August 1, 2024 Guy Construction via email: [email protected]: Moshe Levy, Project Manager 28348 Roadside Dr., Suite 205 Agoura Hills, CA 91301 Re: Bid Protest Determination Erbes Rd. Fence Replacement (CI 5435) Dear Mr. Levy, Pursuant to Thousand Oaks Municipal Code Section 3-10.310(d), the City Manager has delegated to me the authority to respond to the protest that was filed on behalf of Guy Construction related tothe formal bids for the above-referenced project received on July 17, 2024, namely your protest of the bid submitted by Blackpointe Group Construction & Management Inc. (Blackpoint), who is the apparent low bidder. I have reviewed your protest letter dated July 30, 2024, along with the provided supporting documentation; however, my final decision is to reject your protest pursuant to Thousand Oaks Municipal Code Section 3-10.310(d). The basis for this decision is outlined below:A) The Notice Inviting Bids for the Project stipulated the following:Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish tobid on, be listed in a bid proposal, or enter into a contract to perform public workmust be registered with the Department of Industrial Relations. No bid will beWithin three working days of the bid opening, the bidder shall submit a validDIR number. Failure to do so may deem the bid non-responsive, as reflected inthe Bid From No.9 of the contract documents.B) Blackpointe Group Construction & Management Inc. included their DIR registrationnumber in the bid package and provided proof of their current DIR registrationwithin the required timeframe. This information was verified by City staff.C) The Contractor's State License Board (CSLB) records do not indicate any lapse inthe workers' compensation insurance coverage for Blackpointe. According to theCSLB, Workers' Compensation Policy #9291459 has been in effect from January27, 2021, and is valid until January 27, 2025. There is no evidence of anyinterruption in coverage.
Bid Protest Determination (CI 5435)August 1, 2024 Page 2 Based on the above factors, your bid protest is therefore rejected. An appeal of this decision may be filed with the City Council pursuant to Thousand Oaks Municipal Code Section 3-10.310(f). All such appeals must be in writing and shall be filed with the City Clerk within 5 business days from the date of this decision, which is August 8, 2024.Sincerely, _____________________ Clifford G. Finley Public Works DirectorC: Laura B. Maguire, City Clerk DPW:850-20\jul\H:\CIP Projects\CI 5435\Bid Protest Response 8.1.24.docx