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City of Santa Ana Response to Bid Protest <br />Project No. 09 -6036, Edna Park Improvements <br />• Sunbelt Flooring submitted a bid to Green Giant Landscape, Inc., proposing to <br />complete the epoxy flooring for a labor and materials cost of $5,150. The total <br />cost includes twenty percent ($1,030) for labor and eighty percent ($4,120) for <br />materials. <br />• California Public Contract Code and the City's bid documents require the listing <br />of all subcontractors for all subcontract work exceeding %2% of the bid. <br />Generally the law requires strict compliance with bid specifications. However a city may <br />waive a minor deviation if the variance cannot have affected the amount of the bid or <br />given a bidder an advantage or benefit not allowed other bidders — i.e, inconsequential <br />deviations. <br />Competitive bidding rules have been implemented to guard against favoritism, <br />improvidence, extravagance, fraud and corruption; prevent the waste of public funds <br />and to obtain the best result for the public. Additionally, the purpose of the <br />subcontractors listing law is to prevent bid shopping after the opening of bids. <br />The City specifically listed the flooring that must be used on the Edna Park <br />Improvement Project. In the absence of a proposed substitute in its bid documents, the <br />low bidder is required to utilize the named flooring manufacturer. Therefore, the failure <br />to list the required flooring manufacturer as a subcontractor will not result in bid <br />shopping, nor does it provide an advantage to the low bidder or put other bidders at a <br />disadvantage. <br />In this case, strict compliance with the bid specifications will result in the City paying <br />more for the same project. This would contravene the purpose of the public bidding <br />laws. Therefore, I am upholding staff's determination that Green Giant Landscape, Inc. <br />is the low bidder, and will be recommending that the Edna Park Improvement Project be <br />awarded to Green Giant Landscape, Inc. <br />Sincerely <br />MW <br />Raul Godinez II, P <br />Executive Director <br />c: Mayor and Council <br />Don Henderson <br />