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March 19,2008 <br /> council s to be based on the protest.The protest would include materiels <br /> presented by Powell and Allied. <br /> Powell has protested that Allied did not submit their bid as the <br /> specifications provided.They did not write out in words the dollar amount <br /> of the bid($3.320,000.00). It was only submitted in numbers. The <br /> question before the Gly council is whether or not this should be treated as <br /> a minor Informality or irregularity or whether or not h is such a grave <br /> mistake that the bid should be rejected. Mr.Jones indicated that his <br /> interpretation of the specifications is that it is within the city council's <br /> discretion to determine whether or not the bid is eligible to be rejected. <br /> The other basis for the protest was that the unit prices are unbalanced. <br /> He submitted that it doesn't affect the competitive field.No analysis was <br /> done as to whether the prices were too high or too low. <br /> Mn.Jones stated that Allied cross protested that Powell failed to list sub <br /> contractors. He indicated that he did not provide an analysis of that If <br /> city council members decide to reject the Allied bid then stiff needs to <br /> decide whether rejector of all bids is the route to take.There was one <br /> other bidder that failed to write in words the base bid amount If this <br /> protest is decided or denied then we are asking the city council to award <br /> tonight to the low bidder. <br /> Council Member Gipson identified specifications Section 5.12 and asked If <br /> it Is standard language in the conslructlon industry?Mr.Jones stated that <br /> he could not answer that but on utility bids there are usually numbers. <br /> Dan Heffernan,attorney for Powell Construction,1201 Markel Street, <br /> Kirkland,stated there is no need to address any protest with regard to <br /> Powell's bid because under the bid protest ordinance,a protest Is required <br /> to be notarized with an oath pursuant to the statute which was not done <br /> by Allied Construction,so there is no protest of Powell Construction's bid. <br /> On the bid specifications Section 5.12 Allied failed to bid because they <br /> didn't write out in words the bid amount. Section 5.12 states that bids <br /> shall give the prices proposed In wiling and in figures.According to the <br /> specifications when there is a difference between a price quoted In words <br /> and a price quoted in figures the words shall be the amount bid. He <br /> contended that because there were no words there is no bid.He stated <br /> 78 <br />