Laserfiche WebLink
May 9, 2019 <br />Mr. Drew Petonick <br />Outside Sales <br />Ferguson Waterworks <br />1950 NW 18th St <br />Pompano Beach, FL 33069 <br />drew.petonick@ferguson.com <br />Reference: Decision Regarding Protest of Indian River County Bid 2019048 <br />Dear Mr. Petonick: <br />We are in receipt of your email of May 7, 2019 protesting the "award" of the subject bid. After review, the <br />protest made by Ferguson Waterworks ("Ferguson") is denied. <br />Background <br />Your protest asserts Ferguson's failure to provide its bid form electronically as a Microsoft Excel file is a "minor <br />technicality and "does not constitute" the disqualification of your bid. <br />Your protest also asserts Ferguson was "low overall bidder", and "clearly... low on a significant amount of ... <br />items", based on the initial bid tabulation released immediately after the bid opening and prior to verification <br />of the contents of the USB drives submitted, and awarding to Core & Main, LP ("Core & Main") would be a <br />"reckless use of tax payers money". <br />Finally, your protest states to "award the entire bid to one unopposed party is unjust" and requests your bid be <br />reinstated for consideration or all bids be rejected due to lack of competition and the items be rebid. <br />Basis for Denial of Protest <br />The technical specifications within the bid documents state "The following documents must be submitted to <br />the Purchasing Division prior to the due date and time: <br />• Completed, printed and executed Bid Form <br />• A CD or USB thumb drive with the completed Microsoft Excel Bid Form in excel (not pdf)..." <br />The omission of items identified as mandatory to a bid (such as the executed bid form) is not considered a <br />technicality, but rather a failure to be responsive to the requirements of the bid. The Purchasing Manual <br />defines a responsive bidder as: "a bidder whose bid, proposal or submittal complies in all material respects <br />with the bid invitation or solicitation request, as determined by the County." The Excel bid form was identified <br />in the bid documents (as provided above) as a material requirement, and therefore Ferguson's failure to <br />provide it renders your bid non-responsive. <br />Your assertion that Ferguson was the lower of the two bids initially considered responsive during the public bid <br />opening, and that your line item pricing was lower on many items is unfounded. The total from the bid forms <br />132 <br />