Shawnee awards Midland Drive contract to Superior Bowen after bid protest; McAnany contests decision
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Summary
After staff ruled the two lowest bids nonresponsive under KDOT's LPA manual, the council approved a roughly $8 million contract with Superior Bowen for Midland Drive improvements; McAnany representatives urged awarding their lower bid or rebidding and warned of potential taxpayer cost, while staff cited a risk of losing $4 million in STBG funds if KDOT rules otherwise.
The Shawnee City Council on Feb. 9 approved awarding the Midland Drive improvement construction contract to Superior Bowen Asphalt Company after staff determined the two lowest bids were nonresponsive under Kansas Department of Transportation (KDOT) LPA (local public authority) rules. The project will widen the roadway, add stormwater infrastructure, install bike lanes and a new sidewalk; staff said the city is receiving $4,000,000 in Surface Transportation Block Grant (STBG) funds contingent on compliance with KDOT requirements.
Public Works Director Kevin Manning told the council that six bids were received, that the lowest two bids were found nonresponsive for incomplete documentation, and that KDOT staff confirmed the city's interpretation of the LPA manual. Manning said awarding to the lowest responsive bidder (Superior Bowen) preserves eligibility for the $4,000,000 STBG reimbursement and keeps the project on the planned 2026 schedule.
David Beaulieu, who identified himself as counsel for McAnany Construction Inc., told the council that his client's bid — about $453,000 lower than the next bidder — became complete after missing signatures were submitted and therefore should be deemed responsive. He said McAnany sought confirmation from KDOT and had not received definitive FHWA guidance and urged the council to seek a formal answer from FHWA before awarding the contract or to rebid to save taxpayers money.
Eric Vosman, president and CEO of McAnany Construction, described his company's local history and argued the city should accept the lower price. "We are a local contractor... Our bid was $453,000 less than the next bid," he said. He and his attorney asked the council to reconsider or rebid rather than pay a higher price.
Greg Fowle, who identified himself as vice president of Superior Bowen, urged the council to uphold the city's procurement rules and warned that allowing post‑submission corrections undermines fairness and could jeopardize federal funding. Several councilmembers said rebidding risked delay, cost escalation and possible loss of the STBG funds; one councilmember noted KDOT and a district court judge had weighed in favor of the city's approach.
After deliberation, a councilmember moved to authorize the mayor to sign the Midland Drive improvement project contract with Superior Bowen; the motion carried by voice vote. Council later approved a related contract with Olson Associates for inspection and materials testing ($342,015) and a separate final change order to McAnany for the 2025 mill and overlay project reflecting a $65,512.65 reduction.
City staff indicated rebidding could push the project into 2027 or require splitting it across two years, and that accepting a disputed lower bid risked losing federal reimbursement. McAnany has signaled legal challenge and the record shows a contested procurement process.