HomeMy WebLinkAboutR-91-0835J-91-842
11/6/9l.
RESOLUTION NO.
A RESOLUTION APPROVING THE CHIEF PROCUREMENT
OFFICER'S DECISION TO REJECT THE PROTEST
RECEIVED FROM ANDY FRAIN SERVICES IN
CONNECTION WITH THE CITY'S REQUEST FOR
PROPOSALS (RFP) FOR USHERS, TICKET TAKERS AND
PEER GROUP SECURITY SERVICES FOR THE ORANGE
BOWL CLASSIC GAME AND OTHER EVENTS AT THE
ORANGE BOWL, AS IT HAS BEEN DETERMINED TO BE
WITHOUT MERIT.
WHEREAS, on August 19, 1991, the City of Miami issued a
Request for Proposals (RFP) for ushers, ticket takers and peer
group security services for the Orange Bowl Classic Game and
other events; and
WHEREAS, on August 26, 1991, the City of Miami received a
protest from Andy Frain Services (the Firm) in connection with
said RFP; and
WHEREAS, the Firm alleged that the RFP's requirements that
` the bidder provide the above listed services within the last
three years to college football games in the Miami area was
unreasonable and restrictive; and
j WHEREAS, the Chief Procurement Officer, pursuant to
(� Section 18-56.1 of the City Code, in her role as arbiter,
investigated the matter and determined that the evaluation
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criteria outlined in the proposal specifications were not unduly
CITY
Sa
N O V 1.4 1991
restrictive, but rather sought to ensure that the City procure
the services of the best qualified and experienced firm, with a
demonstrated record of fulfilling its obligations; 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 Andy Frain Services;
: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 received from Andy Frain Services in
connection with the City's Request for Proposals (RFP) for
ushers, ticket takers and peer group security services for the
Orange Bowl Classic Game and other events at the Orange Bowl is
hereby approved.
Section 3. This Resolution shall become effective
immediately upon its adoption.
2
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PASSED AND ADOPTED this 14th day of November _—, 1991.
XAVIER �a./SL�ARF' ; MAYO
ATTEST* Cam'
MATT HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
CARMEN L. LEON /
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
AQUINPJONRS, III71
C TY ATTORN
CLL:gb:M2639
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INTER -OFFICE MEMORANDUM
Honorable Mayor and Members E �'
of the City Commission
SUHJE(-
01
RFrERENCEs
Cesar H . Odio
City Manager FWLOSURE,
RECOMMENDATION
Resolution of Protest
for Ushers, Ticket -
Takers, Peer Group
Security
It is respectfully recommended that the City Commission adopt the
attached resolution approving the Chief Procurement Officer's
decision to reject Andy Frain Services' protest, in connection
with the City's Request for Proposals (RFP) for ushers, ticket -
takers and peer group security services for the Orange Bowl
Classic Game and other events at the Orange Bowl.
BACKGROUND
On August 26, 1991, a protest was received from Andy Frain
Services, relative to the above noted RFP. In its protest the
firm alleged that the City's insistence that the Proposer have
experience in college football games in the Miami area within the
last three (3) years was unreasonable and restrictive. Pursuant
to Section 18-56.1 of the City Code, the Chief Procurement
Officer investigated the matter and determined that the protest
lacked merit.
The Special Conditions in the RFP document clearly outlined
several factors relevant to the City's requirements for acquiring
the desired services, including the criteria for evaluating the
proposals. Items 3 and 4, Section 17, of the Special Conditions
state:
"The company must have at least three (3) years of
experience dealing with local (Dade/Broward
counties) events at major local facilities of over
50,000 crowd capacity with approximate equal
attendance or over."
"The company must have done at least twenty (20)
large (30 to 50 thousand attendance) events during
the last three (3) years using local staffing. At
least five (5) of those events must have been
k
Honorable Mayor and Protest for Ushers,
Members of the City Commission Ticket Takers and
Peer Group Security
College football games with crowds over 30,000 per
event and at least ten (10) other events with
crowds over 50,000 in attendance each."
