Council affirms low bidder on ADA concrete contract after protest by runner-up

A contractor who placed second on bid 005-26 for ADA concrete improvements urged the El Cajon City Council on June 24 to reconsider the city’s finding that the apparent low bidder was responsive after correcting a Section 3 questionnaire. The council voted unanimously to approve the contract as recommended by staff.

Ruben Claudio, representing his firm and a bidder on the contract, told the council that the low bidder had initially answered “no” to the Section 3 questionnaire items and did not submit a clear qualitative efforts plan, language in the solicitation that he said should make the bid nonresponsive. He said the requirement was critical because the project is funded with Community Development Block Grant (CDBG) money and that other bidders had incurred outreach and compliance costs.

City staff and the city attorney responded that the Section 3 questionnaire is a self-certified form, that staff used discretion to treat the incorrect submission as a correctable irregularity and that the low bidder subsequently certified compliance without any change in price. The city attorney said the request-for-bid documents allow the city to deem certain irregularities immaterial if they do not confer an unfair advantage.

After questions from council about bid review procedures and precedent, no council member moved to reject the low bidder. The mayor moved approval of the consent calendar item awarding the contract as recommended; the motion carried by unanimous vote.

Claudio said he was frustrated with the process and that he had filed a timely protest after the notice of intent to award; staff described the protest as untimely and without merit. Council discussion referenced a prior November council decision where a different bid irregularity had been treated as immaterial.

The council’s action approved the contract award as part of the consent calendar vote.