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03/01/2022
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03/01/2022
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4/5/2022 3:39:21 PM
Creation date
3/30/2022 2:08:00 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
03/01/2022
Meeting Body
Board of County Commissioners
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order to Ecotech to prepare the annual report for the period January 1, 2021 -December 31, 2021, <br />due in April, and to perform system maintenance in the interim. <br />The low bidder, Florida Environmental Consulting, Inc. ("FEC") filed a timely protest against the <br />intent to not award the bid, asserting award should be made in the interim and under the existing <br />permit and bid conditions. After review, their protest was upheld and both firms were notified on <br />January 21, 2022, of intent to award to FEC. <br />On January 23, 2022, Ecotech submitted a timely protest of the award to FEC, asserting that the <br />FEC bid was non-responsive, and that FEC did not meet the General Qualifications listed in the <br />invitation to bid. The qualifications are a "m-.nimum of ten (10) years' experience with the design, <br />permitting, construction, operation and maintenance of constructed wetlands for wastewater <br />treatment and disposal..." and "hydro period manipulation for the maintenance of a diverse <br />shallow marsh community." <br />Ecotech stated "FEC's response to the bid solicitation is non-responsive" because the project <br />experience submitted on the qualification questionnaire does not include evidence of the 10 -year <br />experience requirement. This protest was denied because the questionnaire was completed and <br />returned in accordance with the instructions. The bid and form did not specifically require the 10 - <br />year general qualifications be submitted on the form in order to be responsive. <br />FEC was asked, as authorized in the bid documents, to provide additional qualifications to <br />document the 10 -year experience requirement. The additional qualifications submitted did not, in <br />the Utilities department's opinion, add up :0 10 years of experience in each of the categories. <br />However, these requirements are the same as those in every solicitation issued for these services <br />at this Facility, including the solicitation awarded to FEC in 2011. No protest was levied by Ecotech <br />against that award. FEC completed the initial three-year term, as well as both available one-year <br />extensions, and received a memo from the department thanking them for the services provided at <br />the facility. <br />The bid documents provide that "the County reserves the right to cancel the bid, accept or reject <br />any and all bids in whole or in part, and waive any irregularity or technicality in bids received." The <br />response to the Ecotech protest stated staff intends to ask the Board to waive the technicality <br />regarding any gap in the General Qualifications and the bid submitted by FEC. <br />Ecotech's attorney, Murphy Reid L.L.P. has indicated their intent "to oppose the award of the <br />referenced bid to Florida Environmental Consulting, Inc." as this matter is being considered by the <br />Board. <br />The protest documents and the Purchasing Manager's response to them are available to review in <br />the Purchasing Division. <br />92 <br />
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