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Meeting Date:
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5/17/2023 - 3:30 PM
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Category:
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Action Items
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Type:
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Action
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Subject:
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14.4 BUILDING AND GROUNDS: Hearing of Bid Protest Submitted by RAN Enterprises Inc. Concerning Bid#033023 - District HVAC Improvement Project
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Strategic Plan:
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Enclosure
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File Attachment:
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Summary:
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The District issued a Notice Inviting Bids for the District HVAC Improvement Project (“Bid”), pursuant to Public Contract Code (PCC) section 20111.
The District received six proposals in response to the Bid, which were evaluated and assessed by District staff for responsiveness and responsibility. Based on the District’s evaluation, Westland Mechanical (Westland) is considered the lowest responsive and responsible bidder.
On March 31, 2023, the District issued a Notice to Contractors of its intent to award the contract to Westland Mechanical. Subsequently, on March 31, 2023, RAN Enterprises (RAN), who was the second lowest bidder, submitted a formal bid protest to the District alleging that Westland’s bid contained defects which would make Westland’s bid non-responsive. On April 4, 2023 the District sent a formal response to RAN rejecting their protest based on further investigation with legal counsel and the California State License Board (CSLB) that concluded with evidence of Westland’s responsiveness. On April 12, 2023 the District received correspondence from RAN’s legal counsel expressing concerns on the District’s rejection of the protest. The District’s legal counsel replied to RAN’s attorney on April 17, 2023 providing additional information and once again reiterating the rejection of the protest and the intention to recommend that the award go to Westland in the May 17, 2023 Board meeting. Furthermore, RAN was notified that it could appear in front of the Board to appeal the District staff’s final decision regarding the bid protest on that day. No further correspondence was received.
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Funding:
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Recommendation:
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It is recommended that the Board of Trustees listen to comments, if any, provided by RAN and District legal counsel, and make a determination whether to grant or deny the protest by RAN Enterprises Inc.
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Approvals:
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Recommended By:
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Signed By:
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Candace Reines - Deputy Superintendent
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Signed By:
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Grant Bennett - Superintendent
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Vote Results:
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| Original Motion | | Member David Nelissen Moved, Member Steve Campos seconded to approve the Original motion 'It is recommended that the Board of Trustees listen to comments, if any, provided by RAN and District legal counsel, and make a determination whether to grant or deny the protest by RAN Enterprises Inc.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 5 Nay: 0. | | The motion Carried 5 - 0 | | | | | Edward Garcia, Jr. | Yes | | Elizabeth Vallejo | Yes | | David Nelissen | Yes | | Anthony T. Stafford, Sr. | Yes | | Steve Campos | Yes | |
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