Tue, Feb 09 2010
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Published November 11, 2009 11:58 am - General counsel for the Kentucky Administrative Office of the Courts has sustained a complaint filed by a Bowling Green contractor about the Monroe County Judicial Center project. AOC upholds protest on justice center construction By GINA KINSLOW Glasgow Daily Times FRANKFORT — General counsel for the Kentucky Administrative Office of the Courts has sustained a complaint filed by a Bowling Green contractor about the Monroe County Judicial Center project.
Scott, Murphy and Daniel LLC of Bowling Green submitted a protest on Oct. 12 claiming that Alliance Corporation of Glasgow improperly modified an alternate bid for a general trades contract. A press release issued by the AOC, said “any attempt by Alliance to modify its bid is impermissible,” and that actions of the Monroe County Project Development Board, the agency that awarded the bid, were “improper.” Tommy Gumm with Alliance said his company would abide by AOC’s decision. “We don’t have to agree with it to abide by it. It’s one of those things. We are looking forward to moving (ahead) with the project,” he said. Gumm attended a meeting of the Monroe County PDB regarding the bid protest. Danny Rhoades, AOC project coordinator, referenced the AOC’s decision to sustain Scott, Murphy and Daniel’s bid protest. “At the bid opening Alliance did give an alternate price of $12,000, which would have made them higher than Scott, Murphy (and) Daniel when you combine base bid and the alternate. Subsequent findings that Alliance was not going to require a bond from themselves. The director’s office has concluded since an alternate price was given which makes Alliance the second lowest bidder,” he said. “The findings that the director’s office has made are that Scott, Murphy and Daniel shall be awarded the contract for bid package 030.” Rhoades then asked the Monroe County PDB to accept the bid from Scott, Murphy and Daniel and to accept their alternate bid, which it did, unanimously. In the press release, Scott, Murphy and Daniel alleged that in May, Alliance, which is the construction manager, provided the Monroe County PDB with information about the two lowest bidders for the project. Scott, Murphy and Daniel submitted a base bid of $1,226,469 with an alternate bid of $12,575, while Alliance submitted a base bid of $1,233,300 with an alternate bid of $12,000. Both bids required bonding increasing the amount. The AOC reports states that if the Monroe County PDB rejected alternate bid No. 1 and selected Alliance as the successful bidder the cost of the project would be $1,233,300. If it accepted alternate bid No. 1 and selected Scott, Murphy and Daniel as the successful bidder the cost of the project would be $1,239,044. Alliance did this by waiving the bonding requirement for the company, according to the AOC report. “Alliance listed itself as the recommended successful bidder at a cost of $1,233,300. No value was listed for alternate No. 1,” according to the report. Alliance prepared a bid tabulation report dated Sept. 18 and listed its bid as $1,233,300 noting it was the low bid. Alliance listed Scott, Murphy and Daniel’s bid as $1,239,044. The Monroe County PDB awarded the contract to Alliance Corporation of Glasgow on Oct. 2 thinking the company was the low bidder. 
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