City of Camarillo
Department of Public Works
601 Carmen Drive, Camarillo, CA 93010
Office: 805.388.5340 - Fax: 805.388.5387
June 18, 2024
VIA EMAIL AND US MAIL
Eurofins Eaton Analytical
Attn: Camila Gadotti
941 Corporate Center Drive
Pomona, CA 91768
Re: Response to Protest by Eurofins
Thank you for your Protest Letter. We have reviewed your comments carefully and your request to resubmit your bid.
Although as you note there was a line for “Exceptions” the exceptions listed were making changes to the basic terms of the City’s Bid and rendering it in direct conflict to required provisions.
Of importance, the City was requesting a three-year term for the service with firm pricing for each of the three years. Eurofins proposed a contract change to one year and that the price would change based on CPI. These modifications not only created internal inconsistencies in your Bid Proposal, but are contrary to what the City was requesting.
Additionally, you proposed a modified limitation of liability and changed the insurance provisions for your services. On the other hand, the City’s Bid Proposal at Section 2 states that the Firm selected will be required to comply with the City insurance requirements. If the City were to accept Eurofins’ exceptions and modifications, it would give an unfair advantage to Eurofins as it would allow Eurofins to reduce its pricing commitment to one year as well as the scope of liability and insurance coverage which provides a potential cost savings in the bidding process compared to the other bidders. Further, the City cannot now allow you to submit another bid, when all other bidders are bound by their original bid proposals.
For each and all the reasons discussed in this letter and the City’s Rejection Notice letter dated May 22, 2024, City staff will be recommending that the Council reject Eurofins bid as nonresponsive. You may attend the City Council meeting located at the Camarillo Library, 4101 Las Posas Road, Camarillo, at 5:00 pm on June 26 and address the City Council on this item.
Eurofins Eaton Analytical
June 18, 2024
If you have any questions, please contact Dale Reynolds at [email protected] or call (805) 388-5373.
Thank you for your cooperation.
Sincerely,
David Klotzle
Director of Public Works
c: Kristy Buxkemper, City Clerk
Shaun Kroes, Public Works Administrator
Rachel Richman, City Attorney
Ken Matsuoka, Deputy Director of Public Works
Dale Reynolds, Water Superintendent