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Bid Rejection Notice for WTC Dust Cleaning, Aug 2002

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Letter rejecting a non-responsive bid submitted by Xaren for Contract WTC-ARA regarding dust cleaning in Quadrant A.

NYC-WTC_000151262–000151264

Folder label: “CONTRACTS CONTRACTORS - See: $ matrics etc file

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NYC 9/11 Public Portal Document

August 30, 2002

Department of Akinyemi Babatunda En^ronmental President Protection Xaren Corporation 59-17 Junction Boulevard 45-09 Greenpoint Avenue, Suite 200 Flushing, New York Long Island City, New York 11104 11373-5108

Re: Contract WTC-ARA PIN 82603WTCIARA Christopher O. Ward Non-Responsiveness Determination Commissioner Dear Mr. Babatunda:

Competitive sealed bids for Contract WTC-ARA, for Indoor Dust Cleaning Program in the Vicinity of the World Trade Center Site - Quadrant A, (the Stuart M. Erdfarb, P.E. “Contract”) were opened on August 26, 2002. In accordance with §2-07 of the Aoency Chief Contractiiio Officer New York City Procurement Policy Board Rules (“PPB Rules”), I have Tel (718)696-3300 determined that the bid submitted by Xaren Corporation (“Xaren”) for the Fax (718) 696-3278 Contract is non-responsive and must therefore be rejected. The determination, as [email protected] set forth herein, is pursuant to §2-07(c)(2) 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.” Included in the bid package for the Contract was a memo to all prospective bidders stating that, “Should the low bidder fail to submit the required documents [i.e. the insurance certificates] within the 24 hour period, the bid shall be rejected.” Xaren failed to submit the required insurance certificates within the time period specified. Xaren’s bid is therefore 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 from 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. The appeal shall be delivered to;

Christopher O. Ward Commissioner NYC Department of Environmental Protection 59-17 Junction Boulevard, 19th Floor Flushing, New York 11373

A copy of your appeal shall be forwarded to the undersigned at the letterhead address (17th floor.)

The Commissioner's decision of your appeal of a determination of non­ responsiveness shall be final.

(718) DEP-HELP

NYC-WTC_000151262

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NYC-WTC_000151262Source: NYC Law Department, mirrored locally

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