Berlin Airport Authority
November 29, 2010
Present were Chair Grenier, Commissioners Ryan Landry, Michael Rozek and Tom McCue as the Ward II representative.
Others present included Eric Kaminsky, Patrick MacQueen, and public.
Awarding of Contract for Snow-blower, Plow Truck, Sander and Paving Project
SBG Project # 01-03-2010
Mr. MacQueen explained that three pieces of equipment were bid and all had a requirement for Buy- American. Tenco was the low bidder; however HP Fairfield protested to the FAA that the company could not meet the “Buy American” clause.
The FAA left it to the sponsor (i.e. City) of the grant to comment on how it would deal with such a protest and how the bid would be awarded. As the City’s purchasing agent, Mr. MacQueen indicated that he wrote up an opinion of how the city would have dealt with the bid award and the protest. He concluded that the award should go to Tenco as recommended by AMEC. The protest was denied with the reason being that we have to take the bid on its face and believe what Tenco has promised in their bid. They were the low bidder and, in their bid, they claim to meet the “Buy American” clause and there is no reason for the City not to believe their claim. To deny them because a party who has an interest in having another vendor disqualified would be unjust. We recommend awarding to the low bidder and if they don’t perform as claimed, they would be in breach.
Chair Grenier confirmed that this is putting the matter in Tenco’s court and the assumption is that they will meet the Buy American clause. Mr. Kaminsky commented that Tenco has demonstrated that they meet the criteria by getting on an FAA approved list. Mr. MacQueen noted that nothing guarantees that they will meet the criteria until they actually do it; however there is no reason not to award to them.
Commissioner Rozek moved to award the contracts for all as outlined in the recommendations from AMEC;
1. Dump Truck, Dump Body, Front-Mounted & Wing Plow Assembly in the amount of $149,757.00 to Freightliner of Maine.
2. Truck Mounted Sander Unit in the amount of $11,352.00 to Tenco New England
3. Snow Blower in the amount of $116,588.00 to Tenco New England
4. Pavement Construction Project $46,889.00 to A.R. Couture Construction.
Commissioner Landry seconded and the motion carried unanimously.
Commissioner Rozek moved to adjourn; Commissioner Landry seconded and the motion carried. The meeting ended at 6:25 p.m.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
| 
