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Home My WebLink About08.a EDB- ITB 25-26-A12 Mid-Clay WRF GST No. 3 Rejection EXECUTIVE SUMMARY AGENDA ITEM: Recommendation to Reject All Bids for the Mid-Clay Water Reclamation Facility(WRF) Ground Storage Tank(GST)No. 3 Project CCUA Bid No.: ITB#2025/2026-Al2 Date: October 29, 2026 After the Board of Supervisors' approval action on October 20, 2026, staff received a Notice of Protest and Formal Written Protest from NCMC, LLC, to the ITB award on October 22, 2026. NCMC,LLC, submitted the Formal Written Protest timely and in accordance with Florida Statutes 120.57(3). Staff participated in a call with NCMC to hear and potentially resolve any issues on October 29, 2026. According to CCUA's Procurement Policy, staff brings the ITB responses and the corresponding protest to the Board of Supervisors for further consideration. Based upon formal protest received and further review of the entire solicitation package, staff seeks authorization to reject all bids received for the Mid-Clay Water Reclamation Facility(WRF)Ground Storage Tank No. 3 Project. BACKGROUND: On September 11, 2026, Clay County Utility Authority (CCUA) publicly advertised the above- referenced project on CCUA's OpenGov Procurement Portal and in the Florida Times-Union. Following receipt and evaluation of the submitted bids, Staff presented its recommendation of award to the Board of Supervisors at its October 20, 2026, meeting. At that time, the Board approved the recommendation and authorized execution of a contract with the apparent lowest bidder, Precon Corporation. DISCUSSION: Staff considers rejection of all bids received under the current solicitation and issuing a modified and updated Invitation to Bid at a later date would be in the best interest of CCUA. Per the CCUA Procurement Policy, CCUA reserves the right to waive formalities in any bid,reject any or all bids with or without cause, and accept the bid or any part of it that, in its judgement, is in the best interest of CCUA. This approach will provide an opportunity to address the identified concerns, clarify solicitation requirements as necessary, improve the supporting documents, and ensure all prospective bidders have an equal opportunity to compete under clearly defined and consistent requirements, preserving the integrity, fairness, and transparency of CCUA's competitive procurement process while minimizing the potential for further disputes or delays. RECOMMENDATION: //DP (Author) //DP,JP, CH(Review) //DD (Final) Staff recommends the Board of Supervisors reject all bids received in response to ITB No. 2025/2026-Al2, and authorize staff to revise and reissue a modified and updated solicitation at a future date, and take any associated administrative actions necessary to close-out the current procurement process. ATTACHMENTS: NCMC, LLC Notice of Protest and Formal Written Protest //DP (Author) //DP,JP, CH(Review) //DD (Final) NCMC,LLC 14545 Barringer Court Baton Rouge, LA 70809 October 22, 2026 Via email: procurement@clayutility.org Darrin G. Parker, FCCM Procurement Manager Clay County Utility Authority 3176 Old Jennings Road Middleburg, FL 32068-3907 Re: Notice of Protest and Formal Written Protest ITB No. 2025/2026-Al2, Mid-Clay WRF Ground Storage Tank No. 3 Notice of Intent to Award dated October 21, 2026 Mr. Parker, NCMC, LLC files this notice of protest and formal written protest under section 120.57(3), Florida Statutes, and the Authority's adopted bid protest policies. We are protesting the Notice of Intent to Award dated October 21, 2026, which NCMC received on October 21, 2026, stating that the Board of Supervisors approved award of ITB No. 2025/2026-Al2 to Precon Tanks in the amount of $1,921,320.00 on October 20, 2026. NCMC submitted a timely bid on October 9, 2026 and is adversely affected by the intended award. If Precon's bid is rejected, NCMC's bid remains eligible for award. Precon's response is missing information