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County upholds bid award, despite protest by competitor

February 7, 2023 By B.C. Manion

The Pasco County Commission has upheld the award of a three-year contract with Sunbelt Sod & Grading Company, for as-needed sod, despite a protest by a competitor.

The three-year award is for the amount of $1,755,000 — which works out to $585,000 for fiscal year 2023; $585,000 for fiscal year 2024; and $585,000 for fiscal year 2025.

The contract is retroactive to Oct. 1, 2022 and runs through Sept. 30, 2025.

The county had its bid opening on Aug. 2 and Sunbelt Sod & Grading Company, based in Hillsborough County, was the sole bidder.

After the bid was opened, the current contract holder, Megascapes Landscape & Maintenance, based in Pasco County, contacted the county’s purchasing department and said its bid would have been much lower.

The county’s purchasing staff subsequently issued a notice to reject all bids and notified Megascapes that it planned to bid out the work again.

But that decision was protested by Sunbelt, which argued it would be at a competitive disadvantage because its price had been revealed.

The county agreed and, as is permitted, negotiated with Sunbelt to achieve a lower price and a fixed price for three years.

Megascapes then protested the county’s decision not to re-bid the contract.

That protest was denied by County Administrator Mike Carballa, who determined Megascapes had no standing.

The county’s position is that it is bound to uphold the integrity of its process.

Next, the issue came to the county board for its consideration at its Jan. 24 meeting.

Charles Graham, representing Megascapes, acknowledged that he failed to submit a bid on the project. He said his company had intended to do so and had even calculated its bid amount, which would have been a reduction of its current contract amount.

“We totally missed it. Didn’t see it. Human error,” Graham said.

“I finally placed a call to the purchasing department and realized to my horror that three days earlier it had closed. We had fully intended to submit a bid.”

Commissioner Kathryn Starkey told Graham: “I think we have to be fair to everyone.

“As much as I would love to pay less money …  if you don’t bid, you don’t bid.”

Commissioner Seth Weightman agreed: “We have to uphold the integrity of this process.”

So did Commissioner Gary Bradford: “A mistake was made. They acknowledged it. A bid came in. The county played by the rules and I think that, because of that, we should support, uphold the decision by the county administrator.”

Published February 08, 2023

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