request for proposals (rfp) no. 274276: on-demand ... -...

SUBMITTED INTO THE PUBLIC RECORD FOR ITEM RE.S ON a(9/Id- .

REQUEST FOR PROPOSALS (RFP) NO. 274276:

ON-DEMAND TRANSPORTATION SERVICES

Resolution of

Formal Protest of Award submitted by:

Action Community Center, Inc. (Action)

.. SUBMITTED INTO THE PUBLIC RECORD FOR ITEMf1[,~ ON 2/'1/;2- •

Legislative History, November 18, 2010:

Resolution 10-0506

One-year bid waiver contract granted to Action for On-Demand Transportation Services

=i -0 en . Revised on the floor: ~ 55 a31) To remove four, one-year renewal options ~ c:: ~ fTJ(")-=. --i,~ ;:c --~ . m n'1 00 0 2) Requiring that these services be 0

zoo Z ~AJ~ competitively.procured thereafter ~oo :::::-,,~ N O:J.: a ;0 m

Evaluation Commi·ttee Members for RFP 274276:

1) Lillian Blondet, D.irector, Grants Administration, City of Miami (Committee Chair)

. . .'

2) Doug Berm~dez, Manager, Miami-Dade Transit

3) Irene Ballart, Senior Family Support Coordinator, Co.mmunity Committee for

Developmental Handicaps' . . . ..•.. '" '. . . SUBMITTED INTO THE

. PUBLIC RECORD FOR ITEM p>[". 7 ON z!q!lz

.. II Q

Evaluation Committee Meeting Tuesday,August09,2011

~ 0... m::s-m > W

PROPOSERS

EXPERIENCE AND KEY

PERSONNEL FINANCIAL

CAPABILITY EQUIPMENT AND

FACILITY

SERVICE PLAN AND

CAPABILITY PROGRAMS AND PLANS

FEES FOR SERVICES

TOTAL POINTS

100.12 10 16 30 12 20..

Q)t:: t:12 0)r co-CD

ActionCommunity Center Inc.

11 7 14 20 10 20 82

Tn:mspol'tation America, Inc.

'10 • 15 ;)0 'i 1 18

N Q)

0)"'0 :::l :::l o E o "

Q)

CD


8 6 10 20 8 15 67

87Tr~.nsport~tion

AmericZl, Inc, '10 8 14 26 11 18

-t: Q) m"O = c:=0..,J

CD


7 4 12 22 9 15 69

Transportation America, Inc.

11 8 16 26 11 16 SS

Grand Total: Rank:

SUBMITTED INTO THE PUBLIC RECORD FOR ITEM F?£,~ ON 2/9/12 •

Evaluation Committee Meeting Tuesday, August 09, 2011

en... 0-RS ::l-RS > w

PROPOSERS

EXPERIENCE AND KEY

PERSONNEL FINANCIAL

CAPABILITY EQUIPMENT AND

FACILITY

SERVICE PLAN AND

CAPABILITY PROl3RAMS AND PLANS

FEES FOR SERVICES

12 10 16 30 12 20

<1>1: c.!!! Q)..... <tI-CD

ActionCommun ity Center Inc.

2 2 2 2 2 '1

If'.ltlsportation AmericZl. Inc.

1 '1 1 1 'I 2

N Q)

0)"0 :J :J o Eo '

Q) aJ

ActionCommun ity Center Inc. ~ 2 2 2 2 2

Tr~n$portatil)n

Americ;), Inc. 1 'l 1 'I 1 '1

... t: <ll rn"O =C=0 -I -CD

ActionCommun ity Center Inc.

2 2 2 2 2 2

Tr'.lllSpOf1.:ltion P"meric4l, Inc.

"1 'I 1 1 'I 'j

Grand Total: Rank:

Action 218 2 TrnnSpOtiatiot1 271 '1 SUBMITTED INTO THE

PUBLIC RECORD FOR ITEMH[.? ON z!q!IZ .

......·-g'c·q=-tt n

SUB~AITTED INTO THE PUBLIC RECORD FOR ITEM (.1[.5" ON z/?t1z a

Burden of Proof:

Code Section 18''104(a)(2)c.: .

liThe written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is

based, and shall include all pertinent documents and evidence femphasis added] and shall be accompanied by the required filing fee as provided in

subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or

evidence not contained in the protestor's submission [emphasis added]

to the chief procurement officer at the time of filing the protest shall be 'permitted in the consfderation of the written protest."

