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BOARD OF COUNTY COMMISSIONERS <br /> ��t1VER <br /> z <br /> R10P <br /> May 26, 2016 <br /> Mr.Andrew Connelly <br /> Underwater Engineering Services, Inc. <br /> 3306 Enterprise Road <br /> Fort Pierce, FL 34982 <br /> aconnelly@uesi.com <br /> Reference: Decision Regarding Protest of Indian River County Request for Proposals(RFP)2016024— <br /> Round Island Riverside Park Boardwalk Replacement <br /> Dear Mr. Connelly: <br /> We are in receipt of your letter of May 25, 2016 protesting the determination of Summerlin's Marine <br /> Construction as being in attendance for the mandatory pre-submittal meeting on April 20, 2016, and therefore <br /> their eligibility to respond to the RFP. After review, the protest is denied. <br /> Background <br /> Prior to the commencement of the meeting, I noted a vehicle approaching the parking area next to the picnic <br /> pavilion where the meeting was being held and elected to wait a moment to determine if it was another <br /> potential proposer. The Purchasing Manual provides authority to waive any technicality that does not result in <br /> an unfair advantage or disadvantage to any person responding to the bid invitation or solicitation request. As <br /> the meeting had not yet begun and no formal discussion regarding the project had taken place, no advantage or <br /> disadvantage resulted. The vehicle was occupied by a representative of Summerlin's Marine Construction, and <br /> she did complete the sign in sheet prior to the sheet being collected and sign in closed. My recollection is that <br /> she signed in only a moment or two after 9:00 a.m. <br /> Basis for Denial of Protest <br /> Page 8 of the RFP documents describe the protest procedures and states- "The protest shall be submitted to <br /> the Purchasing Manager in writing within seven (7) calendar days after the bidder or proposer knows or should <br /> have known of the facts giving rise to the protest."The meeting was held on April 20,and Addendum#1, <br /> providing copies of the sign in sheet was released that same day, both on Demandstar and by direct email to <br /> those who attended the meeting. A protest regarding the pre-bid meeting attendance was required to have <br /> been made by April 27, 2016. <br /> Further, proposals were received and accepted and an RFP tabulation listing the three proposals accepted was <br /> published via Demandstar on May 5, 2016.A protest of our acceptance of Summerlin's proposal was required <br /> by May 12, 2016. <br /> Office of Management and Budget •Purchasing Division <br /> 1800 27th Street,Vero Beach,Florida 329609(772)226-1416•Fax:(772)770-5140 <br /> E-mail:purchasingPirceov.com <br /> 97 <br />