The URL can be used to link to this page

Home My WebLink AboutR-92-0466J-92-S03 6/29/92 RESOLUTION NO. 9 2- 466 A RESOLUTION, APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT THE PROTEST OF MET CONSTRUCTION, INC., IN CONNECTION WITH BID NO. 91-92-069, ORANGE BOWL MODERNIZATION PROJECT, PHASE II SEAT REPLACEMENT, AS IT HAS BEEN DETERMINED TO BE WITHOUT MERIT. WHEREAS, on April 7, 1992, the City of Miami advertised for bids for replacement of seats at the Orange Bowl Stadium; and WHEREAS, the City received six (6) responses to this bid on April 23, 1992; and WHEREAS, on May 18, 1992, Met Construction, Inc., protested this award, alleging that there were irregularities in the bidding process which gave G-T Sports an unfair advantage; and WHEREAS, pursuant to Section 18-56.1 of the City Code, the Chief Procurement Officer, in her role as arbiter, investigated the matter; and WHEREAS, the Chief Procurement Officer has determined that the 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 Met Construction, Inc.; CITY CotneSSION MEETING OF .i l t i n A 1992 Resolution No. 92-- 466 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 from Met Construction, Inc., in oonneotion with Bid No. 91-92-069, for replacement of seats at the Orange Bowl Stadium, is hereby approved. Section 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 9th day of July 1992. ATTES . MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: CARMEN L. LEON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: QUINNES, CITY ATT EY CLL:osk:M3047 VIER V. SjJARE2 , ,MAYOR -2- 92- 466 T,- �. r7! _ 1 INTER -OFFICE MEMORANDUM Honorable Mayor and Members I III 1 =Oq of the City Commission [)ATE' ? '- FILE Resolution of Protest r� SUBJE,T for Replacement of Seats {� at the Orange Bowl RErEREGCES Cesar H. Odio City Manager ENCLOSURES It is respectfully recommended that the City Commission adopt the attached resolution approving the Chief Procurement Officer's decision to reject Met Construction, Inc.'s protest, in connection with Bid No. 91-92-069, for replacement of seats at the Orange Bowl Stadium. On April 23, 1992, six (6) bidders responded to the City's bid for the above noted service. At its meeting on May 7, 1992, after a previous hearing on April 30, the City Commission awarded this contract to G-T Sports Enterprises, Inc. Met Construction, Inc., on May 18, 1992, protested to the Chief Procurement Officer that there were irregularities in the bidding process which gave an unfair advantage to G-T Sports. In its protest, Met alleges that the seat manufacturer refused to quote to other bidders, with the exception of G-T Sports. It was also stated that G-T Sports had private discussions with the City prior to submitting its bid. Pursuant to Section 18-56.1 of the City Code, the Chief Procurement Officer investigated the matter and determined that the protest lacked merit because Met Construction, Inc., did not meet the City time requirements to submit a protest on the first issue and secondly, that the bid documents do not preclude oral communications with the City prior to bid submission. ' Attachments: <( Proposed Resolution Copy of Protest Letter CITY or MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Cesar H. Odio, City Manager June 11, 1992 A. Quinn Jones III, City Attorney DATE F„E Protest on Orange Bowl = SUEUECT Seat Replacement, Bid No. 91-92-069 ��;,• Judy S. Ca ter REFERENCES — Chief Procu e nt O fir - Department o Gene al Services ENCLOSURES and Solid Wa I hereby request your approval of my rejection of the protest by Met Construction, Inc., in connection with the above noted bid. The basis for my decision, as set forth in the attached letter, is the fact that Met's protest has no merit. APPROVED: A',, Cesar H. Odio, City Manager APPROVED: orney c CA, 92- 46-6 J 3 lwtv of ttxrtt RON E. WILLIAMS �+• I Administrator JUN 2 4 1992 ''J � ��" �r„'►�'�. CERTIFIED MAIL Ms. Betty J. Threlkeld Met Construction, Inc. 406 NW 54 Street Miami, FL 33127 CESAR H. ODIC City Manager Re: Protest in connection with Bid No. 91-92-069 - Orange Bowl Modernization Project - Phase II Seat Replacement Dear Ms. Threlkeld: I, as Chief Procurement Officer of the City of Miami, have read your letter dated May 18, 1992, reviewed pertinent