SUSfv11TTED INTO THE

Protest Contention #1 and Contention #5, Item #4: ITEM R~·5 ON 2/?k a

"The City of Miami and the Selection Committee failed to follow the local preference provisions of the City Charter and the City procurement code."

Protest Contention #2:

"The City of Miami and th~ Selection Committee failed to accurately evaluate the price provisions of the competing proposals to the disadvantage of Action Community Center, Inc.", .,

. I....

-Per Section 18-86{a): RFP,"award [is] made not principally on the basis of price".

-Fees for Services was allocated 60 out of 300 evaluation points (20%)~ ,

oThe Evaluation Committee awarded Action a total of 50 out of 60 maximum points and TA a total of 52 out of60 maximum points.

PUBLIC RECORD FOR ITEM 11[6'" ON Z/Q/12 D

SUBMITTED INTO THE

Transportation America Action Community Center

Initial Contract Year $ 249,856.61 $ 252,000

Renewal Option 1 $ 256,103.02 $ 252,000

Renewal Option 2 $ 262,505.60 $ 266,000

Renewal Option 3 :$ 269,068.24 $ 266,000

Renewal Option 4 $ 275,794.95 $ 266,000

Total $ 1,313,328.42 $ 1,302,000


. .

"The City of Miami and the Selection Committee inaccurately portrayed and assessed the financial strength of Action Community Center and Transportation America, Inc."

, .: . . . . . .

cFinancial Capability was allocated 30 out of 300 evaluation points (10%).

cit is a fact that Action's proposal contained a copy of their 2010 Form 990 Income Tax Return.

-PUBLIC RECORD FOR . ITEM RE.? ON 219112 a

Unrestricted net assets . . . . .',. Temporarily restricted net assets. . . . •.

, Permanently restricted net assets. . . . : . Organizations that do not follow SFAS 117 t check here'" 0 and complete lines 30 through 34.

Capital sloel, or trust principal, or currentfunds .' '. . . . . Paid-in or capital surplus, or land, building, or equipment fund . Retained earnings, endowment, accumulated income, or other funds . Total net assets or fund balances. . . . :. Total liabilities and net assets/fund balances: . 10,258

Action Community Center IRS 2010 Form 9'90: '

Action formally reported lossesto theiRS of $19,934 for the 2010 filing year and $10,374 for the 2009 filing year.

Organizations that fonow SFAS 117, .,ng.~ ...

lines 21 through .29, and lines 33 and 34.

t 30 In 31 f/)

<C 32 .... 13.1 33z

34,

Form 990 (2010)

SUBMfTTE'b INTO THE PUBLIC RECORD FOR ITEMR[.5 ON 21qltz .,


"The City of Miami and the Selection Committee inaccurately portrayed and assessed the financial strength of Action Community Center and Transportation America, Inc."

SUBMITTED INTO THE PUBLIC RECORD FOR ITEM ~[.5 ON 2/1;/2 .

Transportation America Audited Financial Statement Statement of Cash Flows Year Ended December31,2009!

Cash flows from operating activities Net Income $ Adjustments to reconcile net income to net cash

Provided by operating activities: Net decrease in investment in ATS

Net cash provided by operating activities

Cash flows from financjng activities: Distributions

Net cash (used) by financing activities

122,284

1,039,242

(1,039,748)

(1,039,748)

. 7452Cash, beginning of year .. ,

Cash, end of year SUBMITTED INT<YTf1E'* $ ===-~6~,94~6 PUBLIC RECORD FOR ITEM ~[? ON 2/~;/z .


"The City of Miami and the Selection Committee failed to consider how certain factors in the pricing of the Transportation America, Inc., proposal work to the disadvantage of elderly and especially handicapped riders."

-Action also alleges that: 1) the City and TA will place an undue burden on nonambulatory passengers; and 2) TA is going to charge and collect an additional fee to its clients over and above its bid price~

eSection 3.2.1 of the RFP, Scope of Work, IntroductionlBackground, states: "The City will reimburse the selected Proposer for the cost of each eligible Trip"

9The RFP line items state that the rates for both ambulatory and non-ambulatory trips are Uflat rates" which ushall include full compensation for labor, equipment use, travel time and any other cost to the bidder."