the ITB requires, its Bid Item 1 price does not meet Section 01220, and Precon did not submit most of the Bid Form. Each item below is cited to the ITB, Addendum 1, or Precon's OpenGov Response Document Report. The supporting pages are attached as Exhibits A through C. 1. Minimum Qualification Form Is Incomplete Article 3.01.0 of the Instructions to Bidders, as revised by Addendum 1, Item 9, requires a summary sheet for each reference project showing Project Staff(Project Manager, Superintendent, Quality Control Manager), Project Cost(Initial Contract Value, Final Contract Value, Total Value of Owner Initiated Change Orders, Total Value of Non-Owner Initiated Change Orders), and a Project Description. The form states, "This document must be completed and returned with your Submittal." Article 3.01.C.1 states, "A Contractor not meeting all of the following criteria may have their Bids rejected." Precon left the following entries blank(Exhibit A): Project 1:NW WTP Project 2: SR 16 WRF Project 3:Walker Co. GST GST Clearwell#3 Quality Control Manager Blank Blank Blank Final Contract Value $2,320,407.00 Blank Blank Owner-initiated change orders Blank Blank Blank Non-owner-initiated change $10,507.00 Blank Blank orders Page 1 Project 1:NW WTP Project 2: SR 16 WRF Project 3:Walker Co. GST GST Clearwell#3 Unforeseen circumstances None Blank Blank How scope,schedule,and Blank Blank Blank budget were met That is 15 blank entries. The Quality Control Manager and the explanation of how scope, schedule, and budget were met are blank on all three projects. NCMC completed every entry on all three of its reference projects. Article 19.1 lists "incomplete Bids" and "failure to provide all required information" as reasons a bid may be found non-responsive. 2. Bid Item 1 Does Not Meet Section 01220 Section 01220, Measurement and Payment, sets a ceiling on mobilization and a floor on demobilization: • 1.03.D.2.c: "Limit price for mobilization to no more than 5 percent of Contract Price." • 1.03.G.2.a (Demobilization): "Shall not be less than 3 percent of Contract Price." The Bid Form combines both into Item 1, so the Item 1 price has to fall between 3% and 5% of the Contract Price. Precon bid$5,000.00 on a total of$1,921,320.00, which is 0.26% (Exhibit B). The 3% minimum is $57,639.60. Precon is short$52,639.60 even if all of Item 1 is counted as demobilization. Article 19.1 allows the Authority to reject bids that are not in conformance with the specifications, and it limits waivers to "informalities not involving price, time, or changes in the Work." This is a price issue. For comparison, NCMC bid $90,000.00 for Item 1, or 4.27% of its total. 3. Bid Form Not Submitted Article 13.2 requires that "All blanks on the Bid Form shall be completed in ink or electronically and the Bid Form signed in ink or electronically." Article 13.3 requires a corporation's bid to be executed in the corporate name by an officer with evidence of authority, with the corporate seal affixed and attested by the secretary or an assistant secretary, and the state of incorporation shown. Article 13.11 requires the contractor license number to be shown on the Bid Form. Of the ten Bid Form pages, Precon submitted two: 00300-5, Bidder's Insurability, and 00300-6, List of Major Subcontractors (Exhibit C). Precon did not submit: • 00300-1, the bidder information and the signed declaration that the bid is made without collusion and that the bidder examined the site, plans, and specifications; • 00300-4, MBE/WBE Utilization and good faith efforts; or • 00300-7 through 00300-10, the signature and principals pages, including the corporate execution block required by Article 13.3. Article 19.1 lists "failure to utilize or complete the prescribed forms" as a reason a bid may be found irregular or non-responsive. On 00300-4, Article 19.7 and Section 00020, 1.07 provide that due consideration will be given to bidders who agree to use certified minority business