TO: AC Transit Board of Directors
FROM: Michael A. Hursh, General Manager
SUBJECT: Procurement Protest
ACTION ITEM
RECOMMENDED ACTION(S):
Title
Consider the procurement protest filed by Roofing & Solar Construction, Inc. in connection with the District's Training and Education Center Roofing Project.
Title
BUDGETARY/FISCAL IMPACT:
Roofing & Solar Construction, Inc. submitted the $250 protest fee with their protest. If their protest is upheld, the check will be returned to them. If the protest is denied, the District will deposit the check.
BACKGROUND/RATIONALE:
An Invitation For Bid (IFB) was issued April 19, 2019, for a contractor to remove and replace the roofing material and mechanical components of the District's Training and Education Center (TEC) located at 20234 Mack Street in Hayward. The Procurement Department received two bids by the due date/time of May 23, 2019, at 1:00 pm. Two bids were presented after 1:00 p.m. but were rejected because they were untimely.
The two timely bids were opened but the lowest priced bidder withdrew their bid, leaving only the second bidder. However, after discussions with the Contracts Services Manager, Contracts Compliance Manager, and the Capital Projects Manager, the Contract Specialist recommended issuing a non-award to the second bidder, Roofing & Solar Construction, Inc., due to the lack of evidence of the 15% Small Business Enterprise (SBE) goal attainment, and lack of good faith effort (GFE) submission at the time bids were due, which was a requirement of this solicitation. A letter of non-award was issued on June 18, 2019. Thereafter, on June 19, 2019, Roofing & Solar Construction, Inc. filed a timely protest, attached hereto as Attachment 2.
Upon a detailed analysis performed by the Director of Procurement and Materials Manager and General Counsel, the recommendation is to deny the protest. This is based on the following assessment:
(1) Within the Invitation for Bid boilerplate language, "the...
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