The above criteria enable the City to evaluate the proposer Is
current experience, expertise in the field, and use of local
staffing.
The Orange Bowl Classic Game is an important, annual event in the
City of Miami which draws national attention. Effective vendor
performance is crucial to the success of such an event to ensure
that the City must fulfill its responsibilities to the community
at large and to the many game patrons in attendance. The
criteria established in the RFP enable the City to obtain the
most qualified and experienced company to effectively perform the
required services at these events.
In addition, it is the City's plan to foster local business
growth and employment, to the greatest extent possible. This
objective also coincides with sound business practice. In
accordance, requirements were placed in the RFP document to
utilize firms which employ local staffing, not only to effectuate
this plan, but to encourage the ethnic diversity needed to deal
with a multi -cultural crowd.
These criteria were not intended to be restrictive but to assist
the City in procuring the service provider most compatible with
our needs. Therefore, the protest is deemed without merit and is
rejected.
Attachments:
Proposed Resolution
Copy of Protest Letter
ON
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Cesar H. Odio, City Manager DATE September 25, 1991 FILE
A. Quinn Jones, Acting City Attorney
SUBJECT protest in connection
with RFP 90-91-134 for
Ushers, Ticket -Takers
FROM REFERENCES.
Judy S. Carter
Chief Procurem Off icer ENCLOSURES
Department of eneral Services
and Solid
I hereby request your approval of my rejection of the bid protest
by Andy Frain Services, in connection with the City's Request for
Proposals (RFP) for Ushers, Ticket -Takers and Peer Group Security
services for the Orange Bowl Classic Game and other events at the
Orange Bowl.
The grounds for my decision, as set forth in the attached letter,
include among others, the fact that the requirements in the
specifications for the RFP were not unduly restrictive.
APPROVED:
Cesar H. Odio, City Manager
APPROVED:
A. Quinn Jones, III, Acting City Attorney
`u.Tag
1E
RON E. WILLIAMS
Administrator
September xx, 1991
CERTIFIED MAIL
CESAR H. O DIO
City Manager
Mr. Bram L. Bottfield
Andy Frain Services
1000 Lincoln Road, Suite 220
Miami Beach, FL 33139 DRAFT
Re: Protest - Re RFP No. 90-91-134
Ushers, Ticket Takers, Peer Group Security
Dear Mr. Bottfield:
I, as Chief Procurement Officer of
your protest of August 23, 1991,
reviewed the pertinent documents,
Section 18-56.1, City of Miami
Solicitations and Awards.
the City of Miami, have read
investigated the issues, and
pursuant to my duties under
Code, Resolution of Protest
You allege that the bid specifications for the above noted
services were restrictive, specifically the requirement that the
bidder have experience 'within the last three years to college
football games in the Miami area'. For the record, this is not a
bid but a Request for Proposal (RFP), which allows the City to
establish criteria which directly meet its needs. In addition,
the RFP did not request experience in the 'Miami area' but
experience dealing with local events - local being defined as
within Dade and Broward counties.
Iin your letter, it appears as though you may have extrapolated
certain provisions from items 3 and 4 to create your own
perception of the requirements outlined in Section 17, Evaluation
Criteria, of the Special Conditions.
According to the proposal document, the Evaluation Criteria, in
particular items 3 and 4, state:
"The company must have at least three (3) years of
experience dealing with local (Dade/Broward
counties) events at major local.facilities of over
50,000 crowd capacity with approximate equal
attendance or over."
"The company must have done at least twenty (20)
large (30 to 50 thousand attendance) events during
the last three (3) years using local staffing. At
least five (5) of those events must have been
College football games with crowds over 30,000 per
event and at least ten (10) other events with
crowds over 50,000 in attendance each."
