protesting the decision to award a contract to Leo A. Daily as the top ranked architect firm in response to RFP #10/11-101 Architect for New Public Services Facility. Living Designs wormed its way into our beach re-development and now wants more. Szerdi doesn't like being excluded and has a problem with the New Public Services Facility award. Its protest:
- The Procurement Code, as amended by Ordinance No 2008-23, refers to preference for Local Businesses, which was not counted in the scoring of the rankings. City's Answer: The Procurement Code was amended by Ordinance No. 2009-03 to provide for a Local Business Preference. Section 11-105, Exceptions to Local Vendor Preference Policy, states that the local vendor preference shall not apply to contracts for professional services, the procurement of which is subject to the Consultant’s Competitive Negotiations Act. Since architect services are subject to the Consultant’s Competitive Negotiations Act for RFP #10/11-101, Architect Services for New Public Services Facility, local vendor preference is not counted in the scoring of the rankings.
- The Procurement Code Part D, Section 5-401(2) outlines the make-up of the Selection Committee Membership. The Selection Committee shall have five members as outlined in the subsection. A second representative of the agency for which the professional services will be performed, Mr. Martin Cybulski, was not present during the presentations. (Didn't Martin retire?) City's Answer: The Selection Committee did have five members as required by the City’s Procurement Code. All five members confirmed that they could serve on the selection committee. All five members of the selection committee met and selected the short-list of qualified firms. Please be aware that the City’s Procurement Code does not require all members to be present at a meeting to establish a quorum and for action to be taken. A member may be absent due to circumstances beyond the member’s control. With respect to this selection process, a majority of the members were in attendance for the presentations made by the short-listed firms, including yours, and thus a quorum was established. The selection committee made their rankings, which are accepted as the rankings of the Selection Committee.
- The Procurement Code Part D, Section 5-401(3)(c) states that the Selection Committee shall consider eight items. One of these items are not represented in the scorecard categories used to rank the top six presenting firms. Item #6 Proximity to the project does not appear to be included in the scoring items. City's Answer: The Selection Committee members considered proximity when developing the short-list of qualified firms to make presentations. Accordingly, proximity was not on the scorecard since it was a factor in developing the short-list.
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