision to reject the protest of Eastman Kodak Company, (Kodak),
in connection with Bid No. 92-93-103, for six (6) heavy duty
copiers.
BACKGROUND
On June 8, 1993, bids were solicited for heavy duty copiers in
accordance with the needs of the user departments. By letter on
June 24, 1993, Kodak protested two mandatory items in the bid
specifications as being restrictive. These items were the
enlargement feature and the number of copies per minute.
Subsequently, on July 14, 1993, the Chief Procurement Officer met
with a representative from Kodak as requested in their protest
letter. In addition, the Chief Procurement Officer surveyed the
user departments of Law, Planning, Building & Zoning, Police and
Public Works which required the two mandatory features noted in
the bid specifications.
Pursuant to Section 18-56.1 of the City Code, the Chief
Procurement Officer duly investigated the matter and determined
that the protest lacked merit, as detailed in the attached
letter.
Attachments:
Proposed Resolution
Copy of Protest Letter
93— �85
RON E. WILLIAMS
Assistant City Manager
July 28, 1993
CERTIFIED MAIL
Mr. Peter Hanley
Eastman Kodak Company
800 Corporate Drive, Suite 124
Ft. Lauderdale, FL 33334
Dear Mr. Hanley:
CESAR H. ODIO
City Manager
Re: Protest on Bid No. 92-93-103 for Six (6) Heavy Duty Copiers
As Chief Procurement Officer of the City of Miami, I received
your protest letter on June 24, 1993, reviewed pertinent
documents, talked with employees, met with your representative,
and researched the issues, pursuant to my duties under Section
18-56.1, City of Miami Code, Resolution of _Protest Solicitations
r ;. - . •n
In a meeting with Ms. Lisa Vazquez of your office on July 14,
1993, she explained that Kodak felt the bid was restrictive
because of two items listed in the Mandatory Requirements,
Section A, page 9 of the bid specifications. Specifically, Ms.
Vazquez cited the requirements for production of a minimum of 90
copies per minute and the enlargement capability, stating that
these restrictions would not allow for competitive participation
of firms other than Xerox Corporation.
The user departments of Police, Law, Public Works and Planning,
Building & Zoning were contacted to assess the need for these two
features. The four departments all use the enlargement feature
on a repetitive basis for plats, maps, diagrams, law books, legal
documents and exhibits, as well as other official documents
encountered in their every day functions. They consider it
essential in their daily operations. In addition, the affected
departments indicated that a copier speed slower than the
required minimum of 90 copies per minute would be unacceptable
because they have many recurring deadlines which require the
timely dissemination of important documents, i.e. police reports,
agendas, and public hearing notices. These features were based
on the substantial needs of the departments and, therefore,
included in the bid specifications. The features are not
optional but requisite items.
For these reasons, the City does not deem the mandatory
requirements of the features mentioned as unduly restrictive
since they are based on the essential needs as determined by the ��
user departments.
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE/Procurement Management Division
1390 N.W. 20th Street/Miarni, Florida 33142/(305) 575-5174/FAX: (305) 575-5180
93- 585
Eastman Kodak Cor ")ny
Paget
f~~ July 28, 1993
Based upon the foregoing-,- I am rejecting your protest. The City
Manager and City Attorney have approved my decision.
The matter has been scheduled on the City Commission agenda for
Thursday, September 9, 1993, beginning at 9:00 a.m. The meeting
will be in the City Commission Chambers, City Hall, 3500 Pan
American Drive, Miami, Florida.
Sincerely,
Judy �S S. Carter
Chid, Procurement Of icer/Assistant Director
cc: Ron E. Williams, Assistant City Manager
Carmen L. Leon, Assistant City Attorney
John Austin, Superintendent, Graphics Division
93- 585
y
�Y1Slp 1N
Z4 r.
June 15, 1993
Chicf Procurement Officer
City of Miami
1390 N.W. 20th Street
Miami, Florida 33142
This letter serves as a formal notice of protest in regard to BID #92-93-1 N..
recommendetiom. It should be noted that this notice of protest has been
filed within 14 days after receipt of the hid,
The intent of this protest i , to offer Lhe City of Miami the broadest basis
for a competitive selection. We feel the bid is restrictive and amounts to
sole sourcing the equipment.
In order to discuss this further, we are requesting a meeting with the
Chief Procurement Officer and any one else involved with the bid.
Please contact me at (800) 755-1061.
Sincerely,
Peter Hanley
Distrii.t Saps Manager
Office Imaging Group
OVAIM
1
Taatman YgdafCumpany
800 Corporate Drive, Suite 124. Yt. Lauderdale. An 42224