Laserfiche WebLink
2. Disadvantaged Business Enterprise (DBE) Certification. Special Provision <br /> Section 1-07.11 sets the project DBE Condition of Award goal at 14%. A bidder may satisfy the <br /> DBE requirement by submitting a Disadvantaged Business Certification showing that the goal <br /> will be met. Alternatively, the bidder may in some circumstances show Good Faith Efforts <br /> toward the goal, by submitting certain specific documentation. Valley chose to meet to meet the <br /> DBE goal by submission of a Certification listing a single DBE, OMA Construction,Inc. An <br /> excerpt from Valley's Certification shows the following: <br /> # r ••3} :; '? Cavfi sxyffyt <br /> a t ame ti't , 64,w n u2re t , <br /> �' Gerd e m fi ▪ � an5ufacturrr Regular 'Toward Goai. <br /> i • 646,1(4•4-a46'60-610- r ` <br /> �- OMA CONSTRUCTION INC 'SUB CONTRABID ITEMS 1,2,5,7-18,33,34,60,66, $370,000.00 <br /> • D4M2316494` `"` ' CONTRACTOR 67 <br /> • <br /> Disadvantaged Business Enterprise Subcontracting Goat 14% DBE Total S $370,000.00 <br /> Sox 2 Box 3 <br /> "" The Contracting Agency will utilize this amount to determine whether or not the bidder has met the goal.In the event of an arithmetic difference <br /> between this Mat and the sum of the individual amounts listed above,then the sum of the amounts listed shall prevail and tie total wilt be revised <br /> accordingly. Participation in excess of the goal amount will be considered voluntary or race-neutral participation_ <br /> Using the Valley's incorrect original bid total and the$370,000 DBE Total in the yellow box,the <br /> DBE goal appears to be met(i.e., $370,000/$2,629,785.74 = 14.07%). But using the corrected <br /> Valley bid total(as required by the specifications), the$370,000 only amounts to 13.87% (i.e., <br /> $370,000/$2,667,453.84= 13.87%). Accordingly,the Valley's bid does not meet the 14%DBE <br /> Condition of Award goal. Valley's bid is non-responsive and must be rejected, as required under <br /> Special Provisions Section 1-07.11. <br /> 3. Valley's Arguments in the Protest Letter Regarding the Certification. As we read <br /> Valley's protest letter,Valley makes the following principal arguments: <br /> A. Addition of Items 66 and 67. Valley argues that, since the City added bid items <br /> 66 and 67 to the bid total by correcting the math error(as required by the specifications),the City <br /> should also add bid items 66 and 67 to the $370,000 in Column 4 (Amount to be Applied <br /> Towards Goal). However,there are three independent problems with Valley's argument: <br /> i. Bid Items Already Listed. Certification Column 3 (Description of Work) <br /> for OMA Construction already lists bid items 66 and 67 as counted in the$370,000 stated in <br /> Column 4. Accordingly, from the face of the Certification, it is unclear what exactly the City <br /> should add to the$370,000 already in Column 4. <br /> ii. No Authority. The specifications nowhere allow the City to make the <br /> "correction"requested by Valley. The Certification allows the City to correct the DBE Total <br /> when the DBE Total(in the yellow box above)is not equal to the sum of the amounts in <br /> Column 4. But that is not the issue here, as the total of Column 4 equals the DBE Total. Instead, <br /> CITY OF EVERETT • 3200 Cedar Street • Everett,WA 98201 • (425)257-8800 • Fax(425)257-8882 <br />