CITY OF FORT BRAGG
Incorporated August 5, 1889
416 N. Franklin Street
Fort Bragg, CA 95437
Phone: (707) 961-2825
Date: December 26, 2025
To: Jess Construction
RE: Dryer Building Reconstruction Project (WWP-00027) Bid Protest Response On November 21, 2025, six (6) bids were received for the reconstruction of the Dryer Building at the Wastewater Treatment Plant:
Jess Construction was deemed the lowest bidder on 11/21/2025. The City received a timely protest to Jess Construction’s bid citing the roofing system spec section and stating that “Per spec section 07 52 00 Part 1.07A…the specified roofing system must be installed by an approved applicator…Per confirmation from Soprema, the specified roofing manufacturer, Jess Construction is not an approved [applicator] of their system." The bid protest claims that Jess Construction’s bid does not meet code and should not be considered responsive.
The City performed an independent analysis of the claim and determined the following:
1. Jess Construction, although they have a roofing license, are not certified to install the specified roofing system; therefore, their bid does not meet the requirements.
2. Based on the lack of proper certification and the absence of a roofing subcontractor, the bid submitted does not meet the requirements.
3. Additionally, the city found that Jess Construction’s Schedule of Bid Prices wasn’t filled in properly or completely, which is also grounds for deeming the bid non-responsive.
The city has determined that the best course of action is to reject the low bid of Jess Construction as non-responsive because it does not comply with code standards and specifications.
We draw your attention to the following provision of City Formal bid procedures per Fort Bragg Municipal Code: §3.22.060 (C) “The City Council shall award the contract to the lowest responsible bidder submitting a responsive bid. The City Council may, upon refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder submitting a responsive bid.” Since the low bidder was unable to provide a responsible bid based on bid content, the city of Fort Bragg has determined that your proposal is non-responsive and cannot move forward with awarding you the contract.
A recommendation to City Council to award this project to the second lowest bidder will be made on January 12, 2026, at the City Council Meeting starting at 6:00 p.m. at 363 N. Main Street in Fort Bragg. Be advised you have a right to attend the aforementioned Council meeting and present evidence to dispute the determination of non-responsiveness.
Sincerely,
Alfredo Huerta
Assistant City Engineer
(707)961-2823 ext. 138
[email protected]