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HomeMy WebLinkAboutSubmittal-Presentation by Purchasing DepartmentSU MIT ED NT ThE PUBL C EC RD FOR ITE RE.5 REQUEST FOR PROPOSALS (RFP) NO. 274276: ON -DEMAND TRANSPORTATION SERVICES serita l'ok) Resolution o Formal Protest of Awar submitted by: Action Community Center, Inc. (Action) SUBMITTED INTO THE PUBLIC RECORD FOR ITEM5 ON 2/67//2. Legislative History, November 18, 2010: Resolution 70-0506 One-year bid waiver contract granted to Action for On -Demand Transportation Services Revised on the floor: To remove four, one-year renewal options 2) Requiring that these services be competitively procured thereafter Evaluation Committee Members for RFP 274276: IIian Blondet, Director, Grants Administration, City of Miami (Committee Chair) 2) Doug Bermudez, Manager, Miami -Dade Transit 3) Irene Ballast, Senior Family Support Coordinator, Community Committee for Developmental Handicaps SUBMITTEDINTOTHE PUBLIC RECORD FOR ITEM s ON 21q112. Evaluation Committee Meeting Tuesday, August 09, 2011 o a z w PROPOSERS EXPERIENCE AND KEY PERSONNEL FINANCIAL CAPABILITY EQUIPMENT AND FACILITY SERVICE PLAN AND CAPABILITY PROGRAMS AND PLANS FEES FOR SERVICES TOTAL POINTS 12 10 16 30 12 20 100 a 2 To m ActionCommunity Center Inc. 11 7 14 20 10 20 82 Transportation America, Inc. 12 10 15 .30 ` '1 `15 96 Doug Bermudez ActionCommunity Center Inc. 6 6 10 20 8 15 67 Transportation America, Inc. 10 I3 14 87 Lillian Biondet ActionCommunity7 Center Inc. 4 12 22 9 15 69 Transportation America, Inc. 11 6 16 26 11 10 Grand Total: Rank: Action 218 2 Transportation 271 1 SUBMITTED INTO THE PUBLIC RECORD FOR ITEME ON zl9bz . Evaluation Committee Meeting Tuesday, August 09, 2011 Evaluators PROPOSERS EXPERIENCE AND KEY PERSONNEL FINANCIAL CAPABILITY EQUIPMENT AND FACILITY SERVICE PLAN AND CAPABILITY PROGRAMS AND PLANS FEES FOR SERVICES 12 10 16 30 12 20 au t c 03 LD- Id m ActionCommunity Center Inc. 2 2 2 2 2 1 Transportation America. Inc. 1 I 1 1 1 2 Doug Bermudez ActionCommunity Center Inc. 2 2 2 2 2 2 Transportation America. Inc. •1 1 I I 1 Lillian Blondet ActionCommunity Center Inc. 2 • 2 2 2 2 2 Transportation America, Inc. 1 1 i 1 1 I 1 Grand Total: Rank: Action 218 2 Trans ortation 271 SUBMITTED INTO THE PUBLIC RECORD FOR ITEMg-ONzfq/iz . SUBMITTED INTO THE PUBLIC RECORD FOR ITEM- ON zi9i . burden of Proo Code Section 18104(a)(2)c.: "The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence [emphasis added] and shall be accompanied by the required filing fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protestor's submission [emphasis added] to the chief procurement officer at the time of filing the protest shall be permitted in the consideration of the written protest." Protest Contention #1 and Contention #5, Item #4: SUBMITTED INTO THE PUBLIC R CnRn FnR ITEM,q ON siviZ "The City of Miami and the Selection Committee failed to follow the local preference provisions of the City Charter and the City procurement code." Protest Contention #2: "The City of Miami and the Selection Committee failed to accurately evaluate the price provisions of the competing proposals to the disadvantage of Action Community Center, inc." °Per Section'8-86(a): RFP:"award [is] made not principally on the basis of price". °Fees for Services was allocated 60 out of 300 evaluation points (2o%). •the Evaluation Committee awarded Action a total of 50 out of 60 maximum points and TA a total of 52 out of 6o maximum points. 