enterprises as subcontractors or suppliers. Precon's response has no MBE/WBE participation and no outreach. NCMC submitted 00300-4 with its outreach to Florida certified DBE firms for this project, and we ask that it be considered. Page 2 4.Bid Security Section 00020, 1.05.B and Article 8.01 required a 5%bid security delivered to the Procurement Manager at 3176 Old Jennings Road no later than 2:00 p.m. (EDT) on October 9, 2026. Precon's OpenGov response does not include its bid security. Please confirm the date and time Precon's bid security was received, and its form and amount. Disputed Issues of Material Fact a. Whether Precon's Minimum Qualification Form omitted information required by Article 3.01.C, as revised by Addendum 1; b. Whether Precon's Bid Item 1 price conforms to Section 01220, 1.03.D and 1.03.G; c. Whether Precon submitted the Bid Form required by Articles 13.2 and 13.3; and d. Whether Precon's bid security was received by 2:00 p.m. (EDT) on October 9, 2026, as required by Article 8.01. NCMC relies on section 120.57(3), Florida Statutes, the Authority's adopted bid protest policies, and the ITB provisions cited above. Requested Action NCMC asks that the Authority: 1. Find Precon's bid non-responsive under Articles 3.01.C, 13.2, 13.3, and 19.1 and Section 01220; 2. Confirm the receipt time, form, and amount of Precon's bid security, and reject Precon's bid if the security was not received by 2:00 p.m. on October 9, 2026; 3. Give NCMC's good faith efforts due consideration under Article 19.7; 4. Stop the solicitation and contract award process, including any Notice of Award or Notice to Proceed to Precon, until this protest is resolved, as provided in section 120.57(3)(c), Florida Statutes; 5. Provide NCMC an opportunity to resolve this protest by mutual agreement under section 120.57(3)(d), Florida Statutes, and, if it is not resolved, a hearing; and 6. Award the contract to the lowest responsive and responsible bidder under Article 19.7. Please contact me with any questions. Sincerely a ___L___,_.:..../.1..,%______e‘ Ken Harrell Senior Project Manager/Estimator NCMC, LLC 352-427-9586 I ken@ncmc-llc.com Enclosures: A. Precon Minimum Qualification Form (Response Document Report, pp. 15-17) B. Precon Price Table (Response Document Report, pp. 10-11) C. Precon uploads and Bid Form pages submitted(Report, pp. 3, 5, 8-10, 21, 26) Page 3 IEXHIBIT A ITB#2025/2026-Al2 Mid Clay WRF GST No.3 Project Minimum Qualification Form Name of Company Precon Corporation Years in Business 45 Years Is the Company owned by another parent company? Yes / Eio Name of Parent Company: NA Similar Project#1 Project Name Design build for NW WTP GST Project Location(City, State) St. Augustine, FL Project Dates '' Notice To Proceed 3/17/24 Substantial Completion 3/17/25 Project Staff , t;ti Project Manager Name/Years of Experience Pat Wheeler, PE 34 years Superintendent Name/Years of Experience Alan Workman 40 years Quality Control Manager Name/Years of Experience Project Cost Initial Contract Value $2,309,900.00 Final Contract Value $2,320,407.00 Total Value of owner-initiated change orders Total Value of non-owner-initiated change orders $10,507.00 Project Description Facility n verage Dail-•Flow Rate Tank Capacity in Gallons 3.0 MG Description ofSimil r U„it Processes any Unforeseen CircumstancesNone Subcontractors (Company Names) Keller Describe below how Scope, Schedule, and Budget were met Project Reference Owner Name Kevin Ledbetter- St Johns CO Owner Address 1205 State Road, St Augustine,FL Owner Phone#and Email 904-209-2642 kedbetter@sjcfl.us EXHIBIT A Similar Project#2 Project Name DB Services SR 16 WRF GST Project Location(City, State) St. Augustine, FL Project Dates '' s Notice To Proceed 4/28/24 Substantial Completion 4/28/25 Project Staff Project Manager Name/Years of Experience _Pat Wheeler, PE 34 years Superintendent Name/Years of Experience Gary Sutton 18 years Quality Control Manager Name/Years of Experience Project