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Despite protest, board awards Fairfax construction contract to Precision Engineering for up to $8.79M
Summary
After a bid opening and a protest over mobilization pricing, staff recommended and the board approved awarding the Fairfax construction contract to Precision Engineering Inc. as the lowest responsive and responsible bidder, rejecting protests and citing immaterial irregularities.
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The board moved to award the Fairfax capacity and creek crossings construction contract to the lowest responsive and responsible bidder, Precision Engineering Inc., for an amount not to exceed $8,794,470. Staff described a sequence: Bay Pacific submitted the low bid but withdrew, JDB & Sons was rejected for insufficient pipe‑bursting qualifications, and Disney Construction filed a bid protest alleging mobilization/demobilization pricing exceeded a specification cap. After staff and outside counsel review, staff concluded the mobilization line‑item irregularity was immaterial and that rejecting Precision would increase project cost substantially; staff cited precedent and legal cases in a written response to deny the protest.
Phil Benedetti explained the evaluation, saying the final contract value after selecting alternates would likely be near $7.6M for Precision and that rejecting their bid for a technicality would increase the project cost by more than $3.25M. Board members asked about fairness and legal review; staff confirmed bond counsel and counsel reviewed the protest response. With that, a motion to award the construction contract to Precision Engineering carried by voice vote.

