Author: Amanda Dixon

MSBCA holds that a missing bid price that benefits the State, and doesn’t prejudice other bidders, should be waived or corrected

In PREAAmerica, LLC, MSBCA Nos. 3036 & 3040 (Nov. 7, 2017), the Department of Juvenile Services (“DJS”) issued an invitation for bids to provide audit services at 13 DJS facilities. PREAAmerica, LLC (“PREA”) submitted its bid form with pricing for only 12 facilities, accidentally leaving a blank space for the Cheltenham Youth Facility (“Cheltenham”). PREA was the low bidder at $30,340. The second low bidder was at $44,800. The procurement officer questioned PREA about the missing bid price for Cheltenham, to which PREA responded: “Our records show a bid for Cheltenham Facility as $2495. There must have been a saving error that omitted that facility.” Citing COMAR 21.05.02.12(D), which states that “[c]hanges in price are not permitted,” the procurement officer rejected PREA’s bid. PREA then requested that DJS accept its original total bid price “as is” with no additional charge for Cheltenham, which DJS rejected. PREA’s subsequent bid protest was denied on the grounds that its bid was non-responsive due to the failure to include a bid price for Cheltenham. On appeal, the Board held that the failure to include a price of $0.00 on a blank line was not a “substantive” mistake because it would have no effect on the total bid price. Further, the Board held that other bidders did not suffer any prejudice because PREA still would have been the lowest bidder even if it had...

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December 6, 2017

The following individuals successfully completed the certification exam: Danilo Ceron Daniel Delfino Andrew Fisher Subin George Ed Gray Mark Hedrick, Jr. Roger Lalloo Christopher Laughland James Linton Christopher Moorman John Oliver Rick Poole Sunil Ramroop Azizullah Sabity Ankit Thakar Lisa Timmons Edward Tracey Robert Trent David Woods Parris...

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November 30, 2017 – City of Frederick

The following individuals successfully completed the certification exam: Keith Brown Ian Burks Chad Coulter Ryan Dinsmore Jordan Dorsey Robert Forney William Fritz Scott Geasey Justin Gruden Jason Hammel Nicole Harshman Chao Knott Michael Liston David Masser Joseph Norwood Walter Ramsburg Casey Rausch Tom Rippeon Jared Rohr Lonnie Sherman Dale Stitley Gilmore Stitley, IV Michael Stockman Gary Willard Michael...

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November 30, 2017 – MDTA

The following individuals successfully completed the certification exam: Alexander Archer Eric Ash Michael Dorbit Clifton Edwards Richard Ford Logan Forsythe Joseph Malecki John Mears Kenneth Strong, Jr. Robert...

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