DEP letter regarding emergency bidder list procurement, July 2002

NYC 9/11 Public Portal Document

July 16, 2002

John A. Tancredi Department of Vice President Environmental Specialty Service Contracting, Inc. Protection 845 Broad Avenue Ridgefield, New Jersey 07657 59-17 Junction Boulevard Flushing, New York 11373-5108 Re: Bidder List / Emergency Procurement Christopher O. Ward World Trade Center Site Commissioner Interior Remediation

Dear Mr. Tancredi; Stuart M. Erdfarb, P.E. AGENCY Chief Contracting Officer I write in response to your letter of July 3, 2002 to Krish Radhakrishnan of our Tel (718)595-3300 Fax (718) 595-3278 Bureau of Environmental Compliance. Pursuant to a Declaration of Emergency,' a [email protected] bidder list for an emergency procurement (the “list”) has been established in order to procxxre interior remediation services in the vicinity of the World Trade Center site. As you wrote your letter. Specialty Service Contracting, Inc. (“SSC”) has not been included on the list.

When contracted services are required to alleviate an emergency condition, neither public advertisement, standing bidder lists, nor pre-qualified lists are required. Instead, the City may use any procurement method which will allow for such competition as is possible and practicable in order to meet the needs of the emergency. In order to solicit bids, and to obtain sufficient competition, a bidder list for this specific emergency procurement has been established. In doing so, reasonable criteria have been set forth to make certain that neither lack of integrity, ‘"Sg poor past performance, lack of experience, or lack of the qualifications unnecessarily Oij_ delay the start of work after the bid opening. Only firms that fully meet the criteria have been placed on the list.

J Based upon a review of SSC by our Bureau of Environmental Compliance, SSC was not selected to be solicited for the subject procurement. The decision to include or exclude firms from the list is at the sole discretion of the agency, and there is no administrative appeal available.

The criteria for the list are neither arbitrary nor capricious, and have a rational basis. The fact that 27 firms have been placed on the list attests to that fact. Further, the inclusion of 27 firms will provide the City with a pool of bidders sufficient to meet the needs of this emergency procurement.

Very truly yours.

r // / "Stuart M. Erdfarl WWW.nyt.gov/dep}

(718)'’ DE P - HE L P

NYC-WTClboOI 54345