COX Communications Not Bidding on Escambia's Broadband Re-Solicitation

 Late last week COX Communications sent the below letter to the county.  Late this afternoon, as the solicitation is now closed, staff has forwarded this letter and information to the commissioners.  

After filing a bid protest over the county's selection of EREC last month for the county's broadband  project,  and after the county decided to re-solicit the project and put it out for bid a second time--COX has now officially bowed-out and will not be bidding on this project.  

They (COX) gave their reasoning in their letter to the purchasing director --- which I am posting below.

COX Communications Files a Bid Protest on the BCC's Broadband Selection

Late yesterday afternoon COX Communications filed a formal bid protest regarding last Monday's decision by the board to move forward with EREC's proposal for phase one of the county's Broadband

construction in the north end of the county.

The nine page document from the Gunster Law Firm on behalf of COX lists multiple reasons why COX and Gunster believe the decision made Monday by board vote  should not only be walked back by the board, but that the Board should also, affirmatively and  unilaterally reverse course and AWARD the project to COX.

From the firm's letter of 11-30-2022:

"The County is obligated to provide Cox recourse following the County’s materially extensive RFP revision and arbitrary blackout suspension for only a select two of the shortlisted proposers. If the County persists in awarding EREC the RFP and fails to invoke the discretion the County’s Purchasing Ordinances provide, Cox will be unfairly and inequitably excluded from consideration despite having submitted a technically sound proposal covering the entire service area requested. Allowing such a deviation from standard procurement procedure to stand taints the entire RFP process the County has established.  Therefore, the City must uphold Cox’s protest and award it the contract pursuant to the RFP."

Much more to come on this.  I will publish the full document once the county attorney agrees with me that this is a public record which can be released.  I believe it is, but am awaiting her confirmation before I release it.

Read it, below

BCC's Jail Bid Award to be Protested....

The bid award for construction of Escambia County's new jail has been informally protested-- meaning the decision to ratify the board's action at last Thursday's COW will be stayed pending the completion of this protest process.  Step one is informal, with the director of purchasing and relevant staff hearing the facts of the case and the director of purchasing making a preliminary determination.  If the protest is dismissed at this level, step two (if the challenger wishes to appeal) involves hiring a special master to hear the case, with the special master's decision being brought to the BCC for their consideration/action at the next regularly scheduled meeting.  The BCC action on the special master's decision is the final step in the process, unless the losing party wishes to take the matter to circuit court--which is an option available after the BCC's process is completed.

Here is the email from the director of purchasing announcing the protest....

Notice of the meeting tomorrow (open to the public) is here...

Here is the email from Yates Construction protesting the bid award...