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Council rejects pre‑award protest after review of subcontractor DBA filing

Middleton City Council · July 15, 2026
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Summary

Macan Construction filed a pre‑award protest challenging an electrical subcontractor listing; city attorney and staff found the named DBA corresponded to the licensed entity and council approved a resolution affirming the award to JC Constructors.

A pre‑award objection from Macan Construction questioned whether the electrical subcontractor listed in JC Constructors' bid included the correct license number. The protest was filed before the formal award.

City attorney Douglas Waterman and staff investigated and found the listed name functioned as a legally registered "doing business as" (DBA) that tied to the licensed company on the state contractor roll. Waterman explained that while a parent/subsidiary mismatch would be a fatal responsiveness issue, a DBA that corresponds to the licensed business satisfies the statutory requirement. Macan's representative, Sergio Bizervich, told council his team used the bid documents available and raised the issue in the timelines they had, noting tight bid preparation schedules. After review, council adopted a resolution (546‑26) preemptively addressing the protest and affirmed the award to JC Constructors by unanimous vote.