DEP contract memo, WTC-ARA competitive bidding, August 2002

NYC 9/11 Public Portal Document

/fl Akinyemi Babatunda ® AUS 30 p 3; 13 ^EiwironmenblSf’^ President Xaren Corporation if9:1ff 45-09 Greenpoint Avenue, Suite 200 'Flushing, New York’?! J. - jY'' Long Island City, New York 11104 A ,1 (373^5108" ; \Aa a Re: Contract WTC-ARA PIN 82603WTCIARA I j CHfi^toplierOWard Non-Responsiveness Determination Comm iss iori^ 4/'^ Dear Mr. Babatunda;

Ripff'pa Competitive sealed bids for Contract WTC-ARA, for Indoor Dust Cleaning Program in the Vicinity of the World Trade Center Site - Quadrant A, (the 5^ Stuart M. Erclfarb, P-Ey/J “Contract”) were opened on August 26, 2002. In accordance with §2-07 of the 1 "Agency Chief Contracting Oftoer New York City Procurement Policy Board Rules (“PPB Rules”), I have - It A a; determined that the bid submitted by Xaren Corporation (“Xaren”) for the < OelA(718i595-336or'.iV ’''M u Fax (718) 596-3278„ A < S Contract is non-responsive and must therefore be rejected. The determination, as ' set forth herein, is pursuant to §2-07(c)(2) of the PPB Rules. §2-07(c)(2) of the S 3 ?' “ I .'}vW' * "’v.-. ' S' 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 I ’ 5 ; in the bid package for the Contract was a memo to all prospective bidders stating = I '■ EA-E'* I 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 fr.;? o,. ill.'- ^5- J,.'" _ 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 AW ' be accomplished by actual delivery of the appeal document to the office of the •V- s . Commissioner.' The appeal shall be delivered to: ■■ '-E’

Christopher O. Ward Commissioner u, 'V NYC Department of Environmental Protection ■'"vf// As " A A? I 59-17 Junction Boulevard, 19th Floor <A-'£A y~. J Flushing, New York 11373 1

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

/SaiA ; i( 7 1 8 ) SD E,P - Ht-L Pj The Commissioner's decision of your appeal of a determination of non­ responsiveness shall be final.

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