TRANSMITTAL LETTER FOR BOARD MEETING OF AUGUST 29, 2013
COMMITTEE ON PROCUREMENT
Mr. David St. Pierre, Executive Director
Title
Report on rejection of bids for Contract 11-961-21, Facility Roof Replacements and Associated Tuckpointing at the Stickney Water Reclamation Plant and the Lawndale Avenue Solids Management Area, estimated cost $2,790,600.00
Body
Dear Sir:
On December 6, 2012, the Board of Commissioners authorized the Director of Procurement and Materials Management to advertise for bids 11-961-21 Facility Roof Replacements and Associated Tuckpointing at the Stickney Water Reclamation Plant and the Lawndale Avenue Solids Management Area.
In response to a public advertisement of May 22, 2013, a bid opening was held on July 9, 2013. The bid tabulation for this contract is:
L. MARSHALL, INC. $2,891,000.00
PATH CONSTRUCTION COMPANY, INC. $3,059,000.00
BULLEY & ANDREWS MASONRY RESTORATION LLC $3,262,000.00
TYLER LANE CONSTRUCTION INC. $3,677,531.00
Five hundred ninety-eight (598) companies were notified of this contract being advertised and thirty-five (35) companies requested specifications.
A review of the low bidder's Utilization Plan from L. Marshal, Inc., was reviewed by the Diversity Administrator and determined that the bidder exceeded the allowable 25% supplier exception rule for their MBE and WBE participation goal attainment in accordance to Section 11 (i) on page D-14 of the Affirmative Action Interim Ordinance Appendix D where it states: "Purchase of materials and supplies must be pre-approved if their purchase is related to goal attainment. Bidder may count payments to MBE, WBE or SBE regular dealers or manufacturers who offer only furnish and deliver contracts for materials and supplies for no more than twenty-five percent (25%) of each MBE, WBE or SBE goal, unless approved by the Administrator. If the bidder exceeds the supplier exception amount allowable as stated in the bid documents, the bid will be viewed as non-responsive." Therefore, the bid was considered non-responsive and rejected in the public's best interest.
The Director of Procurement and Materials Management has notified L. Marshall, Inc. of this action.
A review of the second low bidder's Utilization Plan from Path Construction Company, Inc. (Path) was reviewed by the Diversity Administrator. Path requested a wavier to meet the WBE goal, but after analysis by the Diversity Section, it was determined that Path did not make a good faith effort to meet the WBE goal on this contract. Therefore, the bid was considered non-responsive and rejected in the public's best interest.
The Director of Procurement and Materials Management has notified Path of this action.
The remaining bids from Bulley and Andrews Masonry Restoration, LLC and Tyler Lane Construction, Inc., are approximately 16 percent and 31 percent higher than the estimated cost of the contract, and is considered too high for award. Therefore, the bid was considered non-responsive and was rejected in the public's best interest. The Director of Procurement and Materials Management has notified Bulley and Andrews Masonry Restoration LLC and Tyler Lane Construction, Inc., of this action.
The contract will be re-advertised as soon as possible.
Recommended, Darlene A. LoCascio, Director of Procurement and Materials Management, DAL:SEB:klv
Respectfully Submitted, Barbara J. McGowan, Chairman, Committee on Procurement
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for August 29, 2013