SUBMITTED INTO THE

Protest Contention #4 (cont.):

"The City of Miami and the Selection Committee failed to consider how certain factors in the pricing of the Transportation America, Inc., proposal work to the disadvantage of elderly and especially handicapped riders."

PUBLIC RECORD FOR ITEMf1[? ON zlr!/z.

, Evaluation Committee Meeting Sign-in Sheet:

" ;SIGN-IN SHEET

t"

~UGUST 9. 2011 , ; 9:00 A.M.

:ON-DEMAND TRANSPORTATION SERVICES

EVALUATION COMMITTEE MEETING- RFP 274276 MIAMI RIVERSIDE CaNTER, 444 SW 2tl:l'A.VENUE, 10m FLOOR MAIN CONFERENCE ROOM, MIAMI. FL

:NAME OF FIRM CONTACT PERSON '.l ' PHONE It FAX #' E-MAIL

, ,

SUBMITTED INTO THE PUBLIC RECORD FOR ITEM R[.5" ON, 21f'~z ' .

SUBMITTED INTO THE RProtest Contention #5:

ITEM ~£ ~ ON 2 /9; "Transportation America,ilnc., may not be the real owner of the assets it claims as part of its bid proposal and may have made other misrepresentations or mistakes in its bid."

Item #1, #7 and #9: TA is not itself in the regular business of providing transportation services. TA is a broker or "shell" corporation. ATS is a separate, distinct corporation independent of TA whose sole purpose is to manage the members' interest in ATS.

·Per the Dunn & Bradstreet Reportattached to Action's Protest, TA's line of business is defined as a "local trucking operator". RFP 274276 is for on-demand transportation services.

o"Transportation" is defined as "the business of conveying passengers or goods."

6lTA's business experience, therefore, is appropriately (:ategorized as a transportation service provider..

ThIs

Articles of Incorporation for Transportation America, Inc.:

SUBMITTED INTO THE 000074374 ~ PUBLIC RECORD FOR

ITEM R[,?ON 21?//,2 G

The undersigned incorporot'orls); for the porposeof forming 0 corporation unde' the, floddo Generol

. Corporation ACt. hereby odopt(s) the following "dic'as of inCOfpOtafton.' ..

~BnCLE I ~AMe -"'1'":: .J. I' A . "'r The name of the corporoHonshoU be: t ~$P'#-U~'Tr"() 4'I1flbCA, J-,.J(;, . The priru::ipQI place Qf bOline's of this corporation sholl be; J7(Q ~ L 3~/lj'7

6RIfCkE II NATURE"OE lUSlNEU cOfporoUonmoy e,ngoge in or tron't'lct any. or al

lawful activitiE!! or business permHted under the laws of .-he UnUe,d States, the Sfohl of florida, 'or anv other stote'~ country. terrl'ory Ot notion.

607~0302, F.So: General powers every corporation has .. 0 the000

same powers as an individual to do all things necessary or convenient to carry out its business and affairs

(7) To make contracts of guaranty and suretyship which are necessary or convenient to the conduct, promotion, or attainment of the businessofa corporation the majority of the .outstanding stock of which is owned, directly or indirectly, by the contracting corporation;

Note 2 -Investnlent in Advanced Transportation Solutions, LLC .

The Company owns 58.38% of the outstanding member's interest in ATS. The investment balance agrees to the member's equity interest inA TS.

SUBMITTED INTO THE .PUBLIC RECORD FOR ITEM f1£. ff ON 2/q/;2 I

SUBMITTED INTO THE

Protest Contention #5 (Items #2 and #9):

Action questions the wisdom and legality of allowing TA to use dedicated assets of another firm as its own.

Transportation America's Affiliated Companies I Sub-contractors:

Advanced Transportation Solutions, Inc. (Transportation America's Paratransit Division)

MCT Express d/b/a Miami-Dade Ambulance Service (Transportation America's Urgent and Non-Urgent Ambulance Division)

,

Medical Care Transportation •(Transportation America's Non-Emergency Transportation Division)

Super Nice Limo (Transportation America's Executive Transportation Division)

Super Nice STS (Transportation America's Paratransit Service Provider Division)

Miami-Dade Taxi (Transportation America's Taxi.Transportation Division)

American Shuttle (Transport.ation America's. Ground Transportation Division)

SUB~1ITTED INTO THE PUBLIC RECORD FOR

:

Protest Contention #5 (Item #3): iTEM /?C!J ON z/~/l:Z. ·

TA's use of assets that are legally committed to anothercontract may be a violation of the terms and conditions associated with the contract between Miami-Dade County and ATS.

eOn July 18,2011, TA formally certified and agreed to abide by all terms and conditions of RFP 274276.

