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Exhibit 3 - Bid Protest Response for NIB 23-025YL - Final (Oppenheimer)

Corona City Council
April 5, 2023

Document
Exhibit 3 - Bid Protest Response for NIB 23-025YL - Final (Oppenheimer)
Meeting
April 5, 2023
Body
Corona City Council
Original file
319 KB
Text extracted from the city's file for reading and search. Open the original on corona.legistar1.com. That file is the official record.

City of Corona
CORONA Finance Department
THE CIRCLE CITY Purchasing Division
Easy i hed

AH - TO PI
400 S. Vicentia Ave., Suite. 320
Office: 951.736.2274
Corona, CA 92882 - www.discovercorona.com
By Email
February 13, 2023
Mr. Rusteen Hadjilou
Oppenheimer National
31878 Del Obispo St., Ste 118510
San Juan Capistrano, CA 92675
Subject: Bid Protest for Fire Department Prevention Tenant Improvements at 735 Public Safety Way, Suite 201 Project, NIB 23-025YL
Dear Mr. Hadjilou,
The City of Corona (City) has reviewed Oppenheimer National's protest letter alleging the bid of Quality Plus Group is nonresponsive due to failure of the bidder to certify their by by signing the Bid Form. As discussed in further detail below, the City finds that Oppenheimer National's protest is valid; however, City staff will recommend an award to the second apparent lowest responsive, responsible bidder, MLC Constructors, Inc.

In support of the protest, Oppenheimer National raises the following issues:

Quality Plus Group - Apparent Low Bidder

1. The Quality Plus Group has not certified and agreed that this Bid Form constitutes a firm offer to the City as their bid because they have not executed the Bid Form. Bid Form has not been signed by The Quality Plus Group, as clearly stated on the form.

2. Due to the missing signatures validating this bid as an offer to the City and omitting the certification that all information is true and correct under penalty of perjury on the submitted Bid Form, this submission does not constitute as a "bid" and should be considered "non-responsive"
City's Findings - Quality Plus Group:

1. Quality Plus Group failed to sign the Bid Form as stated and required per the bid documents. Pursuant to the Instructions to Bidders, Section 7 Completion of Bid Forms, "Bids shall be executed by an authorized signatory as described in these Instructions to Bidders." The Bid Form returned with Quality Plus Group's bid was not signed as required by the Bid and Contract Document. Please refer to the copy attached.

Based on the foregoing, City staff have determined that MLC Constructors, Inc. is the apparent lowest responsive, responsible bidder with a bid amount of $109,344.00 as determined by the base bid as stated in the Notice Inviting Bids and the Bid Form.

If you have any questions, please e-mail me at: [email protected].

Best regards
yas fort
Yasmin Lopez
Purchasing Manager

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