1 PUBLIC RECORD FOR ITEM gcs ON zlaGz SUBMITTED INTO THE PUBLIC RECORD FOR -.4:TAtaggiFiEti14.04111,4101-111!1111111.11R..014,1.tht,,„,,:,,„ *11.11!tii iii1111!1114'101111ii!lii!g[R, Transportation America Action Community Center Initial Contract Year $ 249,856.61 $ 252,000 Renewal Option 1 $ 256,103.02 $ 252,000 Renewal Option 2 :$ 262,505.60 $ 266,000 Renewal Option 3 :$ 269,068.24 $ 266,000 Renewal Option 4 $ 275,794.95 $ 266,000 Total $ 1,313,328.42 $ 1,302,000 11 4 Protest Contention #3: "The City of Miami and the Selection Committee inaccurately portrayed and assessed the financial strength of Action Community Center and •Transportation America, Inc." ©Financial Capability was allocated 3o out of 30o evaluation points (io%). ®It is a fact that Action's proposal contained a copy of their zoto Form 990 Income Tax Return. PUBLIC RECORD FOR ITEM RE 5 ON 2!02 . Action Community Center IRS 2010 Form 990: Action formally reported losses to theIRS of 09,9 year and $10,374 for the zoo9 filing year. Organizations thatfollow SFAS 1.17, check here and co pl lines 27 through 29, and lines 33 and 34. 27 Unrestricted net assets 28 Temporarily restricted net assets 29 Permanently restricted net assets ...... . . . . . Organizations that do not follow SFAS 117, check here D and complete lines 30 through 34. 0 Capital stock or trust principal, or current funds 1 Paid -in or capital surplus, or land, building, or equipment fund . . 2 Retained earnings, endowment, accumulated income, or other funds . 3 Total net assets or fund balances 4 Total liabilities and net assets/fund balances . • • 4 0 he 2010 filing Form 990 (2010) • SUBMITTED INTO THE PUBLIC RECORD FOR ITEM RE 5 ON ziciliz Protest Contention #3: "The City of Miami and the Selection Committee inaccurately portrayed and assessed the financial strength of Action Community Center and Transportation America, Inc." SUBMITTED INTO THE PUBLIC RECORD FOR ITEM 5 ON 2l9/z Transportation America Audited Financial Statement Statement of Cash Flows Year Ended December 31, 2009: Cash flows from operating activities Net Income $ 916,958 Adjustments to reconcile net income to net cash Provided by operating activities: Net decrease in investment in ATS 122,284 Net cash provided by operating activities 1,039,242 Cash flows from financing activities: Distributions (1,039,748) Net cash (used) by financing activities (1,039,748) Net decrease in cash Cash, beginning of year Cash, end of year SUBMITTED INT PUBLIC RECORD FOR ITEM ONz/th 7,452 6,946 Protest Contention #4: "The City of Miami and the Selection Committee failed to consider how certain factors in the pricing of the Transportation America, Inc., proposal work to the disadvantage of elderly and especially handicapped riders." °Action also alleges that: 1) the City and TA will place an undue burden on non - ambulatory passengers; and 2) TA is going to charge and collect an additional fee to its clients over and above its bid price. °Section 3.2.1 of the RFP, Scope of Work, Introduction/Background, states: "The City will reimburse the selected Proposer for the cost of each eligible Trip" °The RFP line items state that the rates for both ambulatory and non -ambulatory trips are "flat rates" which "shall include full compensation for labor, equipment use, travel time and any other cost to the bidder." SUBMITTED INTO THE PUBL!C RECORD FOR ITEM RE 5 ON 2/9/z Protest Contention #4 (cont.) "The City of Miami and the Selection Committee failed to consider how certain factors in the pricing of the Transportation America, Inc., proposal work to the disadvantage of elderly and especially handicapped riders." PUBLIC RECORD FOR ITEM . s ON zlgl/z Evaluation Committee Meeting Sign -in Sheet: ; SIGN -IN SHEET AUGUST 9, 2011 : 9:00 A.M. : ON -DEMAND 'TRANSPORTATION SERVICES EVALUATION COMMITTEE MEETING- REP 274276 MIAMI RIVERSIDE CENTER, 444 SW 2"".AVENUE, 10m FLOOR MAIN CONFERENCE ROOM, M/AMI, FL NAME OF FIRM C 1 TY _0P' 4 4-xf 1-1,7-74 