These criteria enable the City to evaluate the proposer's current
experience, expertise in the field, and use of local staffing.
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
sF\"1 RY:F'RO(l RF11F\T M1\AGF11F\T:10-28-91 : 4:02PNI
CITY OF M10 1-
3058381707:# 3/ 3
Andy Frain Servi'NI
Page 2
The requirement that the proposer have experience within the last
three years is to assure the City that the service provider is
knowledgeable of up-to-date methods and techniques in managing
and controlling large crowds in attendance at these events. For
business reasons, the only practical and feasible option is for
the City to hire a service provider with recent experience in
handling large crowds. Anything less could jeopardize the City's
ability to fulfil its responsibilities to the community at large
and could adversely affect its national image.
The RFP required an overall experience with 20 events, only one-
fourth of which required experience with college football games
attended by large crowds. In your letter, you agreed that the
proposer should have the appropriate experience in the field.
Since the majority of events held at the Orange Bowl are college
football games, it is reasonable for the City to require that the
service provider have expertise in dealing with these types of
crowds.
In regards to the local staffing requirement, it is reasonable
for the City to require the service provider to use local
staffing which is reflective of the diversity of the peoples
attending these events. It is anticipated that such staff would
be able to more effectively respond to patrons' needs.
I do not believe that these requirements are unreasonable or
unduly restrictive. The City of Miami is mandated to procure
services from offerors whose proposals are most practicable and
advantageous to the City.
For the above reasons, your protest is deemed without merit and
is, therefore, rejected.
_ The City Manager and City Attorney have approved my decision.
You will be notified as soon as the protest is scheduled for
inclusion on the City Commission agenda.
Sincerely,
Judy S. Carter
Chief Procurement Officer
cc: Max Cruz, Assistant Director, Conferences & Conventions
Carmen L. Leon, Assistant City Attorney
Ron E. Williams, Administrator, GSA/SW Department
File
A
5EN1 BY:PROC1.REMLM MIA'NaGEMENT:10-28-91 : 4:02PNI CITY OF '111IAMI-
A IN DY FRAIIN SERVICES
3038581707:r 3/ 3
ECEIVED I w
CROWD ENOIWA1NG
SECURITY • CONSULTANTS
L /,UG 2 G 1991
eUT_�
City Of NiQmi
MinorigjWomeo 8uslflez Affairs
August 23, 1991
Chief Procurement Officer to
City of Miami "
3500 Pan American Drive, Dinner K.ey C
P.O. Box 330708, Coconut Grovc Station
Miami, Florida 33233 - 0706 v�i c =�
Dear Sir,
With regard to your bid #90-91-134, which is for Ushering, On
Ticket Taking and peer group security services at the MiamiN Lf
orange Bowl, our firm protests the bad as currently written.
Per section 18-56.1 of the city code, this letter is being
sent in conformity with the times indicated.
It is logical to request that a bidder have experience in
the field. It is logical to request that the bidder have a
certain number of years in the field. Howover, it is most
unreasonable and restrictive to insist that the bidder must
have provided these services within the last th a ears to
collogEL football games in the Miami area. This is specif-Ie-a
in section 4 of special conditions which is part 17 of the
bid.
With L•hi: restriction placed into the bid, the bid has been
rendered non competitive and has been made into a "sweetheart
deal" for someone. As there have only been t.wm--firms t11aL itdve
provided such service in the last three years, it would seem
to be a 50/50 shot as to whom.
If this restriction is not lifted, we will appeal to the city
commission and request further information as to why it was
not.
Thank you for your attention to this matter.
Si rely,
am L. feld
Director o Security
BLB/me
1000 Lincoln Road, Suite 220 • Miami Beach, Florida 33139
(305) 532-481 S 0 FAX (305) 531.1391
MIAMI • CHICAGO • LOUISVILLE • LEXINGTON • DENVER • SALT LAKE CITY • CLEVELAND
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