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Home My WebLink AboutR-92-0096J-92-96 1/30/92 RESOLUTION NO. A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT THE PROTEST RECEIVED FROM FLORIDA CLEAN HARBORS, INC., IN CONNECTION WITH BID NO. 90-91-149 FOR SPECIALIZED CLEANING SERVICES AT CITY WATERFRONT FACILITIES, AS IT HAS BEEN DETERMINED TO BE WITHOUT MERIT. WHEREAS, in August 1991, the City of Miami issued Bid No. 90-91-149 for specialized cleaning services at several City waterfront facilities; and WHEREAS, two weeks prior to the receipt of bids Addendum No. 1 was issued to replace the bid price form contained in the original bid documents; and WHEREAS, the City received two responses to this bid and staff from the Parks and Recreation Department evaluated said two responses; and WHEREAS, on December 12, 1991, the City of Miami received a protest from Florida Clean Harbor, Inc., alleging that the evaluation of bids was inadequate, particularly as related to prices submitted and equipment to be used; and WHEREAS, pursuant to Section 18-56.1 of the City Code, the Chief Procurement Officer, in her role as arbiter, fully investigated the matter; and CITY covmSSION MEE'iING OF , vp r r- N 13 199Z WHEREAS, the Chief Procurement Officer determined that the i City properly evaluated the bids in accordance with bid specifications and that the protest was without merit and should be rejected; and i 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 Florida Clean Harbors, Inc.; s NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY i 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 received from Florida Clean harbors, Inc., in connection with the Bid No. 90-91-149 for specialized cleaning services at City waterfront facilities, is hereby approved. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 13th day Feb ar , 1992. XAVIER LJUAREZ, YOR ATTE1 MATTY- HIRAI CITY CLERK 2 - Vft PREPARED AND APPROVED BY: CARMEN L. L 0N4�� ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: CITY ATTO, CLL/ra/M2794 - 3 - CITY OF t01A.101. FLORIDA � .16 INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members DATE FEB 5 I FILE of the City Commission 1 992 SUBJECT Resolution of Protest hltl4�e in connection with Bid No. 90-91-149 FROM Cesar H . Odlo REFERENCES City Manager ENCLOSURES RECOMMENDATION It is resrectfully recommended that the City Commission adopt the attached resolution approving the Chief Procurement Officer's decision to reject Florida Clean Harbor's protest, in connection with the Bid No. 90-91-149 for specialized cleaning services at City waterfront facilities. BACKGROUND On December 11, 1991, a protest was received from Florida Clean Harbors relative to the above noted bid. In its protest the firm alleged that the bids were inadequately evaluated relative to prices submitted and equipment to be used. Pursuant to Section 18-56.1 of the City Code, the Chief Procurement Officer fully investigated the matter and determined that the protest lacked merit, and has, therefore, rejected the protest. Attachments: Proposed Resolution Copy of Protest Letter CITY OF MIAMI, FLORIDA t0 INTER -OFFICE MEMORANDUM TO: Cesar H. Odio, City Manager DATE : January 13, 1992 FILE A. Quinn Jones III, City Attorney FROM : Judy S. Carte Chief Procur Department and Solid Wa SUBJECT : Protest in connection with Bid No. 90-91-149, Specialized Cleaning REFERENCES: f icer al Services ENCLOSURES: 1,j I hereby request your approval of my rejection of the protest by Ii Florida Clean Harbors, with reference to the above noted bid for �i specialized cleaning at City waterfront facilities. 1� The basis for my decision, as set forth in the attached letter, is the fact that the firm protest lacks merit. APPROVED: Cesar H. Odio, City Manager APPROVED: A. Quinn Jones II , City Attorney 4� of �filaml RON E. WILLIAMS Administrator January 13, 1992 �',R �:o-'% CERTIFIED MAIL �,,,,�,, Mr. D. T. Quinn Florida Clean Harbors c/o Oceanic Steamship Company 1007 North American Way Miami, FL 33132 Re: Protest in connection with Specialized Cleaning of Waterfront Facilities, Bid No. 90-91-149 Dear Mr. Quinn: CESAR H. ODIO City Manager I, as Chief Procurement Officer of the City of Miami, have read your protest dated December 11, 1991, reviewed pertinent documents and talked with employees, pursuant to my duties under Section 18-56.1, City of Miami Code, Resolution of Protest Gnl init•af-innS and Awards. The issue is summarized below: 1. You allege that the bid evaluation was inadequate, particularly as relates to pricing and type of equipment to be used. My research reveals the following: The initial bid price form was based on two items: la. Cost for cleaning, per bid specs; lb. additional cost for trash disposal 2. Minimum.