NYC 9/11 Public Portal Document
July 12,2002
Michael O’Reilly
President
Trade-Winds Environmental Restoration, Inc.
100 Sweeneydale Avenue
Bay Shore, New York 11706
Re: Bidder List
Emergency Procurement
World Trade Center Site
Interior Remediation
Dear Mr. O’Reilly:
Stuart M. Erdfarb, P.E.
AGENCY Chief Contracting Officer I write in response to your letter of June 21,2002 to Commissioner Christopher O.
Tel (718)595-3300 Ward. Please be advised that, contrary to your assertion, this agency has made no
Fax (718) 595-3278 determination regarding the qualifications of Trade-Winds Environmental Restoration,
[email protected]
Inc. (“Trade-Winds”). Rather, a bidder list for an emergency procurement has been
established in order to procure interior remediation services near the World Trade
Center site pursuant to a Declaration of Emergency.
When contracted services are required to alleviate an emergency condition, neither
public advertisement, established 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 as much competition as is possible and practicable, a bidder
list for the specific emergency procurement is established. In doing so, reasonable
criteria may be set forth to make certain that neither lack of integrity, poor past
performance, lack of experience, or lack of the qualifications unnecessarily delay the
start of work after the bid opening. Only firms that fully meet the established criteria are
placed on the emergency procurement bidder list.
Based upon a review of Trade-Winds by our Bureau of Environmental Compliance,
Trade-Winds was not selected to be solicited for the subject procurement. The decision
to include or exclude firms from a bidder list for an emergency procurement is at the sole
discretion of the agency, and there is no administrative appeal available.
The criteria for the subject bidder list are neither arbitrary nor capricious, and have a
rational basis. The fact that 27 firms have been place 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,
NYC-WTC_000163974
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