3842 Gorey Ave, Flint, MI 48506 810-743-6883 Phone MECHANICAL 810-743.9090 Fax Date: July 12,2019 To: Joyce McClane, Purchasing Manager ‘Aonie Gilereast Bryan Bond Mayor Weaver Ce: Rob Binesik Steve Branch ‘Angela Wheeler ‘All City Couneil Members Goyette Personnel Zahra Ahmad Joe! Feick ‘Amy Hybell From: Joe Parks, Goyette Mechanical Re: Bid Protest, 2019 Phase VI Restoration, City of Flint Bid No, 19-023, Joyce, On July 10, 2019, at a meeting of the Flint City Council, it was decided that every contractor ‘who submitted a bid on the 2019 Phase VI FAST Start (SLR) Service Line Replacement Excavation Restoration project, Restoration Bid No. 19-023 (the “Phase VI Project”), will be allowed to submit are-bid on the project, of their “best and final pricing.” This notice serves as Goyette Mechanical Company, In.’s formal protest of the Purchasing Departments re-bid of the Phase VI Project and of the action of City Council to allow a re-bid on the Phase VI Project. ‘The grounds for Goyette's bid protest are as follows 1. Allowing a re-bid on the Phase VI Project violates the City of Flint Code. City Council has already adopted a resolution awanding the Phase VI Project contract to Goyette (Resolution Submission No. 190242). And, City Council armed this resolution when it voted against rescinding Resolution No, 190242 on July 8, 2019 (Resolution Submission No. 190257) Since City Couneil approved the award of the Phase VI Project to Goyette, the only way a re-bid the Phase VI Project would be to reseind Resolution 190242, which has not ‘occurred Additionally, the only way City officials can reject any particular bids is i'they are found ‘ot tobe in the public interest, and any such rejection “shal be cleaty stated in the notice3842 Gorey Ave. Flint, MI 48506 810-743-6883 Phone 810-743-9090 Fex ‘of rejection.” Here, the City has not issued any statement of rejection of Goyete's bid on the Phase VI Project. AA re-bid on the Phase VI Project is unethical, because Goyette was the legitimate low responsive bidder based on the quantities and parameters spelled out in the Phase VI Project bid form, ‘You admitted and confirmed that Goyette was the lowest bidder on the Phase VI Project, in your June 10, 2019 memorandum to City Council. Kathryn Neumann and Robert Bincsik confirmed that Goyette was the lowest bidder in their June 19, 2019 Resolution Staff Review. Based on these recommendations, and the fact that Goyette met all of the requirements set forth in the City of Flint Code and the Phase VI Project RFP, City Council awarded Goyette the Phase VI Project contract. ‘There is no other contractor better-suited to complete the Phase VI Project. As such, there should be no re-bid on the Phase VI Project, andthe award of the Phase VI Project ‘to Goyette, as the lowest responsible bidder, should not be rescinded, ‘The City’s recalculation or adjusting ofthe bids it received in response to the Phase VI Project REP is in violation of the City of Flint Code As you know, Goystie's bid was unequivocally accepted by the Department of Purchasing and by City Council, and the Phase VI Project was awarded to Goyette on June 24, 2019. According to the City of Flint Code, the only way an adjustment to a negotiated award may occur is ifthe suecessfl bidder was fora project that exceeds the funds as certified by the finance director. City of Flint Code 18-21.3(9). Only then isthe Purchasing director authorized to reduce or negotiate an adjustment of the bid price, and such negotiations must be done with the Iowest responsible bidder. Id Only afier Goyette’s bid was accepted and approved by City Couneil did the Department of Purchasing recalculate the bids it received for the Phase VI Project to realize the “discrepancy” in bids. This recalculation is improper pursuant to City of Flint Code 18- 21.3(9). As such, Goyette remains the lowest responsible bidder for the Phase VI Project, and re-bidding on the projet should not occur. ‘This bid protest is submitted pursuant to City of Flint Code 18.21.15, and has been timely submitted ity of Flint Code 18-21.15(3). As such, you are enjoined from proceeding further with any solicitation, award, or performance of the purchase order agreement forthe Phase VI Project until this protest is sustained or dismissed. City of Flint Code 18-21.15(4, Please do not hesitate to contact me with questions regarding the above, Joe Parks Project Manager / Estimator | Goyete Mechanical merce cree an LAL Le