Department of Finance | 1685 Main Street, Mail Stop 09 | Santa Monica, CA 90401 [email protected] | santamonica.gov/departments/finance Tel: (310) 458-8281 Fax: (310) 394-0647
Sent Via: [email protected]
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December 4, 2025
Lewis Brisbois Bisgaard & Smith LLP
Joshua S. Hodas, SB #250802
[email protected]
Tamara McNulty (Washington DC Bar No 1022637)
[email protected]
Garrett A Dean (Colorado Bar No 41924)
[email protected]
Maria K Shockley (Tennessee Bar No 40528)
[email protected]
2112 Pennsylvania Avenue NW, Suite 500
Washington, DC 20037
Attorneys for Carlos Guzman, Inc
Re: Response to Letter for Request for Proposal No. 4506 Parking Operations Management Dear Mr. Hodas, et al,
The City of Santa Monica (“City”) is in receipt of your November 25, 2025 bid protest (“Protest”) of the staff-recommended best bidder for Transit Bus Body and Paint Repairs/Bid ID #4506/Project #194716 (“Bid”). Upon reading the Protest, a review was conducted of the Request for Bid (“RFB”) and the Bid responses. Based on the review, the Protest is denied.
A summary of the Protest’s main points is as follows:
1. A bid determination is arbitrary, capricious and procedurally unfair if the posted RFB does not contain weighted scores.
2. The recommended best bidder does not comply with the vendor requirements in Section 4.2 of the RFB. Specifically, you argue that the recommended best bidder does not maintain required painting facilities. Additionally, you argue that the recommended best Department of Finance | 1685 Main Street, Mail Stop 09 | Santa Monica, CA 90401 [email protected] | santamonica.gov/departments/finance Tel: (310) 458-8281 Fax: (310) 394-0647
bidder has not developed the minimum relevant full-time experience on similar sized projects.
3. The equal ranking in experience of both you and the recommended best bidder is arbitrary and capricious.
The Protestis denied for the following reasons:
1. The RFB includes evaluation factors and their relevant importance. In the Bid Award Criteria, the City is upfront that bids are evaluated based on pricing, availability, experience, and references. The Protest does not cite, nor does there appear to be, any statutory requirement or common law ruling requiring the numerical or percentage ratings or rates be specified in a bid.
2. The recommended best bidder submitted its bid response in acknowledgement of the vendor requirements in Section 4.2 and the compliance and deviation to specifications language in Section 5.3. The recommended best bidder did not submit an Exceptions to Specifications form describing any of the exceptions or noncompliance arguments listed in the Protest. Additionally, through follow up correspondence, the recommended best bidder confirmed its compliance to City staff.
3. In evaluating a bidder’s experience, the selectors reviewed the bidder’s response for compliance with the bid specifications. The selectors then called the references listed in bidders’ experience statements to validate bidders’ submittals. The bidder references were asked questions related to the quality of work and turnaround times, ability and experience performing body repairs and paint on 60’ buses, ability to perform custom fabrication, and experience providing quotes prior to starting repair work and providing pictures of repair work in progress. The selectors also asked for an overall appraisal of their experience working with a bidder and if they would recommend them. If a bidder’s references validated that the bidder has experience performing all specified work and indicated that their experience with a bidder had been positive, the bidder scored full points for experience. Accordingly, both the recommended best bidder and you received the full score. Price was evaluated based on the unit cost proposal submitted by each bidder, multiplied by the estimated quantities posted in the bid and calculated over an estimated five-year contract including any proposed price increases submitted by bidders in bid section 24. The lowest bidder was awarded full points for price with higher bidders being awarded lower points based on the difference in bid price from the lowest bidder.
Department of Finance | 1685 Main Street, Mail Stop 09 | Santa Monica, CA 90401 [email protected] | santamonica.gov/departments/finance Tel: (310) 458-8281 Fax: (310) 394-0647
As a result of the reviewed points above, the Protest is denied, and relief will not be granted.
This written determination shall constitute the City's final decision on the protest.
In closing, the City appreciates your participation in our solicitation process. Should you have any further questions, please contact our Procurement Manager Teresa Villa at [email protected] 310-458-8242.
Sincerely,
Oscar Santiago
Finance Director / City Treasurer
Cc: Request for Proposal No. 4506 File
Procurement Manager
Buyer of Record
Department of Transportation Director