Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Procurement topic
No spam. Unsubscribe anytime.
Board denies flooring bid protest after legal review, awards contract to next low bidder
Summary
District staff found an incorrect subcontractor license number made Continental Flooring nonresponsive under NRS 338; after argument from the appellant and legal counsel, the board rejected the appeal and approved award to the next bidder, citing statutory 'must/shall' requirements and procurement precedent.
After a contested appeal, the Washoe County School District Board of Trustees rejected a bid protest by Continental Flooring on April 28 and approved the award of the George L. Dworth Middle School flooring project to the next low bidder.
Senior director Andrea Sullivan and Deputy Chief General Counsel Kevin Pik told trustees the purchasing department deemed Continental’s bid nonresponsive because one listed first‑tier subcontractor had incorrect contractor license numbers on the statutorily required 5% subcontractor list. Sullivan said NRS 338 mandates the bid include each first‑tier subcontractor’s name, license number and scope of work, and that failure to submit the required list or correct information makes a bid nonresponsive under the statute’s 'must' and 'shall' language.
Chris Coleman, president of Continental Flooring and the appellant, addressed the board by video. He said the company timely submitted its 5% list but made a typographical error in one subcontractor’s license number and argued the mistake should be waived as a minor informality because the district clearly knew which subcontractor was intended and the error did not give an unfair advantage.
Legal counsel and procurement staff responded that Nevada case law and the statutory language support strict compliance when statutes use mandatory terms, and that the district’s long‑standing practice is to apply the statute consistently to preserve procurement integrity. After board discussion weighing procurement precedent and potential market impacts, Clerk Cole moved to reject Continental’s protest and proceed with award to SI Legacy Flooring Floor Finishing, Inc., and the motion passed unanimously.
What this means: The district will not award the contract to the initial low bidder because staff determined the bid failed a statutory requirement. Procurement staff noted cancelling and rebidding would delay the project into next summer and expose the district to other risks, a consideration trustees raised during deliberations.
