SIM
CO Mechanical, Inc.
787 W. Woodbury Rd, #12
Altadena, CA 91011
P: (818) 957-4994 / F: (818) 957-4804
CSLB No. 974288 (exp 06/30/26) DIR #1000005424 (exp 06/30/26) December 20, 2024
Ellis Petersen
Associate Civil Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Re: Protest – MEP Fusion, Inc. - Bid Package and Qualifications Project: Central Library Air Handler Replacement
Co
ntract: 9691-1
Bid Date: December 12, 2024
Dear Ellis,
Simco Mechanical, Inc. (“Simco”) submitted a bid for the above referenced project. The City of Newport Beach (“City’) has initially determined that MEP Fusion, Inc (“MEP”) is the apparent low bidder based upon preliminary bid results. The City also determined that Simco is the third apparent low bidder. Please consider this letter as Simco’s formal protest of award MEP based on the following facts:
1. MEP’s bid is non-responsive because it does not conform to the bid documents or Public Contract Code due to their failure to list properly licensed subcontractors such as electrical, plumbing/piping, insulation, and rigging on their Designation of Subcontractor(s) Affidavit form. The document clearly references that “ State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. “
2. Per the CSLB website, MEP has been in business as a licensed mechanical company since October 23, 2023. Based on the stated date, MEP does not meet the three-year qualification period as indicated on the “Contractor Industrial Safety Record” form within the bid package.
As such, Simco believes that MEP should be disqualified for lack of compliance in this category as well.
Based upon these facts, Simco requests that the City grant Simco’s bid protest by rejecting MEP’s bid as being non-responsive and awarding the contract to Simco Mechanical, Inc., the lowest responsive and responsible bidder.
ATTACHMENT B
5-5
Please feel free to contact me with any questions or comments regarding this matter.
Respectfully.
Cesar Rossignoli
CEO
5-6