CONTRACTS CONTRACTORS - See: $ matrics etc file

NYC 9/11 Public Portal Document

is April 12,2002

Department of Paul H. Singlevich Eni^ronmentai Project Executive Protection PAL Environmental Safety Corp. 59-17 Junction Boulevard 43-09 Vernon Blvd. Hushing, New York Long Island City, New York 11101 11373-5108

Re: Emergency Contract ROF-REM2 Non-Responsiveness Determination Christopher O. Ward Commissioner Dear Mr. Singlevich:

Competitive sealed bids for Contract ROF-REM2, for Emergency Rooftop AND Facade Remediation in the Vicinity of the World Trade Center Stuart M. Erdfarb, P.E. (the “Contract”) were opened on April 11,2002. In accordance with §2-07 of the AGENCY Chief Contracting Officer New York City Procurement Policy Board Rules (“PPB Rules”), I have Tel (718)595-3300 determined that the bid submitted by PAL Environmental Safety Corp. (“PAL”) Fax (718) 595-3278 [email protected] for the Contract is non-responsive and must therefore be rejected. The determination, as set forth herein, is pursuant to §2-07(c)(l) of the PPB Rules.

§2-07(c)(2) of the PPB Rules states that one of the factors affecting the responsiveness of a bid is “compliance with all material terms and conditions of the solicitation.” The solicitation for the Contract was for a competitive sealed bid (not for a proposal), and nothing other than pricing can be considered in the selection of the apparent low bidder. However, in addition to its pricing, PAL submitted a two page letter containing a “clarification” as part of its “proposal.” Any such clarification should have been submitted prior to the bid opening date and cannot be entertained as part of the bid. By way of inclusion of assumptions and qualifications to its pricing, PAL did not properly respond to the solicitation, thereby rendering its bid non-responsive. PAL’s bid must therefore be rejected.

Pursuant to §2-07(e) of the PPB Rules, you have the right to appeal this determination. If you decide to appeal, you have five days from the receipt of this letter to appeal. Receipt of notice shall be deemed to be no later than five days fi-om the date of mailing or upon delivery, if delivered. Filing of the appeal shall be accomplished by actual delivery of the appeal document to the office of the Commissioner’s designee. First Deputy Commissioner Diana Chapin. The appeal shall be delivered to:

First Deputy Commissioner Diana Chapin NYC Department of Environmental Protection 59-17 Junction Boulevard, 19th Floor Corona, New York 11368

C www.nyc.gov/dep j

(718) DEP-HELP

NYC-WTC_000151246