Commissioners deny bid protest and move to reject and rebid landfill construction-entrance project

County procurement staff briefed commissioners on a protest submitted by RS Jabber (transcript name) after the company was removed from evaluation for the landfill construction entrance invitation to bid. Procurement staff said the original solicitation did not include protest procedures for removal-from-evaluation scenarios, Bannock County policy did not cover this precise circumstance, and Idaho code similarly did not provide a process for this situation.

After review and consultation with legal counsel, procurement recommended denying RS Jabber’s protest. A commissioner moved to deny the protest per legal guidance and the board voted by voice to deny the protest.

Procurement staff then reported that the four remaining bids exceeded the county’s approved budget for the project. Staff recommended, under Idaho Code section 67-2805, that the board reject all bids and pass a resolution declaring the county can procure the work more economically on the open market. The staff recommendation calls for contacting companies that attended the pre-bid meeting and other interested contractors to request quotes on the same scope but with a requirement to meet the county’s $3,500,000 budget estimate. Commissioners moved to reject all bids and to proceed with the alternative procurement approach; the motion passed by voice vote.

Staff said rebidding this way will delay the project slightly but should validate the county’s budget estimate and provide an opportunity for contractors to return with cost-saving proposals. The board instructed procurement to work with the county engineer and bring vetted quotes back to the board for review.