Cost Initial Contract Value $2,552,600.00 Final Contract Value Total Value of owner-initiated change orders Total Value of non-owner-initiated change orders Project Description Facility verage Daily Flow Rate Tank Capacity in Gallons 2.0 MG Description any Unforeseen Circumstances Subcontractors(Company Names) Keller Describe below how Scope, Schedule, and Budget were met Project Reference Owner Name Kevin Ledbetter, St Johns Co Owner Address 1205 State Road, St Augustine, FL Owner Phone#and Email 904-209-2642 kledbetter@sjcfl.us IEXHIBIT A Similar Project#3 Project Name Walker County WTP Clearwell#3 Project Location(City, State) Chickamauga, GA Project Dates Notice To Proceed 8/3/25 Substantial Completion 7/29/26 Project Staff Project Manager Name/Years of Experience Joel Blitch,PE 10 years Superintendent Name/Years of Experience Tony Manie 38 years Quality Control Manager Name/Years of Experience Project Cost Initial Contract Value $5,434,000.00 Final Contract Value Total Value of owner-initiated change orders Total Value of non-owner-initiated change orders Project Description • • • ' Tank Capacity in Gallons 4.0 MG Description any Unforeseen Circumstances Subcontractors (Company Names) Rembco Describe below how Scope, Schedule, and Budget were met Project Reference Owner Name Brandon Whitley,Walker Co. WSA Philip Schofield, PE CTI Eng. Owner Address 4665 Happy Valley Rd., Flintstone, GA Chatanooga, TN Owner Phone#and Email 706-820-1455 423-267-7613 pchhofield@ctiengr.corn This document must be completed and returned with your Submittal. EXHIBIT B [PRECON TANKS] RESPONSE DOCUMENT REPORT ITB No. ITB No. 2025/2026-Al2 Mid-Clay Water Reclamation Facility (WRF) Ground Storage Tank (GST) No. 3 Confirmed HAS THE BIDDER BEEN IN BUSINESS FOR A MINIMUM OF THREE (3) YEARS AND THIS INFORMATION MUST BE VERIFIABLE ON HTTPS://DOS.MYFLORIDA.COM/SUNBIZ. PLEASE UPLOAD SUNBIZ REPORT.* Pass Sunbiz__Precon_Corporation.pdf DOES THE BIDDER HAVE A STATE OF FLORIDA GENERAL CONTRACTOR LICENSE, VERIFIABLE ON HTTP://WWW.MYFLORIDALICENSE.COM/DBPR/. PLEASE UPLOAD GC LICENSE.** Pass GC_License_Florida_2028.pdf THE BIDDER MUST HAVE PERFORMED SATISFACTORY WORK FOR A GOVERNMENT ENTITY IN FLORIDA IN THE LAST THREE (3) YEARS.* Pass Confirmed PRICE TABLES BASE BID Line Item Description Quantity Unit of Unit Cost Total Measure 1 Mobilization and Demobilization Minimum 3% - Max 5% 1 L.5. $5,000.00 $5,000.00 2 Environmental Protection 1 L.S. $5,000.00 $5,000.00 3 Construction of 750,000 Gallon Capacity GST 1 L.S. $1,447,000.00 $1,447,000.00 [PRECON TANKS] RESPONSE DOCUMENT REPORT Invitation For Bid -Mid-Clay Water Reclamation Facility(WRF) Ground Storage Tank(GST) No. 3 Page 10 IEXHIBIT B I [PRECON TANKS] RESPONSE DOCUMENT REPORT ITB No. ITB No. 2025/2026-Al2 Mid-Clay Water Reclamation Facility (WRF) Ground Storage Tank (GST) No. 3 Line Item Description Quantity Unit of Unit Cost Total Measure 4 Furnish and Install Yard Piping Modifications 1 L.S. $150,000.00 $150,000.00 5 Start-Up and Testing 1 L.S. $20,000.00 $20,000.00 6 Site Restoration 1 L.S. $20,000.00 $20,000.00 7 Record Drawings and Project Closeout 1 L.S. $5,000.00 $5,000.00 ALLOWANCES 1 Permit Allowance(6% Base Bid Price) 1 L.S. $99,120.00 $99,120.00 2 Contingency Allowance(10% Base Bid Price) 1 L.S. $165,200.00 $165,200.00 GEOTECHNICAL TANK SUBGRADE TESTING 3 Geotechnical Tank Subgrade Testing Allowance(ENTER$5,000.00 AS UNIT COST) 1 L.S. $5,000.00 $5,000.00 * Items not specifically listed in the form shall be included in one of the line items for a complete and operable project in accordance with these specifications. TOTAL $1,921,320.00 [PRECON TANKS] RESPONSE DOCUMENT REPORT Invitation For Bid -Mid-Clay Water Reclamation Facility(WRF) Ground Storage Tank(GST) No. 3 Page 11 l EXHIBIT C [PRECON TANKS] RESPONSE DOCUMENT REPORT ITB No. ITB No. 2025/2026-Al2 Mid-Clay Water Reclamation Facility (WRF) Ground Storage Tank (GST) No. 3 4. Business Entity Location* Pass In what U.S. State