Item D27BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 20, 21, 2003 Division: Public Works
Bulk Item: Yes X No _ Department: Corrections Facilities
AGENDA ITEM WORDING: Approval to award bid and issue a purchase order in the amount of
$29,610.00 to The Restaurant Store for the purchase and installation of a traywasher at the
Monroe County Detention Facility.
ITEM BACKGROUND: On July 9, 2003 a bid opening was held for the purchase and installation of
a traywasher, with pre -wash and blower dryer, at the Key West Detention Facility on Stock Island. The
lower of two bidders, Kamran and Company, failed to provide information as required by the bid
documents. (The California based company neglected to include references in his bid.) The higher of
the two bidders, The Restaurant Store, within 10% of the low bid, complied with all contract
requirements.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $29.610.00 BUDGETED: Yes ✓ Noi
COST TO COUNTY: $29,610.00 SOURCE OF FUNDS: ad valorem
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty — OMB/Purchasing Risk Management
DIVISION DIRECTOR APPROVAL:
D ierce, Director Public Works
DOCUMENTATION:
DISPOSITION:
Included X To Follow Not Required
AGENDA ITEM
Revised 1/03
I
W
}
Q
u
S
u d
c vai
V
p
O
O
o�
ix
�
O
O
d }
a
a0
v
�
s 0
N
0
4A.
N
O) t
Z v
�'
cm
N W
-p N
_
Q ON
L
C N
AO HwD
w
t 3
S ti Q
lLl LLL.
VON�QC
p
Z
Z
_
N
o
ne IF 0 -j
o
coQv
d
In
"'
� ' �— .
w �
m
�
O
o �n
-n
Sq
_.i
ao
�
V D Q H
.o
U
m
Z7
1-4 a
Z Z
o .y oL
u = �
1-4 w --
`�' w
s
p
d -n g'
a �
� oo•�
> cs
a
I-
z
> L. a
W~
w
L.
c c to N
Q
>;
iy.
Ci
N cn a2S
o v,
Z
Z
y
O
a-
Q
0-+s- U L
w
w
O
Z
► s C
h
a. } V
ors 'v
} c CO
-0
u LL
cn
0
H In m
MEMORANDUM
DATE: JULY 24, 2003 0 �
TO: DENT PIERCE, PUBLIC WORKS DIVISION DIRECTOR
FROM: BOB STONE, MIDDLE KEY OPERATIONS DIRECTOR
RE: TRAY WASHER, MCDC
Two bids were opened by the Purchasing Office on July 9, 2003 for the
"Purchase and Installation of a Tray Washer, with Pre -Wash and
Blower Dryer" for the Monroe County Detention Center. The two
bidders are Kamran and Company, Inc. of Santa Barbara, California
and The Restaurant Store of Key West, Florida.
Kamran and Company offered the lowest bid of $27,789.00 but failed to
provide information as required in paragraph 1.03 of the bid
documents.
The Restaurant Store offered a bid of $29,610.00 and provided
information as required by the bid documents.
A recent refrigeration bid was rejected due to not providing the same
information that Kamran and Company failed to provide. The
requirement of this information was emphasized during a mandatory
pre -bid meeting with both firm represented, where it was stated that
bids in the past have been rejected because the required information
was missing from a contractor's bid. Attached is a memorandum
from Ms. Suzanne Hutton indicating that due to the specificity of the
bid package, Kamran and Company's bid is not so substantially non-
compliant that the BOCC could not waive this technicality. If this had
been the opinion for the refrigeration bid, installation of equipment
would probably have begun instead of the project going out to re -bid.
The bids are very competitive, with both firms being within 10% of each
other and are within Corrections' budget estimate. Therefore, in order
to maintain consistency and fairness in the bidding process, it is
recommended to determine Kamran and Company's bid as non-
responsive and award the bid to The Restaurant Store.
If there are any questions of if more information is desired, please do not
hesitate to contact this office.
OUCNTYsOnNROE
KEY WESTDA 33040
(305)294-4641
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
305/292-3470 - Phone
305/292-3516 - Fax
BOARD OF COUNTY COMMISSIONERS
MAYOR Dixie M. Spehar, District 1
Mayor Pro Tern, Murray E. Nelson, District 5
George Neugent, District 2
:•. ; .' �� ;� Charles "Sonny" McCoy, District 3
David P. Rice, District 4
MEMORANDUM
TO: Bob Stone
Middle Key Operations Director
FROM: Suzanne A. Hutton
Assistant County Attorney
DATE: July 17, 2003
SUBJECT: Tray Washer, MCDC
I have reviewed the materials that you provided to me with your July 11, 2003 memo. The
documents appear to be the original bid documents, therefore I am returning them to you. You
have inquired whether the Kamran and Company's bid is too substantially removed from
compliance with the bid specifications to be further considered. You refer to a memo I wrote
concerning refrigeration replacement. As I recall, that bid was a much more substantial RFP and
the work required a licensed contractor. Here the question is the absence of references for a
contract that involves the installation of a very expensive piece of equipment but does not seem
to require a licensed contractor to perform any of the work. You also note that the insurance
company for the low bidder did not execute the top portion of page 17 of the RFP. I have always
assumed that either the insurance agent's statement or the bidder's statement is required but that
both are not required. The bidder's statement sets forth a commitment by the bidder to obtain
insurance which complies in rule with the requirements of the RFP as opposed to a statement by
the insurance agent that that bidder already maintains a policy with those requirements. Quite
often, the County's insurance requirements exceed what business people maintain and the
bidder's statement that they will comply if awarded the contract should suffice.
Of greater concern is the absence of references. In a strictly service -related bid, this is extremely
important. Where the bid is for the installation of a piece of equipment with considerable
specificity and the installation is required to be performed by a manufacturer's authorized agent,
the issue of references seems quite insignificant. Paragraph 2.01 of the RFP specifies that the
contractor will provide and install a new tray washer with pre -wash and blower dryer with a
laundry list of specified features. It specifically requires installation by a manufacturer's
Bob Stone
Tray Washer
July 17, 2003
Page 2
authorized agent. I cannot opine as a matter of law that references under the conditions in
paragraph 2.01 are so significant to warrant treating the bidder who omits the references as
substantially non -compliant.
Accordingly, I am advising you to take the issue to the County Commission with your
department's recommendation as to the preferred bid. If the preferred bid is the low bid, the
County Commission should be requested to waive the technicality of the reference requirements
in the RFP due to the extreme specificity of the RFP and the requirement that the installation be
performed by a manufacturer's authorized agent. Further, both bidders should be informed of
the date that the item will go forward to the County Commission for award. If either of them has
anything to say regarding waiving the technicality, the BOCC meeting is the place and time to do
SO.
Enclosure
t
p-
Q
y
W
CO
z
"'
0
i
Qx
N
o
Q000
z
, -T
U
U
a
0
0
O
L r)
in
v
Q
0
�
�
a
CO
iR
aI