Bid protest halts important work at port

An ongoing discrepancy in how the bid for vibracompaction at Port MacKenzie was handled has resulted in a cancellation of all bids for the project. The cancellation by the Mat-Su Borough means vibracompaction at the port will not be completed until next year.

The project would have completed key solidification steps deemed necessary earlier this year by the U.S. Army Corps of Engineers. The Corps, after several months of reviewing the process of construction at the port, said the vibracompaction would stabilize the port and ensure its ability to withstand a strong earthquake.

Several bids were received by the borough, and Maryland-based construction company Hayward Baker was the lowest bidder, bidding just over $600,000. Borough administration notified the other bidders of the award, and a bid protest was launched by Anchorage-based Swalling Construction Company.

According to information from the borough manager's report, Swalling believed Hayward Baker's bid should have been disqualified because the company's business and general contractor's licenses were not included with the bid. Those documents were, however, supplied after they were requested by borough staff.

Taking the stance that the missing documents were a "minor informality or irregularity" that was able to be remedied without being prejudicial to other bidders, Borough Manager John Duffy denied Swalling's bid protest.

In turn, Swalling appealed Duffy's decision, meaning that the 10-member bid review panel must be convened, a process Duffy estimated may take three to four weeks. At the beginning of the month, there were seven vacancies on the board, which must be filled before the panel can convene. As a result of a quickly dwindling construction season, Duffy canceled all bids with an eye to the next construction season.

"We will rebid the work next year and possibly modify the scope of work in the spring of next year," Duffy wrote in his Sept. 3 manager's report.

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