·How t A manages their assets wit:h respect to TA'scontractualobligations outside of RFP 274276 is not within the control of the City.,

"Upon contract award, TA"wili assess all asset commitments with regard to both contracts and make asset allocation' adjustments as necessary. This is no different than when any other company wins: a new contract.

SUBMITTED INTO THE ~----------~--------~~~~~R Protest Contention #5 (Item #5):

iTEM 6£.? ON 2/'11> TA's proposal is in violation of their certification that their proposaJ44is in all respects fair and without collusion or fraud".

Protest Contention #5 (Item #6):

Action alleges that TA "may possibly" violate RFP General Condition 1.22, Conflict of Interest. .' . ". '. I

~ . . .. ' ','. .' •. . .

. .

-Action makes this allegation without providing any pertinent documentation or supporting evidence, nor do they identify with whom a potential conflict(s) may exist.

-During the Evaluation Committee meeting, all voting nlembers are required to certify formally on the record that they have neither an actual nor perceived conflict of interest with the proposers. All members did so on August 9, 2011.

eOn July 18, 2011, TA formally certified and agreed to abide by all ternlS and conditions of RFP 274276. Action cannot and has not supported this claim.

SUBMITTED INTO THE PUBLIC RECORD FOR .~TEr\~ f?E· 5 ON 2/f/;;' Q

Protest Contention #5 (Item #8):

TA cannot comply with RFP Special Condition 2.14, Primary--'Uent., due to ATS's existing contract with Miami-Dade County.

2.14. PRIMARY CLIENT (FIRST PRIORITY)

The successful biddeds)/proposer(s) agree UpOIl award of this contract that the City uf fvliallli shall hp its primary clienl and shall be serviced first during a schedule conflict arising bet\veen this conlract and any other COlHracl stlccessful bidder(s)/propos(~r{s) lllay hav(' with any other citi(~s aml/or cOlillties to perform similar services as a result or allY catastrolJhk events such as tornadoes, hurricanes. SeV(:>OH' storms or allY other public eIHPrgency impactmg variollsareas during or approximately the same time.

E PUBLIC RECORD F R ITEM R[,5 =ON .lIe?~ .

Action's Requests for Relief:

In response to Action's Protest, the City of Miami has:

1: Investigated each claim presented in the Protest.

2: Further evaluated the proposal submitted by T A and has determined that TA, as prime proposer and a transportation service provider that meets the RFP minimum qualification requirements identified in Section 2.6, is coordinating the services of seven sub-contractors to perform the required services identified in RFP 274276.. This is specifically contemplated and authorized in the RFP documents.

3= Determined that T A is a transportation service provider that meets the RFP minimum qualification requirements.

4: Determined that TA's proposal is compliant with the terms and conditions of the RFP.

SUBMITTED INTO T E ~----------~--------~~~~~R

fTEr\~,_~[ ~,_,.ON.=~/'[(t<stH'.

SUBMITTED INTO THE

Action's Requests for Relief (cont.):

SUBMITTED INTO THE

Conclusion:

.'

.. SUBMITTED INTO THE

Recommendation:

. .

-Deny/reject the protest of Action Community Center and uphold the City Manager's Recommendation of Award Memorandum dated August 10, 2011, and signed by the City Manager on August 16, 2011.·

oThe City, by and through its Department of Capital Improvements, stands by its recomnlendatioil to enter into contract negotiations with the top ranked firm, Transportation America, Inc., for On-Demand Transportation Services.

°The City of Mia~i's Chief Procurement Officer, City Attorney and City Manager all collectively agreed with this recommendation both from a legal and procurement perspective on November 23, 2011.

SUBMITTED INTO THE PUBLIC RECORD FOR ITEM.E&ff~ON~!~~~

request for proposals (rfp) no. 274276: on-demand ... -...

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