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
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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
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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
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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
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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
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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
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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
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