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correction" By the end of the project, we plan on exceeding the 14% goal by almost double. In <br /> addition to OMA who we listed to meet the goal, our traffic control subcontractor is also a DBE <br /> contractor. <br /> Valley feels that we should be able to make corrections to it due to our math error. We understand <br /> that other firms may say that this is not allowed,but according to the Special Provisions, it is <br /> possible to change the DBE Utilization Certification if there is an error. Page SP-44 (attached) <br /> states that"...only that portion of the total dollar value of the contract equal to the distinct, clearly <br /> defined portion of the Work that the DBE performs with its own forces shall be credited." On our <br /> DBE Utilization Certification we have clearly stated that two of the items that were left out of the <br /> total, bid item#66 and bid item#67, were to be performed by the DBE subcontractor. We believe <br /> that since these items were added to the overall total for the job, they should in turn be added to the <br /> DBE goal as well. <br /> In addition to the DBE goal amounts, it was stated that Marshbank,the second bidder, is claiming <br /> that OMA Construction was not approved under the NAICS code description for some of the bid <br /> items. As we understand it,there was a question as to whether the NAICS code 237110 covered <br /> storm and sewer line installation. According to www.naics.com the code number 237110 covers <br /> sewer, water, storm, irrigation systems, and many other items relating to these. In addition, there <br /> seems to be a question as to whether OMA can perform the bid items #33 Seeding, Fertilizing, and <br /> Mulching and#34 Topsoil Type C and a DBE subcontractor. We don't believe that these items are <br /> classified as landscaping, but should instead be classified under roadside restoration. Items such as <br /> these have been used by other contractors on previous projects not classified in landscaping, but <br /> rather under the roadside restoration. OMA Construction is indeed eligible to perform roadside <br /> restoration work as a DBE subcontractor. Our second point on this concern is that we would still <br /> meet, and exceed the goal of the project even if these items are not allowed with addition of items <br /> #66 and#67 to the DBE Utilization Certification. <br /> In closing we understand there were math errors on our bid. We also believe we were not the only <br /> contractor that had errors that were corrected. We understand the Special Provisions support the <br /> correction of these errors. We believe our bid should not be rejected as non-responsive. We are <br /> requesting the City of Everett to award the above project to Valley Electric Company of Mount <br /> Vernon Inc. We look forward to working with the city on the above project. Thank you for your <br /> understanding on this matter. <br /> I declare under penalty of law for perjury or falsification that the information contained in the <br /> protest is true and correct to my personal knowledge, that this protest is filed in good faith and <br /> without any intent of delaying the procurement, and that I reasonably believe the protest to be <br /> meritorious. <br /> Sincerely, <br /> 1 <br /> AlanGuthmiller <br /> Senior Project Manager <br /> ILLEY "The Electrical Solution"® <br />