|Manatee County Government Administrative Center First Floor, Commission Chambers 9:00 a.m. - February 13, 2018|
Agenda Item #56
Review of Protest Appeal - Corrosion and Odor Control RFP
Contact and/or Presenter Information
Contact: Jeff Goodwin, Wastewater Division Manager, Utilities Department, ext.5235
Presenter: Theresa Webb, Procurement Official, Financial Management Department, Procurement Division ext. 3056
Affirm the County Administrator's decision to disallow the protest of RFP No. 18-R067464MS.
Manatee County Code of Laws
On October 4, 2017 the Procurement Division advertised RFP No. 18-R067464MS for Corrosion and Odor Control Services. A protest from Lapin Septic Tank Service, Inc. (“Lapin Services”) regarding this RFP was received on October 11, 2017. In its protest, Lapin Services argues that the RFP is improper for the following reasons:
A response to the protest from County Administrator was mailed and emailed to Lapin on November 1, 2017 disallowing the protest. The allegations raised, though characterized as grounds for a protest, are criticisms of the County’s business practices and do not involve a violation of the requirements of the Purchasing Code or any applicable provision of law. A follow-up letter from Mr. Hunzeker to Lapin was sent via email and mail on November 17, 2017 informing Lapin of their right to appeal the County Administrator’s decision.
On November 22, 2017, an appeal of the County Administrator’s decision to disallow the protest from Lapin was received by the County. Subsequently, per County Ordinance 2-26-61(g), a stay of the procurement process for RFP No. 18-R067464MS was issued on November 22, 2017. At this time, the procurement process is still stayed and the contract has not been awarded.
The Board’s review in this type of proceeding is limited to the legal arguments, factual testimony or materials that were provided to the County Administrator in the initial protest materials. Per County Ordinance Section 2-26-61(f), if the Board believes that further discussion of the appeal is not required, the Board may summarily dispose of the appeal by confirming the County Administrator's decision on the protest. Alternatively, the Board may elect to provide the protestor and the purchasing official a brief opportunity to summarize their positions prior to making its decision. These summaries should not include references or the presentation of new evidence that was not provided in the initial protest. If the Board determines that the protest raises such significant factual or legal issues as would require a full evidentiary hearing, the Board may, in its sole discretion, refer the matter to an administrative hearing before a hearing officer.
County Attorney Review
Not Reviewed (No apparent legal issues)
Explanation of Other
Instructions to Board Records
Cost and Funds Source Account Number and Name
Amount and Frequency of Recurring Costs
Attachment: RFP#18 - R067464MS Protest.pdf
Attachment: Response to Protest 10-20-2017.pdf
Attachment: RFP 18 - R067464MS Appeal from Lapin.pdf