HomeMy WebLinkAboutletter!Ift of taxrrt
GLENN MARCOS
Director
April 30, 2004
JOE ARRIOLA
City Manager
VIA FAX AND REGULAR MAIL
One Crow Construction Industry Consulting
Attn: J. Shannon Crowell, President
5173 NW 112 Court
Miami, FL 33178
RE: In response to your second letter dated March 18, 2004 (Overtown Stormwater
Pump Stations Upgrades (3" Bidding), B-5650D
Dear Mr. Crowell:
My name is Glenn Marcos, Chief Procurement Officer for the City of Miami. This
matter has been forwarded to my office for review and determination on whether
procedurally your bid irregularities can be cured. Before I make my determination, I
would like to respond to your statements made in your second letter dated with the same
date as your first, March 18, 2004.
In their analysis in tabulating the bids, the Public Works' staff has the responsibility on
verifying that all forms have appropriately been filled out by all bidders. In your case,
even though you executed the "Minority/Women Business Affairs Registration
Affidavit", you did fail to indicate the type of ownership of your firm. The Public
Works' staff correctly observed this irregularity and indicated such in the tabulation
sheet. Upon omitting this information, the Public Works' staff verified with the Minority
Women Business Enterprise Office (M/WBE) that your firm, at the time of bid submittal,
is not a certified City of Miami minority firm and indicated in the tabulation that you are
not minority owned.
Since the bid submittal, I'm know that you came into the MWBE Office to pick-up the
application to become a certified City of Miami firm.. However, the bid for the
Overtown Storm Water Pump Station Upgrades (3rd Bidding), B-5650D, does not contain
any minority goals. So even though we encourage your firm on becoming a certified City
of Miami firm, again this was not a requirement of this bid.
I agree with your statement that the Public Works' Bid tabulation incorrectly state that
you are not minority owned. This appears to be an assumption on their part, since there
e
DEPARTMENT OF PURCHASING
444 S.W. 2nd Avenue, 6j' Floor Miami, FL 33130 (305) 416-1900 Fax: (305) 416-1925 / Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708
E-Mail Address: purchasegici.miami.fl.us Wehsite: http://ci,miami.fl.us
is no way telling from the bid documents whether your company is minority owned or
not. The more precise information that should have been reflected in the bid tabulation
sheet is that you are not a certified City of Miami minority firm. For this particular bid,
because there are minority goals and/or requirements, this irregularity is minor in nature.
The second bid irregularity ascertain by the Public Works' staff was your failure to
provide a bid price for line item #13 to replace 6'0" long of existing 24" diameter flanged
steel pipe as per plans and specifications. However, the Bid allowed bidders to provide a
total bid price for items 1 through 14, which you clearly indicated that your total price, at
the time of bid submittal, is $286,000. Due to the fact that you cleared up the
discrepancy that the $286,000 did contain line item #13 and that line item bid price is
$0.00, this matter is no longer unclear.
I have determined that this is also a minor irregularity. Your price is not materially
affected or changed at all, and your bid price remains the same and lowest.
As outlined above, both of these irregularities were minor in nature and as indicated in
the Bid Document, Bid Instructions, page 3 of 12, section 8, Right to Accept or Reject
Bids, the City Manager reserves the right to waive minor irregularities, which may be
accepted or rejected by the City Commission.
Therefore, I will recommend to the Public Works Director, City Manager and City
Commission to waive these minor irregularities and make the award to One Crow, Inc.,
as the lowest responsive and responsible bidder, at the May 6, 2004, City Commission.
The Office of the City Attorney has reviewed this matter and has concurred with my
determination.
Respectfully,
Cc: Arthur E. Teele, Commissioner
Alicia Cuervo-Schreiber, Chief of Operations
Alejandro Vilarello, City Attorney
Rafael Suarez -Rivas. Assistant City Attorney
Stephanie Grindell, Public Works Director
Francis Mitchell, Assistant Public Works Director
Elyrosa Estevez, Professional Engineer III
Francisco Gonzalez, Engineer I
Patrick Range II, Office of Commissioner Winton