Terry Copple Bid Protest Letter
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Davison, Copple, Copple & Cox, LLP
Attorneys at Law
City of Meridian
City Clerk Offio;"
Direct Contact:
199 North Capitol Boulevard, #600
Post Office Box 1583
Boise, Idaho 83701
Teny C. Copple, Esq.
Direct: (208) 342-3766
E-Mail: tccopple@davisoncopple.com
http://www.davisoncopple.com
Telephone: (208) 342-3658
Facsimile: (208) 386-9428
February 21,2007
SENT VIA FACSIMILEfHARD COPY TO FOLLOW
Tammy de Weerd, Mayor
City of Meridian
33 East Idaho Avenue
Meridian, Idaho 83642
Meridian City Council
City of Meridian
33 East Idaho Avenue
Meridian, Idaho 83642
City of Meridian
Public Works Department
660 East Watertower, Suite 200
Meridian, Idaho 83642
City Clerk
'. City of Meridian
33 East Idaho A venue
Meridian, Idaho 83642
Re:
Proj ect:
Address:
Bid Date:
Meridian Public Works Water Division Building 04007
Meridian, Idaho
February 8,2007
Ladies and Gentlemen:
This office represents Designer Floors, Inc. of 1400 Front Street, Boise, Idaho, 83702, who
was a bidder for the recent project referenced by the bid information as set forth above.
We have been informed that the above-described contract has been awarded to Great Floors.
Upon reviewing the bid of Great Floors, it is apparent that the bid made by that company did not
comply with the requirements of the invitation for bid.
Your attention is directed to the bid package number 16 for the Meridian Water Division
Facility for carpet and resilient flooring. The invitation for bid was substantially modified on
Janu,ary 29, 2007, by Addendum No.1 prepared by BRS Architects on behalf of the City of
Meridian. The bid instructions specifically require that the Addendum No. I be acknowledged in
the contractor's bid or proposal form submitted to the City. This is an essential element of the
February 21,2007
Page 2
bidding process because there were material alterations in the original contract specifications which
needed to be acknowledged by the bidder. The failure of Great Floors to acknowledge the
Addendum No. 1 results in its bid not being in compliance with the requirements of the City and
should therefore be rejected.
Accordingly, Designer Floors, Inc. hereby objects to the awarding of the contract to Great
Floors on the ground that the bid submitted by Great Floors was materially defective in that it failed
to acknowledge the changes to the original bid proposal reflected in Addendum No.1. The failure
of the bid to comply with the bid requirements constitutes aviolation of the purchasing policy ofthe
City of Meridian as well as a violation ofIdaho law because the bid submitted by Great Floors was
nonconforming.
The bid of Designer Floors, Inc. should instead be accepted by the City because our client
specifically acknowledged in its bid that it was subject to Addendum No.1 and was acknowledged
by it.
Based upon the foregoing, we respectfully urge the City of Meridian to reject the bid of Great
Floors and to award the bid to our client. If the City of Meridian does not reject the bid of Great
Floors, then we do request that a hearing be held with regard to this objection and protest to the
awarding of the contract to Great Floors at your earliest convenience. We will assume that this letter
sufficiently meets the requirements of the City of Meridian for protesting the bid of Great Floors
unless otherwise advised. Ifthere are any additional requirements or information you need in order
to process this objection, please immediately advise this office and we will forward the
documentation and information to you for your records.
Very truly yours,
DAVISON, COPPLE, COPPLE & COX, LLP
By:
TCC/tak
cc: William LM. Nary, Meridian City Attorney