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“The subject RFP is for the design build of a $40 million complex project; as such, the RFP required bidders to
demonstrate evidence of completed projects of “similar Scope and Size”. The evidence that the recommended bidder demonstrated consists of only 4 projects, ranging in size from $2 million to $15.6 million, well below this proposed project of $40 million. Compare this with the lowest bidder’s (MCM) list of multiple projects, which include 2 design build projects along with other projects, one for over $50 million and another for over $150 million.
“The State of Florida and the affected County governments provide an important part
of the SFRTA funding. There has been much debate over the years about how the SFRTA can best be operated and administered to ensure optimum protection of the taxpayer investment in the SFRTA and its critical mission. As watchdogs of public tax dollars, elected officials need to have a level of confidence that the SFRTA is well run and that the awarding of discretionary contracts, such as this $40 million project, are carried out with the highest degree of integrity, professionalism, fairness and in a way that protects the public interest.
“We urge your attention to the matters addressed herein and suggest that at a minimum you have the Evaluation Committee reconsider and issue reasoned rankings, after having verified the facts and heard oral presentations by the bidders.
“Thank you for your consideration of this request.
One can’t help but wonder how many times Sen. Flores has gone out of her way to 
write such a nice letter for a construction company in a bid dispute. And if it has anything to do with the thousands of dollars that MCM contributes to her campaign and her PACs and her own rumored ambitions to run for the county commission seat that will eventually be vacated by Commissioner Javier Souto.
The insiders at Gulf Building may have also noticed how, um, insistent Flores is on the matter, and William Sherer immediately wrote a cease and desist type letter back to the 305 legislators, who he accused of “a conspiracy to defame” his firm while lobbying improperly for the competition. Scherer’s letters Thursday — he also wrote one to Munilla advising him of the intention to sue — were published entirely by The Miami Herald.
“My firm represents Gulf Building LLC, the winning bidder in the above referenced RFP. We have been provided with a copy of your letter of December 1, 2014 to the SFRTA board members. Attached hereto is a copy of our letter to Mr. Munilla of MCM advising him that we are going to be seeking damages against MCM and him for defamation per se toward
“Your letter now implicates each of you in a conspiracy to defame Gulf Building. Your actions are clearly as lobbyists for MCM in an effort to support MCM’s bid. You have made defamatory statements against Gulf Building that you could possibly not have verified for their truthfulness before sending your letter. This malicious lobbying behavior in the guise of your elected official capacity makes you personally liable as co-conspirators.
“Also, your communications are in violation of the cone of silence and are in violation of Florida’s laws related to improper communications in a public bidding process. Your violation of these laws will also be pursued as part of the damages claims against you and MCM for conspiracy to defame.”
“Withdraw your letters immediately. Govern yourself accordingly.”
In a written statement of response, Diaz told the Herald’s Marc Caputo that “that letter is ludicrous. I’m not lobbying for anyone. I don’t even know any of the parties involved but I strongly believe the board should guard taxpayer dollars.”
It will be interesting to see what happens at the regional authority meeting Friday. Especially since MCM has made a habit of bid protests that get them government reversals on juicy contracts.
Maybe bid protests have just become an expected and planned-for step in the process.
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Pot calls kettle black in Tri-Rail bid protest by MCM’s Munilla added by Ladra on
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