Pasco commissioners uphold denial of guardrail bid protest after vendor argues form was ambiguous

The Pasco County Board of County Commissioners on July 15 upheld the county administrator's decision to deny a bid protest filed by Southeast Highway Guardrail and Attenuators LLC over IFBKM25029, the county's ongoing and as-needed contract for guardrail and handrail installation and materials.

Southeast told the board it believed optional items on the county's bid form were not clearly marked and that by bidding on eight small material-only line items the company inadvertently increased its total tabulation by about $60,000 compared with competitors that entered "no bid" on those lines. The vendor asked the board either to rebid the contract or to re-tabulate without counting the disputed $60,000.

Southeast attorney Elizabeth Vandenberg and estimator Iliana Angel said the bid form lacked an explicit mandatory/optional designation for specific line items, creating an uneven playing field. "It created a situation where the other two vendors chose no bids on eight items, and my client bid on those eight items," Vandenberg said. "Because of that, their bid tabulation was $60,000 higher than it would have been had they entered no bid on all of those items." The vendor said without the disputed amounts its total would have been roughly $205,006.76 and would have made it the lowest bid.

County purchasing director Carrie Roberts told the board the solicitation expressly stated the county could award by item or to multiple vendors and that the county reserved the right to accept the bid most advantageous to the county. Barrett Doe, assistant director of the Public Works Department, said the county intends to award multiple vendors because of the workload and the need to match bidders to project-specific item lists when quoting individual repairs.

Commissioners questioned how often the handrail line items are used and whether a vendor that alone bids an item must be used for that part of a job; staff replied that if only one vendor bids a given pay item that vendor would be used for that pay item on a quoted project.

After the vendor presentation and county staff explanations, a commissioner moved and a second supported upholding the county administrator's denial of the protest and awarding the contract as recommended by staff to Grading Bush Hog Services and Southeast Highway Guardrail and Attenuators. The motion passed on a voice vote.

The board did not direct rebidding or re-tabulation; it accepted staff's explanation that the solicitation allowed multiple-awards and line-item awards. Southeast had asked the board to remove the disputed amounts from the tabulation or to rebid; the board declined.

The board's decision preserves the purchasing office's recommended multiple-vendor award. The county did not adopt any new procurement policy at the meeting; the purchasing director said the solicitation language already stated the county's intent to award by line item and to multiple vendors.

Clarifying details recorded in the hearing record and presented by the vendor included the approximate $60,000 tabulation difference and the company's statement that it has held the county's guardrail contract for the prior three years.

Southeast's presentation and the county's written protest response remain part of the procurement record and the vendor retains the ability to pursue administrative or legal remedies consistent with procurement rules.