is your Business Entity located? (Ex. Florida) Florida 5. Federal Employer Identification Number (FEIN)* Pass (If the entity has no FEIN, include Social Security Number of the Authorized Representative certifying and/or signing this sworn statement) 59-2045133 6. Acknowledgement of Addenda* Pass Addenda_Acknowledge_=Precon.pdf 7. Conflict of Interest* Pass No CONFLICT OF INTEREST STATEMENT* Pass I hereby certify that no official or employee of the Clay County Utility Authority (Authority), a special district in the State of Florida, requiring the good or services described in these specifications has a material financial interest in this company. [PRECON TANKS] RESPONSE DOCUMENT REPORT Invitation For Bid -Mid-Clay Water Reclamation Facility(WRF) Ground Storage Tank(GST) No.3 Page 3 EXHIBIT C [PRECON TANKS] RESPONSE DOCUMENT REPORT ITB No. ITB No. 2025/2026-Al2 Mid-Clay Water Reclamation Facility (WRF) Ground Storage Tank (GST) No. 3 9. Confidential Materials* Pass Are any confidential materials included in this submittal? No 10. Litigation Disclosure* Pass Please download the below documents, complete, and upload. • LITIGATION DISCLOSURE FORM.pdf LITIGATION_DISCLOSURE_FORM.pdf 11. Non-Collusion Declaration* Pass A. This Declaration is made with the knowledge and intent that it is to be filed with the Clay County Utility Authority, Clay County, Florida and that it will be relied upon by said County, in any consideration which may give to and any action which it may take with respect to this Bid. B. The Authorized Representative is making this Declaration on behalf of above named company submitting this response the Authority. C. Neither the undersigned nor any other person, firm or corporation named in above Paragraph 2, nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the Authority, also that no head of any department or employee therein, or any officer of the Authority, is directly interested therein. D. This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 2 has not colluded, conspired, connived or agreed directly or indirectly with any bidder or person, firm or corporation, to put in a sham Bid, or that such other person, firm or corporation, shall refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, firm or corporation, to fix the prices of said proposal or proposals of any other bidder; and all statements contained in the proposal or proposals described above are true; [PRECON TANKS] RESPONSE DOCUMENT REPORT Invitation For Bid -Mid-Clay Water Reclamation Facility(WRF) Ground Storage Tank(GST) No.3 Page 5 EXHIBIT C [PRECON TANKS] RESPONSE DOCUMENT REPORT ITB No. ITB No. 2025/2026-Al2 Mid-Clay Water Reclamation Facility (WRF) Ground Storage Tank (GST) No. 3 Subject to the foregoing provisions and law applicable to confidential information, firm or organization shall keep and maintain public records required by the Authority, which is a public agency, in order for the firm or organization to perform services and the work required by the Scope, and upon request from the Authority's custodian of public records, firm or organization shall provide the Authority with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119.07, Florida Statutes, or as otherwise provided by law. The firm or organization shall require all its employees, sub vendors(s) and subcontractor(s) to comply with provisions of this paragraph. Confirmed 14. Required and/or Additional Documents* Pass Please Upload any additional required or relevant documents as part of your response to this solicitation here. -Bonding Capacity Certification -Contractor References/Minimum Qualifications -Listing of Major Subcontractors -Resumes/References of Project Manager or Project Superintendent or Field Supervisor -Form W-9 (Do not upload cost information in here) • Contractor Reference Minimu... • Listing of Major Subcontrac... • Bonding Capacity Certificat... • W-9.pdf W-9_Precon_Corporation_2026pdf.pdf [PRECON TANKS] RESPONSE DOCUMENT REPORT