1 Project: Lee Bell Park Prefabricated Restroom Project CDBG 2025 Solicitation No.: CPW050118
Awarded Contractor: Global Engineering Development
Protesting Party: Public Restroom Company
Date: January 12th, 2026
To: Marisa Cumpian, Sr. Management Analyst / Public Works Department Ryan N. Panganiban, City Engineer/Assistant Director of Public Works Public Restroom Company (“PRC”) hereby submits this formal post-award bid protest pursuant to the governing procurement rules for the above-referenced project.
PRC respectfully protests the award of the contract to a bidder proposing a site-built restroom structure, on the grounds that such a proposal is materially non-responsive to the mandatory requirements of the Contract Documents.
1.BASIS OF PROTEST — MATERIAL NON-RESPONSIVENESS
The published specifications require a factory-built, prefabricated modular restroom building with an integral transportable foundation. The awarded bidder’s proposal does not comply with these requirements and therefore should have been rejected as non-responsive.
The Contract Documents require, among other things:
1. A prefabricated restroom building
The specifications expressly call for “furnishing and installing all items necessary to fabricate and install a prefabricated restroom building.”
2. An integral prefabricated foundation
The documents require “a prefabricated 8-inch-thick monolithic concrete mat slab shipped integral with the restroom building.”
3. Relocatable design
The slab must be “designed to allow relocation of the slab and building intact at any future date with built-in lifting hardware.”
4. Placement of a manufactured structure
The work includes “erection or placement of a prefabricated building,” which is terminology used exclusively for modular units delivered to the site, not site-constructed facilities.
5. Manufacturer-specific product
The restroom is specified as a defined manufactured model by Public Restroom Company or approved equal, which establishes a product-based procurement, not a conventional site-built construction scope.
A site-built restroom constructed on a poured-in-place slab cannot satisfy these requirements, because it is not:
• Factory fabricated
• Shipped with an integral foundation
• Relocatable intact
• Placed or erected as a modular unit
• A manufactured product equivalent
The proposal accepted by the city therefore provides a fundamentally different type of facility than what was advertised.
EXHIBIT A
2 2. MATERIAL DEVIATION FROM THE ADVERTISED PROCUREMENT Under public procurement law, a bid that fails to comply with mandatory technical requirements is non- responsive and must be rejected. Acceptance of a site-built solution where a modular, factory-built structure with an integral foundation was specified constitutes a material deviation from the solicitation.
Such a deviation:
• Alters the nature of the work
• Changes long-term ownership, relocation, and maintenance characteristics • Eliminates the very attributes the city explicitly required • Creates unequal competition between bidders
This is not a matter of preference or value engineering. It is a failure to meet mandatory “shall” requirements.
3. RELIEF REQUESTED
PRC respectfully requests that the city:
1. Rescind the award made to the non-compliant bidder
2. Determine the bid non-responsive due to failure to meet the prefabricated modular requirements
3. Re-evaluate responsive bids in accordance with the published specifications
4. Take any other corrective action necessary to preserve the integrity of the procurement
4. RESERVATION OF RIGHTS
PRC reserves all rights and remedies available under law and equity, including the right to pursue further administrative or judicial relief if necessary.
Respectfully submitted,
Public Restroom Company
Steve Myler
2587 Business Parkway, Minden NV 89423
775-783-1200
[email protected]
1 Project: Lee Bell Park Prefabricated Restroom Project CDBG 2025 Solicitation No.: CPW050118
Awarded Contractor: Global Engineering Development
Protesting Party: Public Restroom Company (“PRC”)
Date: January 12th ,2026
To: Marisa Cumpian, Sr. Management Analyst / Public Works Department Ryan N. Panganiban, City Engineer/Assistant Director of Public Works
Public Restroom Company submits this Supplemental Post-Award Bid Protest to further clarify and expand upon its initial protest regarding the award of the above-referenced contract to a bidder proposing a non- compliant building system.
This supplemental filing is prompted by the assertion that the awardee is offering a “factory-built” alternative. The Contract Documents—particularly Addendum No. 2—establish that the City is procuring a fully integrated manufactured restroom system, not a generic prefabricated shell or kit-of-parts building.
The awarded proposal fails to meet these mandatory requirements and remains materially non-responsive.
1. ADDENDUM NO. 2 ESTABLISHES A MANUFACTURED SYSTEM, NOT A GENERIC PREFAB Addendum No. 2 materially revises the technical specifications to require a factory-integrated restroom system with a dedicated utility chase and manufacturer-installed mechanical and electrical infrastructure, including, without limitation:
• Chase-mounted plumbing and Unistrut-mounted distribution • Factory-installed pressure management (including bladder/pressure tank) • Factory-installed fixtures, valves, and through-wall accessories • Chase-mounted lighting, controls, and electrical distribution These are system-level architectural requirements that define a manufactured product delivered to the site as a complete, pre-engineered, and factory-tested unit.
A proposal that provides only a prefabricated shell, panelized structure, or building kit—while installing plumbing, electrical, controls, or chase components in the field—does not comply.
2. “FACTORY-BUILT” IS NOT THE SAME AS A MANUFACTURED RESTROOM SYSTEM Many vendors label their products “factory-built,” but the Contract Documents do not solicit merely a factory-fabricated building envelope. They require a factory-manufactured restroom system whose:
• Mechanical systems
• Electrical systems
• Pressure management
• Serviceability
• Chase architecture
are installed, tested, and certified in the manufacturing facility prior to shipment.
2 A bidder proposing any of the following is not an approved equal:
• Flat-pack or panelized systems assembled on site
• Factory shells with field-installed piping or wiring
• Field-assembled utility chases
• Site-installed pressure tanks or distribution systems • Buildings requiring local trade build-out to become operational
These approaches defeat the purpose and requirements of Addendum No. 2 and provide a fundamentally different product than what the city specified.
3. THE AWARDED BID REMAINS NON-RESPONSIVE
Because the awarded bidder’s proposal does not provide a fully integrated, factory-manufactured restroom system with the required chase-based MEP architecture, it:
1. Fails to meet mandatory Addendum No. 2 requirements
2. Substitutes a different construction methodology
3. Changes the long-term maintenance, serviceability, and performance characteristics of the facility
4. Creates unequal competition by allowing a materially different product than what was advertised Under public procurement law, such a bid is non-responsive and must be rejected.
4. REQUESTED RELIEF
PRC respectfully reiterates and supplements its request that the city:
1. Rescind the award to the non-compliant bidder
2. Determine the bid non-responsive for failure to provide a compliant manufactured restroom system
3. Re-evaluate responsive bids in accordance with the Contract Documents, including Addendum No. 2
4. Take any other corrective action necessary to preserve the integrity of the procurement
5. RESERVATION OF RIGHTS
PRC reserves all rights and remedies available at law and in equity.
Respectfully submitted,
Public Restroom Company
Steve Myler
Regional Sales Representative
775-783-1200
[email protected]