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Assistant City Solicitor responding to #206959, deeming Newport Construction and Northern Tree to be not considered responsible bidders or offerors for 5 years.
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Dear Honorable Council Members:
Following up on the above-referenced board order, the Public Utilities and Public Works Committee requested follow-up opinion to the opinion sent by Attorney Jason Grossfield on May 4, 2018. In that letter, Attorney Grossfield stated that the City is able to review whether a potential bidder is “responsible” and that review may include past performance. The follow up question is whether the administration may lawfully “deem Newport Construction and Northern Tree to be considered ‘not responsible bidders or offerors’ for five years, reflecting their performance on the Beacon St Reconstruction.”
In my opinion, the administration may not lawfully declare these two companies automatically “not responsible”, as there is no local process for doing so. However, in my opinion, the City may lawfully consider these two companies’ past performance on Beacon Street, along with other relevant facts, when deciding whether or not they are responsible bidders for contracts on a case by case basis. The administration may continue to do so for as long as it reasonably deems relevant.
Please contact me if you have additional questions.
Sincerely,
Hannah Pappenheim
Assistant City Solicitor