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Terry Copple Bid Protest Letter ,~:l-" ~;: ;:" \:, i~; ~ ".,'" . "....,. '\~ ;...,..~ fl~ tf .\is= ~,.~:.," F-::.~r~ ') !~ '1J1n7 k_t :.. ,," 1.:..'1,1 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