HomeMy WebLinkAboutR-91-0842J-91-900
11/6/91
RESOLUTION NO.
A RESOLUTION APPROVING THE CHIEF PROCUREMENT
OFFICER'S DECISION TO REJECT THE PROTEST
RECEIVED FROM GREATER MIAMI CATERERS, INC. IN
CONNECTION WITH CONSTRUCTION CATERING, INC.'S
RESPONSE TO BID NO. 90-91-148 FOR CHILD CARE
FOOD PROGRAM SERVICES, AS IT HAS BEEN
DETERMINED TO BE WITHOUT MERIT.
WHEREAS, on September 4, 1991, the City of Miami issued
Invitation for Bids No. 90-91-148 for child care food program
services for the City's Parks and Recreation Department; and
WHEREAS, on September 19, 1991, the City of Miami received
four bids in response to said Invitation; and
WHEREAS, on September 25, 1991, Greater Miami Caterers, Inc.
filed a protest in connection with the bid received from
Construction Catering, Inc.; and
WHEREAS, Greater Miami Caterers, Inc. alleged that the bid
from Construction Catering, Inc. contained several errors; and
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 alleged errors
did not render Construction Catering Inc.'s bid as non-
responsive; and
OF
RESOLUTION No. ---
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 Greater Miami
Caterers, Inc.;
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 Greater Miami Caterers, Inc. in
connection with Construction Catering, Inc.'s response to Bid
No. 90-91-148 for child care food program services is hereby
approved.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 14th day of
, 1991.
ATTEST,c' / XAVIER W SUARE9, MAYOR
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS:
2114
CARMEN L. LEON �P UI N A J 0 ES, II
Q
ASSISTANT CITY ATTORNEY CITY ATTO EY
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CITY OF MIAMI, F[_OR1V)A
INTER -OFFICE MEMORANDUM
TO
Honorable Mayor and Members
of the City Commission
DATE
ifs _ _. FItE
SUBJECT Resolution of Protest
for Child Care Food
Program Services
�ROFa t 7 REFERENCES
Cesar H. Odio,.'�
City Manager +�_ 6a� 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 by Greater Miami Caterers, Inc.,
in connection with Construction Catering, Inc.'s response to Bid
#90-91-148, for Child Care Food Program services.
On September 25, 1991, a protest was received from Greater Miami
Caterers, Inc., relative to the above bid, alleging that
Construction Catering, Inc.'s bid contained several errors.
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 none of the alleged errors made
Construction Catering's bid non -responsive.
Attachments:
Proposed Resolution
Copy of Protest
r 1 t
-�-J� CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To OCT 2 t 1991
Cesar H. Odio, City Manager DATE FILE
A. Quinn Jones, ity At
SLIEUECT Protest in connection
with Bid #90-91-148 for
Child Care Food Services
VROM Judy S . Carter REFERENCES
Chief Procurem Officer
Department of General Services ENCLOSURES
and Solid Waste
I hereby request your approval of my rejection of the bid protest
by Greater Miami Caterers, Inc., in connection with Construction
Catering, Inc.'s response to Bid #90-91-148, for Child Care Food
Services.
The basis for my decision, as set forth in the attached letter,
is the fact that none of the alleged errors in Construction
Catering's bid made that company's bid non -responsive.
APPROVED:
Cesar H. Odio, City Manager
APPROVED:
A. Quinn Jo s, III, City Attorney <<"
N
C
1-1
October xx, 1991
Mr. John Olmos
Greater Miami Caterers, Inc.
4001 NW 31 Avenue
Miami, FL
Re: Protest - Re Bid No. 90-91-3.48
Child Day Care Food Services
Dear Mr. Olmos:
I, as Chief Procurement Officer of
your protest of September 19, 1991,
reviewed the pertinent documents,
Section 18-56.1, City of Miami
Solicitations and Awards.
CERTIFIED MAIL
the City of Miami, have read
investigated the issues, and
pursuant to my duties under
Code, Resolution of Protest
You allege that the bid of Construction Catering, Inc. did not
meet the City's requirements, in the following ways:
1.
No samples of disposables were provided
as
requested in the bid
2.
Entered suppliers' names onto the Minority Status
Information Sheet but did not commit to any %
or
dollar amount
3.
Did not include an Affirmative Action Plan
of
their own
4.
Did not respond appropriately to Item of
the
Public Entity Crimes Affidavit
5.
Did not include the addendum No. 1 issued by
the
City on 9/9/91
6.
Did not include the letter of approval from
the
Florida Department of Education that documents
you
as a registered bidder as required in the
Bid
Specifications
Item 1
Bid specifications prepared by the State of Florida did not
clearly state that samples of disposables should be submitted at
the same time of the bid. Furthermore, there was no provision in
the bid specifications that failure to include samples at the
same time would be cause for the bid to be considered as non-
responsive and therefore rejected.
Item 2
Failure to fully complete the entire Minority Status Information
Sheet does not render the bid non -responsive. The information
provided by Construction Catering is sufficient. Since the firm
is minority -owned, completion of item 2 is not necessary.
Item 3
Past practice has been to allow bidders to provide the City with
affirmative action data even following bid awards. The form
provided as a sample is intended for firms without an Affirmative
Action Policy/Program in place to use and make it their own by
filling in the appropriate information.
Item 4
We reviewed the form and find that Construction Catering, Inc.
complied with the Public Entity Crimes Affidavit.
Item 5
Addendum No. 1 was issued for informational purposes only and did
not require inclusion in the completed bid package. See also
response to Item 1.
Item G
Invitations for Bids were sent only to firms registered with the
State of Florida. The bid documents did not require the
submittion of a letter of approval from the Florida Department of
Education. The only requirement was the firm be properly
registered with the State.
For the above reasons, your protest is deemed without merit and
is, therefore, rejected.
The City Manager and City Attorney have approved my decision.
The protest is scheduled for inclusion on the City Commission
agenda of November 14, 1991, at the City Commission Chambers,
City Hall, 3500 Pan American Drive, Miami.
Sincerely,
Judy S. Carter
Chief Procurement Officer
cc: Diane Johnson, Parks & Recreation
Carmen L. Leon, Assistant City Attorney
Ron E. Williams, Administrator, GSA/SW Department
File
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