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New Water Building Bid Protest Findings BEFORE THE MERIDIAN CITY COUNCIL HEARING ON THE MATTER OF A BID PROTEST FOR THE MERIDIAN CITY WATER BUILDING PROJECT BY DESIGNER FLOORS APPELLANT C/C 03/13/07 ) ) ) ) ) ) ) ) ) ) ) ) BID PROTEST HEARING FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL The above entitled matter having come on for hearing before the City Council on March 13, 2007, at the hour of 6:00 o'clock p.m. at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, for Designer Floors to protesUhe awarding of a bid contract by the City of Meridian for a bid package on the Water Building project. Richard and Tyler Brown of Designer Floors, appeared and testified, and the City Council based upon its Findings of Fact and Conclusions of Law, and Decision and Order in this matter does hereby grant their appeal. FINDINGS OF FACT The City issued a public bid offering for a public works construction project to build a new building to house the Water Department of the City of Meridian. The offering contained numerous and various "bid packages" for various portions of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL GRANTING APPEAL OF DESIGNER FLOORS, INe. ON MERIDIAN WATER BUILDING PROJECT PAGE 1 OF4 .. .. ". project. Bids were issued January 15,2007 to all trades. The relevant bid package for this protest was Package 16. On February 8th, 2007 our Construction Manager for the Project, Kreizenbeck Constructors, Inc., opened all bids. The low bidder was Great Floors (initially awarded low bidder) and the 2nd low bid was Designer Floors (appellant). On February 20,2007 the City Council awarded the bids on this project. Great Floors was awarded the bid and Designer filed their appeal the next day. Idaho Code 67-2805 grants the authority to the political subdivision i.e. the City, the discretion to decide the protest of a bid. CONCLUSIONS OF LAW '1 On public bidding projects the City of Meridian has the authority to award bids to the lowest bidder, rejects any and all bids, reject any bids that are incomplete or non- responsive, or to waive any minor irregularities in the bid and accept the bids as compliaIit. In the current matter before the City Council, the Purchasing Agent made the discretionary decision to waive a defect in the bid proposal by the Great Floors, as a " minor irregularity. The irregularity was a failure to provide an acknowledgement of the addendum that was sent to all potential bidders that pertained to numerous bid packages, but not Package 16, which is the focus of this protest. The addendum was directed to all bidders was indicated in the bid offering that it was to be returned with the bid. The appellant had provided the acknowledgement as directed. The City Council reaffirms their right to independently review any and all bids and retains the right to determine if any defect is a minor irregularity based upon the circumstances of the individual case. The City Council has discretion to determine if the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL GRANTING APPEAL OF DESIGNER FLOORS, INC. ON MERIDIAN WATER BUILDING PROJECT PAGE20F4 process and bids are compliant with Idaho Code and the City of Meridian Purchasing Policy and practice. In the foregoing case the City's Purchasing Agent was within his discretion to initially accept the lowest bid and to preliminarily waive the defect as a minor irregularity. Upon review of all the evidence the City Council determined that bid ~ package material was properly communicated and identified to all bidders that all documents needed to be acknowledged and returned to be a valid bid proposal. The appellant did comply with that requirement. The initially awarded bidder, Great Floors did not. In this specific case the failure to properly acknowledge the addendum to the bids was not a minor irregularity and is not waived. DECISION AND ORDER Pursuant to the City Council's authority as provided in Idaho Code 67-2805 and based upon the above and foregoing Findings of Fact which are herein adopted: the appeal is granted and the bid for Package 16 for the City of Meridian Water Building project is awarded to Designer Floors. IT IS HEREBY ORDERED AND THIS DOES ORDER that based upon the foregoing Findings of Facts, Conclusions of Law, and Decision Order the City Council does hereby grant the appeal by Designer Floors. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~67-2805. The decision ofthe City Council is final. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL GRANTING APPEAL OF DESIGNER FLOORS, INC. ON MERIDIAN WATER BUILDING PROJECT PAGE 3 OF4 By action of the City Council at its regular meeting held on the II- "'" day of March, 2007. ROLL CALL: COUNCILMAN KEITH BIRD VOTED COUNCILMAN JOE BORTON VOTED ~'" _ VOTED COUNCILMAN CHARLIE ROUNTREE COUNCILMAN DAVID ZAREMBA VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: MOTION: APPROVED: 'C~, DISAPPROVED: ATTEST: Copy served upon the Appellant, the Purchasing Agent, Public Works Department and the City Attorney. By:_ Dated:;"""..,~Q (~~OQl "" City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL GRANTING APPEAL OF DESIGNER FLOORS, INC. ON MERIDIAN WATER BUILDING PROJECT PAGE40F4