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Commissioner's approval, Ranger reserves the right to supplement its protest within the time period allowed under Section 19.08. PLACING THE CONTRACT'S APPROVAL ON THE APRIL 4, 2017 COMMSION AGENDA VIOLATES SECTION 19.0841NISTRUCTION TO BIDDERS. Ranger's initial objection is based upon the of the contract award being placed on the consent agenda for April 4, 2107. Both Mr. Williams'e-mail and the Staff Report indicate that The Contract's award is scheduled for the Consent Agenda of Indian River's Board of County Commissioners April 4, 2017 meeting. Mr. William's email is attached as Exhibit 1 and the referenced report is attached as Exhibit 2. The Instruction to Bidders, Article 19 -Award of Contract in Section 19.08 on its face provides that "[a]ny actual of prospective bidder or proposer who is aggrieved in connection with the bidding and/or the selection process may protest to the Owner's Purchasing Manager.... [i] n writing within seven (7) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest." Section 19.08 is attached as Exhibit 3. Here as evidenced by Mr. William's email, Ranger's first notice of the Staff recommendation was on Thursday, March 30"' and The Contract award is set on the Consent Agenda for the Tuesday, April 4, 2017 Board of County Commissioners meeting. Under the County's own published process, Ranger would have until Thursday, April 6, 2107 to serve its protest. The presentation of the recommendation of award to and the approval by the Commission before the expiration of the time in which Ranger is required to submit its protest deprives Ranger of the opportunity to effectively state its case and requires Ranger to effectively "unring the bell" of approval by the Commission. The presentation of this Contract for approval on the April 4t' agenda is contrary to the County's process contained in Section 19.08 and the Contract should be removed from the Agenda until Ranger has had time to fully investigate the recommendation, and to develop and present its Protest. RANGER RESERVES ITS RIGHT TO TIMELY SUPPLEMENT ITS PROTEST WITH THE TIME PROVIDED IN SECTION 19.08 As more fully stated above, Ranger in order to protect its right to protest the premature award of a contract to which it objects, finds itself in a position of having to state its preliminary protest based upon the procedure set forth is Section 19.08 and reserve the right to supplement its submission within the time established in Section 19.06. Ranger will further supplement its protest with facts showing that the recommendation made in the Staff Report was based upon inaccurate or incomplete information, that the decision was arbitrary and capricious or that the procedure employed was applied in an arbitrary or capricious fashion. CAPRCIOUS Ranger objects to the recommendation in the Staff Report and reserves the right to more fully advance and support these grounds by way of a timely supplement to this Initial Notice of Protest. As will be further shown by Ranger, the decision was based upon inaccurate information, the guidelines/ requirements were arbitrarily and capriciously applied and the findings of the Staff Report were erroneous. 101 Sansbury's Way; West Palm Beach, FL 33411 * Phone: (561) 793-9400 * Fax: (561) 790-4332 Mailing Address. PO Box 15065; West Palm Beach, FL 33416 * www.rangerconstruction.com P186