Board rejects Byram Davy bid protest, affirms award for Chula Vista High project

The Sweetwater Union High School District Board of Trustees on Jan. 27 rejected a bid protest from Byram Davy Incorporated challenging the procurement for Chula Vista High School building and site improvements (Bid No. 25-2933-AM), voting 4-0 with one trustee absent.

The protest, filed after the district determined Byram Davy's bid nonresponsive because a listed roofing subcontractor submitted prequalification materials fewer than five business days before the bid opening, was presented to the board at a public hearing. Byram Davy representatives said the district's prequalification web table showed the subcontractor as prequalified on Dec. 2, the day before the Dec. 3 bid opening, and questioned the accuracy of the district's online records.

At the hearing Byram Davy's representative said, "I said, well, I'm gonna go take a look at this. So it actually showed us being, approved on April, 8th of the of 2024, and it said we submitted on April 8, 2024. I go, well, no, we didn't. We sent it before that." The company also argued that other bidders had technical omissions and raised concerns about whether the lowest responsive bidder had stadium experience.

District general counsel Kathleen Carbucci told the board staff had determined the prequalification submission did not meet the timeline required by the district's prequalification process. Carbucci said, "The statute does not say at approval. The statute says 10 business days before they must submit 10 business days before opening and must be preapproved 5 business days." Counsel also cited potential risk to state funding tied to the Leroy Green bond provisions if prequalification rules were waived.

Representatives for the district's recommended contractor, Conan Construction, argued the procurement process is governed by compliance and transparency requirements and said Conan met those rules. Michael Gibson, who identified himself as representing Conan Construction, said the process is "about compliance and transparency" and that Conan had followed the rules. Shannon Mauer, identified as Conan Construction president, added that Conan's partner for the field work is a prequalified subcontractor and that Conan expects to meet schedule and budget requirements.

Public commenters including Kathleen Cheers and Byram Davy representatives urged the board to consider contractor experience and potential program risks. The board discussed legal risk, the district's delegated authority to staff, and the practical need to move the project forward.

After the public hearing the board considered a motion to reject the protest and keep the district's earlier determination. The motion carried 4-0, with trustees recorded as voting yes: Trustee Davis (yes), Trustee Emerald (yes), Trustee Lopez Zepeda (yes) and Trustee Solis (yes); one trustee was absent. The board indicated rejecting the protest would avoid reopening the procurement and creating a potential secondary protest from the next-lowest bidder.

The board's action does not include a determinate public schedule for contract execution in the hearing record; the district indicated the project must move forward so students can access the facilities.

Votes at the hearing were recorded in the meeting minutes as 4 yes, 1 absent.

Ending: The board's formal rejection of the Byram Davy protest clears the district's path to proceed with the contract award for the Chula Vista High School project; the district said it will not revisit prequalification timelines mid-process but noted it will improve online guidance about prequalification windows for future bidders.