Invitation For Bid -Mid-Clay Water Reclamation Facility(WRF) Ground Storage Tank(GST) No.3 Page 8 IEXHIBIT C [PRECON TANKS] RESPONSE DOCUMENT REPORT ITB No. ITB No. 2025/2026-Al2 Mid-Clay Water Reclamation Facility (WRF) Ground Storage Tank (GST) No. 3 Precon__Qua lification_Form.pdf Bondi ng_Certification_Letter.pdf List_of major_Subs=_Precon.pdf PJW Resume_122016.doc Public_Entity_Crimes=_Precon.pdf Bidder_Insurability.pdf 15. Human Trafficking Affidavit* Pass Please download the below documents, complete, and upload. • CCUA Human Trafficking Affi. Human_trafficking_affidavit_=Precon.pdf 16. Purchase Order General Terms and Conditions Please read the document and confirm below that you have read the document. PO GENERAL TERMS AND CONDITIONS DOCUMENT- READ Pass Please read this document. • CCUA PO Terms (1).pdt PO Terms__Precon.pdf CONFIRMATION FOR PO GENERAL TERMS AND CONDITIONS* Pass By clicking the "Please confirm" box below, you agree that you have read and acknowledged the CCUA "Purchase Order General Terms and Conditions" Document. [PRECON TANKS] RESPONSE DOCUMENT REPORT Invitation For Bid - Mid-Clay Water Reclamation Facility(WRF) Ground Storage Tank(GST) No.3 Page 9 EXHIBIT C [PRECON TANKS] RESPONSE DOCUMENT REPORT ITB No. ITB No. 2025/2026-Al2 Mid-Clay Water Reclamation Facility (WRF) Ground Storage Tank (GST) No. 3 Confirmed HAS THE BIDDER BEEN IN BUSINESS FOR A MINIMUM OF THREE (3) YEARS AND THIS INFORMATION MUST BE VERIFIABLE ON HTTPS://DOS.MYFLORIDA.COM/SUNBIZ. PLEASE UPLOAD SUNBIZ REPORT.* Pass Sunbiz=_Precon_Corporation.pdf DOES THE BIDDER HAVE A STATE OF FLORIDA GENERAL CONTRACTOR LICENSE, VERIFIABLE ON HTTP://WWW.MYFLORIDALICENSE.COM/DBPR/. PLEASE UPLOAD GC LICENSE.** Pass GC_License_Florida_2028.pdf THE BIDDER MUST HAVE PERFORMED SATISFACTORY WORK FOR A GOVERNMENT ENTITY IN FLORIDA IN THE LAST THREE (3) YEARS.* Pass Confirmed PRICE TABLES BASE BID Line Item Description Quantity Unit of Unit Cost Total Measure 1 Mobilization and Demobilization 1 L.S. $5,000.00 $5,000.00 2 Environmental Protection 1 L.S. $5,000.00 $5,000.00 3 Construction of 750,000 Gallon Capacity GST 1 L.S. $1,447,000.00 $1,447,000.00 [PRECON TANKS] RESPONSE DOCUMENT REPORT Invitation For Bid - Mid-Clay Water Reclamation Facility(WRF) Ground Storage Tank(GST) No. 3 Page 10 I EXHIBIT C I JUST OF MAJOR SUBCONTRACTORS The Bidder expressly agrees that: 1. If awarded a Contract as a result of this Proposal,the major Subcontractors used in the prosecution of the work will be those listed below. 2. The following list includes all Subcontractors who will perform work in the amount of approximately$100,000 or more on this Contract. 3. The Subcontractors listed below are financially responsible and are qualified to perform the work required. Category Name of Subcontractor Address Site work& PBM Constructors 3000 Faye Road, piping Jacksonville,FL 32226 00300-6 Mid Clay GST#3 BID FORM August 2026 EXHIBIT C J Bidder's Insurability: The Bidder confirms that the Bidder has reviewed the current types, amounts, and requirements of insurance coverages included in the Contract Documents including, but not limited to, general liability, workers compensation, bodily injury, personal and advertising injury,property, builders'risk, installation floater,excess or umbrella liability, environmental pollution, waiver of subrogation, additional insured, etc. Bidder's current Workers Compensation and Employers Liability Insurance Information: Bidder's current Experience Rating: Bidder's current Experience Modification Factor: 0.6 The Bidder pledges that all such required coverages, types, requirements, and limits specified in the Contract Documents shall be provided within 15 days of the notice of intent to award or the AUTHORITY may consider Bidder to be in default and annul the Notice of Award and the Bi BPCI rit of th Bidder will be forfeited. Richard G. Moore, PE President 10/9/26 Bidder's Signature Date 00300-5 Mid Clay GST#3 BID FORM August 2026