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Attachment C - Seacliff Mechanical Services Protest Letter

Newport Beach City Council
January 28, 2025

Document
Attachment C - Seacliff Mechanical Services Protest Letter
Meeting
January 28, 2025
Body
Newport Beach City Council
Original file
1.8 MB
Text extracted from the city's file for reading and search. Open the original on newportbeach.legistar1.com. That file is the official record.

SIMCO 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 – Seacliff Mechanical Services - Bid Package and Qualifications Project: Central Library Air Handler Replacement
Contract: 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 Seacliff Mechanical Services (“Seacliff”) is the apparent lowest second bidder based upon preliminary bid results. The City also determined that Simco is the apparent lowest third bidder. Please consider this letter as Simco’s formal protest to disqualify and remove Seacliff’s bid based on the following facts:

1. Seacliff’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 and insulation 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. Seacliff’s references listed in the “Technical Ability and Experience Reference” form do not meet the minimum requirements of $500,000 per project, performed per year, for the past five years. As such, Simco believes that Seacliff 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 Seacliff’s bid as being non-responsive and awarding the contract to Simco Mechanical, Inc., the lowest responsive and responsible bidder.

ATTACHMENT C
5-7

Please feel free to contact me with any questions or comments regarding this matter.

Respectfully.

Cesar Rossignoli
CEO
5-8

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