Board of Works awards courthouse demolition to CNE after low-bidder protest

The Elkhart City Board of Works voted to award the courthouse demolition contract (bid 2520) to CNE Excavating for $1,027,815 after receiving a formal protest from Woodruff Contracting and Sales.

Jim Woodruff of Woodruff Contracting and Sales told the board his firm is "the lowest and responsive responsible bidder" and said the company’s INDOT prequalification application was in process at the time of the bid. Woodruff said addenda removed submission language and that the contractor list used to evaluate prequalification "predates the bid requirements and the bid date," arguing that disqualification was improper and that his application was under review.

Jeff Schafer, city engineer, told the board the city received five bids and disqualified three for prequalification problems, including expired certificates. Schafer said prequalification is intended to confirm a contractor’s capacity and financial ability for underground and heavy projects and noted that requiring an active prequalification certificate is consistent with INDOT practice. He recommended awarding the work to CNE.

Legal staff indicated they had reviewed the positions presented and supported proceeding with the award. After discussion the board voted by voice to award the contract to CNE Excavating.

What happens next: the awarded contractor will proceed per the contract. Woodruff’s protest was accepted as a communication by the board and is part of the public record; the city cited active prequalification and legal review as the basis for the award.

Quotes: "our bid is the lowest and responsive responsible bidder," said Jim Woodruff. Jeff Schafer said the city "received 5 bids" and emphasized the importance of an "active, prequalification" certificate.

Ending: The board approved the award by voice vote; staff will proceed with contract execution and the award stands pending any further formal legal actions that may arise from the protest.