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BOARD OF COUNTY COMMISSIONERS <br />May 26, 2016 <br />Mr. Andrew Connelly <br />Underwater Engineering Services, Inc. <br />3306 Enterprise Road <br />Fort Pierce, FL 34982 <br />aconnellv@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 27`n Street, Vero Beach, Florida 32960•(772) 226-1416•Fax: (772) 774-5140 <br />E-mail: purchasing@ircgoy.com <br />97 <br />