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BOARD OF COUNTY COMMISSIONERS <br />April 10, 2017 <br />Mr. Michael J. Kennedy, General Counsel <br />Ranger Construction Industries, Inc. <br />101 Sansbury's Way <br />West Palm Beach, FL 33411 <br />Michael.Kennedy@RangerConstruction.com <br />Reference: Decision Regarding Protest of Indian River County Invitation to Bid 2017034 <br />Dear Mr. Kennedy: <br />We are in receipt of your letter of April 3, 2017 protesting the County staff's recommendation of award to the <br />second lowest bidder and Supplement to Protest dated April 5, 2017. After review, and for the reasons stated <br />below, the bid protest is denied. <br />Background <br />Your protest letter states the placement of the recommendation of award for bid 2017034 on the April 4, 2017 <br />agenda violates the seven day period during which protests may be made. <br />Your protest also states that the staff report prepared as part of the April 4, 2017 Board of County Commission <br />agenda, indicating Ranger was non-responsive and non -responsible was erroneous, the decision was based upon <br />inaccurate or incomplete information and was arbitrary and capricious. <br />The subject bids, to utilize the full depth reclamation (FDR) process to resurface portions of CR512, were opened <br />on February 17, 2017 with Ranger submitting the lowest bid price of $3,402,846.50, Timothy Rose Contracting, <br />Inc. (TRC) submitting the second lowest bid price of $3,491.545.38 and Community Asphalt Corporation ("CA") <br />submitting the third bid of $4,008.129.70. <br />Article 3 of Section 00200 — Instructions to Bidders states that "...B. Bidder must have successfully constructed, <br />as prime CONTRACTOR, at least three projects similar in scope to this project." After concerted effort by the <br />Engineering Division, Purchasing Division and Office of the County Attorney, staff was not able to confirm <br />Ranger's bid meets these qualifications, and therefore plans to make recommendation of award to the second <br />lowest bidder, who did provide sufficient information to confirm they are qualified to perform the work. <br />Basis for Denial of Protest <br />In regards to the statement that the recommendation of award for the bid's placement on the April 4, 2017 <br />agenda violates the protest procedure as described in Paragraph 19.08 of Section 00200 of the bid documents, <br />Ranger knew or should have known of the County's intention to recommend award to TRC on Tuesday, March <br />28, 2017. The bid status was updated from "Under Evaluation" to "Recommendation of Award" on <br />Demandstar.com the morning of March 28, noting the County's intent to recommend award to TRC on April 4, <br />2017, and thereby opening the window to protest (within '7 calendar days after the bidder or proposer knows <br />or should have known of the facts giving rise to the protest"). Additionally, memos regarding the <br />Office of Management and Budget • Purchasing Division <br />180027 1h Street, Vero Beach, Florida 329609(772) 226-14169Fax: (772) 770-5140 <br />E-mail: purchasing@ircgov.com <br />P178 <br />