documents, talked with employees and researched the issues, pursuant to my duties under Section 18-56.1, City of Miami Code, Resolution of Protest Solicitations and Awards. You state that Met's protest is based upon irregularities in the bidding process, as summarized below: #1 The blow molded seat manufacturer, Contour Seats Inc., refused to quote prices to bidders other than G-T Sports; Response to Issue #1: According to your letter, this matter was raised at the pre -bid conference on April 21, 1992, and was, therefore, known to you since that date. Section 18-56.1 (a), stipulates that ..."The protest shall be submitted in writing fourteen (14) days after such aggrieved party knows or should have known of the facts giving rise to the action complained of." (Emphasis.added) I received your letter on May 19, 1992, twenty-eight (28) days after the pre -bid conference on April 21, 1992, the date you knew of the facts giving rise to the action complained of. Since you did not comply with the City Code's time requirements for filing, your protest on this issue cannot be considered. #2 Prior to bid submission, G-T Sports' communication with the City relative to its bonding capacity was in violation of Article 11 of the Instructions to Bidders. Response to Issue #2: Article 11 in the "Instruction to Bidders" does not prohibit bidders from orally communicating with City staff, provided that the bidders recognize that such conversations are not considered official communications. 92- 466 DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE/Procurement Management Division 1390 N.W. 20th Street/Miami, Florida 33142/(305) 575-5174/FAX: (305) S75-5180 - `S Ms. Betty J. Threl% .d 4`1 Page 2 J Based upon the foregoing, S have determined that your protest is without merit. The City Manager and City Attorney have approved my decision. The resolution approving my decision to reject your protest will be scheduled on the Thursday, July 9, 1992, City Commission agenda for consideration. The meeting will begin at 9:00 a.m. and will b- held in the City Commission Chambers, 3500 Pan American Drive, Miami. Please contact me if you have any further questions. Sincerely, cc: . C Procurement fficer Waldemar Lee, Assistant City Manager Carmen L. Leon, Assistant City Attorney Ron E. Williams, Administrator, GSA/SW Department Juan Ordonez, Public Works Department File 92- 466 DIET GON STRI 1 C TION, 1INTC. 406 ^tOWTHWEST 541P STV!-! i MIAMI• FLORIDA 33127 4305) 757.9504 7, it v Ca ?' t e r FAX-757-4031 Ch iei f 1,rr)citrement itf f. Ci'.v ( '-Atli Gs- nc•r,i :er-\ices Aim!it r-lion ice`,) t.. _''.'th Str• Arri Fiori6a 3312 F.r f)n:1 � Bow Yo,irrit iat ioit Pro jvrt. Please 1 1 (1.99'2 '.eat Rwplarorlett', Contract Nn. I1-6202 Vc-ar , . Cr+rvor : Pursuant to Artie]e 14(a) W- tit,, Instructions to Bidders . lid Pursuant t.o Sect irill 18-56.1.1 «,`, the Miami City Code. NET Coil st.ru,,t ion. inc. . pCOtests tht• award of. this contract to G-T Sports Enterpri ,r,r, Inc. It. is the understanding of NET that this award was made May 7, 1r99?_. YET's protest is based upon irregularities in the bidding, process t:hir'It resulted in an unfair advantage to G-T Sports Enterpri:iv,;, 7nt . including but. not 1united to the following: 1. The matilafact�irer of the blots molded stadium seatfs (Contour Seat. Inc.) described in Alternative Bid "A" refused to quote a price for materials only to bidders r.r.ht,r than G-'r ;,tzorts;. This issue was known to t 6ac rit.y of Miami because the issue was raised at t:hr I,re - bid roitfereitce. This gave an unfair advantaiw to G-T Sportss, and constitut:t,d :j gross irregularity in the bidding rirocess . 2. G-T Sports had a private discussion prior to submission of its bid with Caesar H. Odic, who advised G-T Sports that it could utilize the hondint; capacity of Contour Seats. Inc., to provide the performance bond required by the specifications. That communication teas in violation of Article 11 of the Instructions to Bidders and gave an unfair advantage to G-T Sports;. NET will appreciate your prompt response to its protest. Respect.fullv. MET Construction. Inc. 1 • Petty Jo Thrr hold President ,irIsep}t V. Down!-. II1 . Lsq. 9�s"' 66 ' A. Quinn JonNs Ill. Esq. 4:aldeman Lee Caesar Odio City of Miami Commissioners a