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read duringthe bid opening only indicates the sum of the items Ferguson bid on was lower than the sum of the <br />items Core & Main bid on. Bidders were not required to provide pricing on every one of the 1,174 line items <br />included in the bid, and no disclosure of the total number of line items bid on by either firm has been made. <br />Therefore, there is no indication to support your claim that Ferguson was the low bidder prior to its <br />disqualification for lack of responsiveness. <br />In regards to your protest that your bid should be reinstated or the entire bid be rejected and reissued to <br />ensure competition, the Instructions to Bidders in the bid documents state under the Award paragraph (page <br />10): "When it is determined there is no competition to the lowest responsive, responsible Bidder, evaluation of <br />other bids is not required." Core & Main has thus far been identified as responsive, and if determined by the <br />Department of Utility Services to be responsible, can be recommended for award. <br />Conclusion <br />Should Ferguson disagree with the denial of the protest and the bases described in this response, you may appeal <br />this decision to the Board of County Commissioners. To do so, you must provide written notice of your appeal <br />to me within seven (7) calendar days of receipt of this decision, per the protest procedure detailed in the <br />Purchasing Manual. <br />As a reminder, the cone of silence remains in effect, and will remain in effect until the Board of County <br />Commissioners meets to consider an award or rejection of the subject bid. Per the cone of silence policy, you <br />and your agents shall not communicate in any way with the Board of County Commissioners, County <br />Administrator or any County staff other than Purchasing personnel until that time. <br />Please feel free to contact me at 226-1575 or by email at jhyde@ircgov.com if you have any questions regarding <br />the protest procedure. <br />Sincerely, <br />Jennifer Hyde <br />Purchasing Manager <br />cc: <br />Mr. Mosleh Rezakhani, District Manager, Core & Main LP <br />Attachments: <br />Ferguson Protest Memo, dated May 7, 2019 <br />133 <br />