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Attorney Cunningham declared that Close's bid also contained missing <br />documents, and he did not feel that one company should be disqualified on the basis of technical <br />information, and the other not disqualified on that same basis. <br />Danny Boromei, 881 SW 120th Drive, Okeechobee, and another bidder, explained <br />why he felt that H & D's bid should be considered nonresponsive. <br />MOTION WAS MADE by Vice Chairman Flescher to <br />approve Option #2, determine that the H & D <br />Construction Company, Inc. protest is valid; award the <br />bid to H & D Construction Company, Inc.; and <br />approve the License Agreement with HydroMentia, <br />Inc. MOTION DIED FOR LACK OF A SECOND. <br />Commissioner Wheeler pointed out that legal staff had advised that H & D's <br />protest was not valid, because the protest from Close was given on time. Thus, he would support <br />Vice Chairman Flescher's Motion, but with the deletion of the language stating that H & D's <br />protest was valid. <br />MOTION WAS MADE by Vice Chairman Flescher, <br />SECONDED by Commissioner Wheeler, to approve <br />Option #2, to award the bid to H & D Construction <br />Company, Inc., and to approve the License Agreement <br />with HydroMentia, Inc., conditional upon the deletion of <br />the language stating that the H & D Construction <br />Company, Inc.'s protest is valid. <br />Commissioner Solari added that we are moving in the right direction with this <br />Motion. He pointed out that if staff is held to every little technicality; it could cost the taxpayers <br />money. He applauded staff for the follow-up in obtaining the necessary documentation from <br />H&D. <br />39 <br />November 18, 2008 <br />