# hours required per call; additional charges, if any. On September 9, 1991, approximately fourteen days before the bids were due, Addendum No. 1 was issued to replace the original price form included in the bid. The amended form, broken down into three separate sections, included: Item #1. flat rate per cleaning Alternate Item #2a. per 1/2 day cleaning #2b. per all day cleaning Alternate Item #3. per hour, minimum hours The second page of the addendum requested descriptions of methods and manpower to be used to accomplish the tasks. Bidders were required to bid all items and alternates and were cautioned that the Citv reserved the right to select whichever item or alternate it deemed most advantageous. DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE/Procurement Management Division 1390 N.W. 20th Street/Miami, Florida 33142/(305) 575.5174/FAX: (305) 575-5180 I � t . . Florida Clean Harbi Page 2 January 13, 1992 ~` Staff from the Parks and Recreation Department evaluated both bids and decided that, based -on budget considerations, the flat rate structures in Items 1 and 2 would be too expensive. They opted to utilize the hourly rate charges in Item 3, by which they could limit the actual numbers of hours worked and thus have better control over departmental expenditures for this operation. This would be more compatible with staying within their limited budget. South Florida Maintenance quoted the lower hourly rate charge in Item 3 and thus was selected for the award. In addition, the equipment specified in the bid called for 'watercraft capable of providing for effective removal of waste and debris from water surfaces.' Furthermore, a physical inspection of the bidder's vessel was mandated, prior to bid award, to verify compatibility with our operations. South Florida Maintenance's equipment was inspected and found to be acceptable for the operations to be undertaken. In your letter of September 18, 1991, you acknowledged that you were unable to have your vessel available for inspection by the City, in compliance with bid specification requirements and although you had demonstrated similar watercraft, City staff did not inspect the actual vessel you intended to use. In conclusion, it is my determination that the Department acted within its purview by selecting the bid which most met their needs. Therefore, based on the above, your protest is deemed without merit and is rejected. The City Manager and the City Attorney both concur with my decision to reject your protest. You will be notified when the matter will placed before the City Commission as soon as information becomes available. Sincerely, ud T e C i fcureme t Off cc: Alberto Ruder, Director, Parks & Recreation Carmen L. Leon, Assistant City Attorney Ron E. Williams, Administrator, GSA/SW Department File 3_z`3r-.C� C7C?A 4r---3✓.3M17#21T H.F%�Az 46 [�i2S �o Ocena�io Stenmahi.p Compnr�y X 0 0 7 North Amori cn We►y — M l enmi . F l o r i do 3 3 1 3 2 Te 1. 3 O 3/ 3 7 4— 5 4 0 0 lJ '" n December 11, 1991 �- Ms. Judy Carter ECEI VE Chief Procurement Officer General Services Administration IR & Solid Waste Department U ' � 0 City of Miami IH 1. OUT 3500 Pan American Way City of vliami Miami, Florida 33134 Minority /Wciren Rusin:{s Affairs Dear Ms. Carter: We are writing in accordance with Section 18-56.1 of the City of Miami Code, and we are protesting the award of Bid No. 90-91-149. We are protesting the award of the bid to South Florida Maintenance Services, Inc., on the basis that we do not feel adequate evaluation was made of the bid to take into account the prices submitted, and the type of equipment to be used in the cleanup operation. Section 18-56.1 allows a protest by the aggrieved party (Florida Clean Harbors, Inc.) within fourteen (14) days after we became aware of the facts. As late as December 4, 1991, we contacted your office, and spoke to a Ms. Sara Gonzalez, who told us that the matter would come before the City Commission at about 0930 on Thursday, December 5. By the 6th of December, we were informed that the decision to give the contract to South Florida Maintenance Services had already been made, without what we feel should have been a proper evaluation, which was contrary to all of the information that we had available to us. Please advise how we should next proceed to pursue our protest. Thank you, sincerely, for your cooperation. Sincerely yours, u i �nn DTQ:bcm cc: Mr. Alberto Ruder - Director -Department of Parks & Recreation Commissioner J. C. Plummer Commissioner Miller Dawkins