MIKE ESPY PLLC
ALPHONSO MICHAEL ESPY
April 25, 2016
VIA HAND DELIVERY
Hon. Terry S. Williamson
Consent Decree Manager
Counsel to Department of Public Works
City of Jackson
200 President Street
Jackson, MS 39205
Re: PROTEST OF BEST PROPOSAL DETERMINATION ON CITY
PROJECT NO. 15B0500901 (BIOSOLIDS SCREENING, LOADING,
TRANSPORTATION, AND DISPOSAL)
Dear Mr. Williamson;
Please be advised that I represent UCI-LAA, LLC, one of the proposers on the
City of Jackson Project No. 150500901, as further described above. UCI-LAA,
LLC, has received your April 18, 2016 letter stating that the proposal of PSI-GA,
LLC “was determined to be the best proposal” received by the City for this,
Project.
Respectfully, UCI-LAA, LLC hereby protests that determination for the following
reasons:
1. The bid price of UCI-LAA was more than Seven Hundred Fifty Two
‘Thousand Dollars ($752,000.00) lower than the price submitted by PSI-
GA Trucking, LLC. This represented the lowest bid of any of the four
submitted on this project. Although it is understood that the lowest bid is
not necessarily always the “best bid”, we believe that UCI-LAA’s proposal
is otherwise technically proficient, and it’s EBO component is exemplary;
2. The bid documents included a Legal Notice that required every bidder to
submit a completed and signed Equal Business Opportunity (EBO) Plan
with its bid submission. This Notice required the EBO Plan of each bidder
to be “in accordance with the provisions of the City of Jackson's EBO
Executive Order.” Importantly, it also provided that “failure to comply
with the City's Executive Order shall disqualify a contractor, bidder, or
offeror from being awarded an eligible contract.” Our research indicates
that “GA Trucking,” the joint venture company (with PSI), identified as
#2 in the ranking of Proposal Price announced by the City of Jackson,
does not appear in city records as a certified FBE. After diligent effort, we
have found a registration for “GA Transport”, a white female ownedALPHONSO MICHAEL ESPY
company, located in Philadelphia, MS. Noting this discrepancy, we would
request that the Division of Equal Business Opportunity, City of Jackson,
confirm that these entities are one in the same;
3. The UCI-LAA, LLC proposal has demonstrated a firm, serious and over-
arching commitment towards compliance with the City of Jackson's
contracting goals and mandates. It’s EBO Plan promises a 57%
participation to the African-American Joint Venture Partner, Lee Allen and
Associates, (Claude Banks, Canton, MS); a 1% participation to another
African-American owned business, Civil Tech Engineering of Jackson,
MS; a 2% participation to Hispanic vendor, 3J Dirtwork of Utica, MS.,
and a 5% participation to a FBE, Echelon Enterprises (Rhonda Varner of
Ridgeland, MS). The prime contractor, UCI (Terry Lovelace), is a local
contractor who has done business in and with the City of Jackson since
1983, and has made his home in Jackson since 1956. All of the African
American, Hispanic, and Female Owned businesses identified in the UCI-
LAA proposal are either located in Jackson or in the Jackson Metropolitan
area,
It appears clear, therefore, that the “best proposal”, as preliminarily determined
by the Project Evaluation Committee, advanced a price that was more than Three-
Quarters of a Million Dollars higher (752,000.00) than the price of UCI-LAA,
and that the minority participation of UCI-LAA, LLC, at Sixty-Five Percent
(65%) is significantly higher, more racially balanced, and more locally oriented
than the minority participation plan as offered by PSI-GA, LLC characterized by
the Evaluation Committee as the “best proposal.”
For these reasons, and perhaps for others which we reserve the right to
enunciate after our review of documents produced pursuant to our FOIA, UCI-
LAA hereby protests the “best proposal” designation by the Evaluation
Committee, and requests that any subsequent and ongoing negotiations with PSI-
GA, LLC be suspended.
Respectfully,
ike Esp)
Counsel for UGHEAATTLC
cc: Gus McCoy, Chief Administrative Officer, City of Jackson
Kisha Powell, Director, Department of Public Works.
All Members of the Jackson City Council