CONTACT PERSON v_vO__ 360109F 2. t-MAIL PHONE # FAX # r_- tap-las-a Vila -lac- W. IS34 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM RE. c ON z/K. Protest Contention #5: SUBMITTED INTO THE PUBLIC RECORD FOR ITEMgc-O2/ %e "Transportation America, Inc., may not be the real owner of the assets it claims as part of its bid proposal and may have made other misrepresentations or mistakes in its bid." Item #1, #7 and #9: TA is not itself in the regular business of providing transportation services. TA is a broker or "shell" corporation. ATS is a separate, distinct corporation independent of TA whose sole purpose is to manage the members' interest in ATS. ePer the Dunn & Bradstreet Report attached to Action's Protest, TA's line of business is defined as a "local trucking operator". RFP 274276 is for on -demand transportation services. ®"Transportation" is defined as "the business of conveying passengers or goods." oTA's business experience, therefore, is appropriately categorized as a transportation service provider. Articles of Incorporation •Or 000Q74374 0 or T ansportation America, Inc.: SUBMITTED INTO THE PUBLIC RECORD FOR - ITEM RE, c ON 2/7.2. The undersigned incorporat'br(s). for the purpose of forming o corporation under the. Florida General Corporation Act, hereby odopt(s) the following Articles of incorpOrotion. RTICLE I NAME The name of the corporation shall be: limnpart-frok The principal place of business of this corporation shall be; O LtLCJEJ N ATUO1JJJS1N Thiscorporolion may engage n or tsctt any. or o lawful activities or business permitted under the lows of the United States, the Stale of Florida, 'or any other state. country, territory or nation. 607.0302, F.S.o General powers ... every corporation has ...the same powers as an individual to do all things necessary or convenient to carry out its business and affairs (7) To make contracts of guaranty and suretyship which are necessary or convenient to the conduct, promotion, or attainment of the business of a corporation the majority of the outstanding stock of which is owned, directly or indirectly, by the contracting corporation; Note 2 — Investment in Advanced Transportation Solutions, LLC The Company owns 58.38% of the outstanding member's interest in ATS. The investment balance agrees to the member's equity interest in ATS. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM- ON 2/q6z SUBMITTED INTO THE PUBLIC RECORD FOR Protest Contention #5 (Items #2 and #9): ITEM RE ON 2 /9/i2 Action questions the wisdom and legality of allowing TA to use dedicated assets of another firm as its own. „ .—:- 3:r:;: ci:i.11•i,;ii•1'i1•i`i1'7•iaiiiE;;i;,:,: i SUBMITTED INTO THE PUBLIC RECORD FOR Transportation America's Affiliated Companies / Sub -contractors: Advanced Transportation Solutions, Inc. (Transportation America's Paratransit Division) MCT Express d/b/a Miami -Dade Ambulance Service (Transportation America's Urgent and Non -Urgent Ambulance Division) Medical Care Transportation (Transportation America's Non -Emergency Transportation Division) Super Nice Limo (Transportation America's Executive Transportation Division) Super Nice STS (Transportation America's Paratransit Service Provider Division) Miami -Dade Taxi (Transportation America's Taxi Transportation Division) American Shuttle (Transport tati©n America's Ground Transportation Div s on SUBMTTED INTO THE PUBUC RECORD FOR Protest Contention #5 (Item #3): f�tM RES ON 2/9/rz . TA's use of assets that are legally committed to another contract may be a violation of the terms and conditions associated with the contract between Miami -Dade County and ATS. *On July i8, nil, TA formally certified and agreed to abide by all terms and conditions of RFP 