Wednesday, October 31, 2012

About the Bid Protest by Boinis trying to get his proposal put back into the mix for the running of the new Deerfield Beach Pier Restaurant.

  At Monday’s special Deerfield Beach Commission meeting Pete Boinis’ lawyer tried to convince the commissioners that it didn’t make any difference that there was no letter from a bank in his proposal stating that the bank would issue a letter of credit.  He tried to make the request for that letter seem irrelevant, and he did it with a PowerPoint presentation and hammering away at all the “stuff” he did have in the RFP and how, even though the RFP clearly called for a letter, it really didn’t matter that his client hadn’t included one. 
David Santucci, Purchasing Manager for Deerfield Beach was masterful in his rebuttal, he left no room for argument that Boinis’s proposal was in error and incomplete, and therefore had to be thrown out.  The rules gave the city no choice. 

He not only explained the process the staff went through vetting the proposals, but read portions of the minutes of the pre-proposal meeting.  He read over and over how the restaurant representatives were told what must be in the RFP.  The letter was mentioned many times, and as a wrap up he read the warnings from Andy Maurodis, city attorney, to all present that each item called for must be included, that it is up to the respondent to look through the proposal for the items and include them even if they were not touched on in the meeting. 

During Santucci’s presentation, both Boinis and his lawyer looked dismayed as well they might.  However, there was a court reporter there typing away to have a record of the hearing which is needed if there is going to be a suit against the city.  So, this may not be over. I hope he decides that he has no chance and won’t sue, as he has cost the city enough money.

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