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Moore&VanAilen <br /> <br />Via Federal Express <br />July 11, 2001 <br /> <br />Cabarrus County <br />County Governmental Building, Room 230 <br />65 Church Street <br />Concord, NC 28025 <br /> <br />William H. Gammon <br />Attorney at Law <br /> <br />T 919821 6252 <br />F 519 835 6552 <br />billgam mon@ mvalaw, com <br /> <br />Moore & Van Allen PLLC <br /> <br />Suite 1700 <br />One Hannover Square <br />Post Office Box 26507 <br />Raleigh, NC 27611-6507 <br /> <br />Re: Project No. ODA 001476, Cabarrus County Exposition Park <br /> Bid Protest - Notice <br /> <br />Dear Sirs: <br /> <br />This firm represents the Charlotte office of Beers Construction Group, Inc. ("Beers") regarding its <br />bids on the solicitation for the construction of the Cabarrus County Exposition Park, Project No. <br />ODA 001476 (the "Solicitation"). Cabarrus County (the "County") received and opened the bids <br />under the Solicitation yesterday afternoon. The County then rejected the bids of Beers. In doing so, <br />the County violated the provisions of the Solicitation and certain portions of the North Carolina <br />General Statutes. Accordingly, Beers provides this Notice of Protest to the award of a contract under <br />the Solicitation to any bidder other than Beers. <br /> <br />Background <br /> <br />Beers obtained a copy of the Bid Documents, and spent substantial time and company resources in <br />preparing a bid in response to the Solicitation. Beers delivered its multi-prime bid to the bid <br />depository at 1:57 PM (three minutes before the closing time of 2:00 PM). As a result of the County <br />having an inaccurate clock at the bid depository, the County declared that the Beers' bid (and two <br />other multi-prime bids) were late and unacceptable. Beers' representatives met with representatives <br />of the County at approximately 2:30 PM to discuss the incorrect clock issue. Without providing a <br />final resolution to that issue, the County improperly refused to return the Beers' bid. <br /> <br />Beers then determined that, in an effort to salvage some of its bid preparation work, it would submit <br />a single-prime bid. When Beers returned in a timely fashion to the bid depository prior to 3:00 PM <br />to deliver its single-prime bid, a County representative, while somewhat flustered, accepted the bid. <br />In doing so, the County led Beers to believe that the County would take certain actions. Namely, <br />the County representative would remove the bid security from the improperly retained multi-prime <br />bid, would place that security in the single-prime bid, would then close the bid document, and finally <br /> <br />RALI~96162_I <br /> <br />Charlotte, NC <br />Durham, NC <br />Charleston, SC <br /> <br /> <br />