274276. ®How TA manages their assets with respect to TA's contractual obligations outside of RFP 274276 is not within the control of the City.. ®Upon contract award, TA will assess all asset commitments with regard to both contracts and make asset allocation adjustments as necessary. This is no different than when any other company wins a new contract. Protest Contention #5 (Item #5). TEM q. - ON 2/9/12. SUBMITTED INTO THE PUBLIC RECORD FOR TA's proposal is in violation of their certification that their proposal "is in all respects fair and without collusion or fraud". Protest Contention #5 (Item #6): Action alleges that TA "may possibly" violate RFP General Condition 1.22, Conflict of Interest. •Action makes this allegation without providing any pertinent documentation or supporting evidence, nor do they identify with whom a potential conflict(s) may exist. During the Evaluation Committee meeting, all voting members are required to certify formally on the record that they have neither an actual nor perceived conflict of interest with the proposers. All members did so on August 9, 2011. °On July 18, 2011, TA formally certified and agreed to abide by all terms and conditions of RFP 274276. Action cannot and has not supported this claim. SUBMTTED 1NTO THE PUBLJC RECORD F03 'TEftA RE 5 ON.2/PZ Protest Contention #5 (Item #8): TA cannot comply with RFP Special Condition 2.14, Primary Client., due to ATS's existing contract with Miami -Dade County. i+1 1,1 41,1441113:E•:;,•,,,L.L.:1......:22.:..:t::: • • !I: fulfiUi 2.14. PRIMARY CLIENT (FIRST PRIORITY) The successful bidder(s)/proposer(s) agree:upon award of this contract that the City of Miami shall I.K:! its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract successful bidder(s)iproposer(s) may have Nvith any other cities and/or counties to perform similar services as it result of any catastrophic events such as tornadoes, hurricanes. severe storms or any other public emergency impacting various:areas during or approximately the same time. :T:T.--i-i.- zigg:720,1: StJBMIUED INTO TLIE PUBLIC RECORD FOR ITEM qE,5 ON . Action Requests for FBelie� In response to Action's Protest, the City of Miami has: 1: Investigated each claim presented in the Protest. 2: Further evaluated the proposal submitted by TA and has determined that TA, as prime proposer and a transportation service provider that meets the RFP minimum qualification requirements identified in Section 2.6, is coordinating the services of seven sub -contractors to perform the required services identified in RFP 274276. This is specifically contemplated and authorized in the RFP documents. 3: Determined that TA is a transportation service provider that meets the RFP minimum qualification requirements. 4: Determined that TA's proposal is compliant with the terms and conditions of the RFP. :SUBMITTED INTO T {'UBLIC RECORD FI FfEMc- ON E R SUBMITTED INTO THE Action's Requests for Relief (cont.): FR! 6E5 "" z%/iz SUBMTTED INTO THE PUBLIC RECORD FOR Recommendation: SUBMTTEP INTO THE ORD FOR fEM •Deny/reject the protest of Action Community Center and uphold the City Manager's Recommendation of Award Memorandum dated August 1o, 2o11, and signed by the City Manager on August 16, 2o». •The City, by and through its Department of Capital Improvements, stands by its recommendation to enter into contract negotiations with the top ranked firm, Transportation America, Inc., for On -Demand Transportation Services. •The City of Miami's Chief ° Procurement Officer, City Attorney and City Manager all collectively agreed with this recommendation both from a legal and procurement perspective on November. 23, 2o11. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM 5 ON /?z.