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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