Review of Detroit Land Bank's Bid Selection Process Relating to Hardest Hit Funds

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    M E M O R A N D U M

    TO: Carrie Lewand-Monroe, Acting Executive Director

    Detroit Land Bank

    FROM: Mary Townley, Director of Homeownership

    Michigan State Housing Development Authority

    DATE: October 26, 2015 

    RE: Review of Detroit Land Bank’s Bid Selection Process Relating to

    Hardest Hit Funds

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    Detroit Land Bank Bid Process Analysis

    Overview

    On October 14 and 15, 2015, Roxy Eaton, Blight Elimination Team Lead, Marissa Hendee,

    Compliance Officer, and Tonya Young, Community Development Program Manager, performed an

    on-site review of the Detroit Land Bank’s bidding process. While on-site we worked with James

    Wright, Deputy Director, Detroit Building Authority, Tom Ouvry, Consultant, Detroit Building

    Authority, and Martha H. Delgado, Compliance Grant Manager, Detroit Land Bank Authority. The

    Detroit Land Bank (DLB) provided the list of all bids from the first and second round of Hardest Hit

    (HH) funds. The list noted 97 total bids (removing deconstruction or “decon”), and showed that the

    lowest bid was selected 56 times (58%) while 41 were not the lowest bid (42%). Broken down by

    funding round, within the first round of HH funds, the lowest bid was selected 55% (36/66) of the

    time. In the second round of HHF, the lowest bid was selected 65% of the time (20/31).

    For our analysis, we reviewed all bids selected that were not the lowest bid (41) and a sample of

    what the DLB self-reported as the lowest bid selected. For example, for HHF3a, HHF3b, HHF3c,

    HHF3a was noted as the low bid selected while HHF3b and HHF3c the low bid was not selected. So

    within this section, HHF3a was reviewed to ensure it was the low bid for that bid package andHHF3b and HHF3c were reviewed to see why the low bid was not selected. The sample reviewed

    to ensure that the DLB accurately self-reported the lowest bid being selected showed no

    discrepancies.

    For scoring, Hardest Hit round one funds and bid selection were done by a score and rank

    methodology. HH round two funds and bid selection were done by several different scoring

    methods. The first method was the “Curve” scoring, the second scoring method was the “Step”scoring and the third, and most recent, scoring method is the “Step with Stipulated Terms”

    scoring. These methods are somewhat defined in the Evaluation Criteria or Evaluation Section

    portion of the applicable Request for Proposal or Request for Qualifications however the history

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    properties within the bid package, Award amount, Date awarded, Date completed and any

    additional information needed to support the bid selection.

    This spreadsheet must be able to support why the lowest bidder (and in some cases thesecond and third lowest bidder) was not selected and show that the lowest bidder has other

    “bid packages” in process that supports the lack of “capacity”.

    Issue #2 - The DLB must document and explain deviations of 30% or more of the bid selected

    compared to the lowest bid. One bid that was reviewed had a deviation of $828,571 or 46%

    from the winning bid compared to the lowest bid. With the winning bid having a demolition

    cost per structure of $18,139.

    Issue #3 - Explain why the scoring committee scored on “capacity” of contractors and gave

    higher points on unit performance that exceeds the number in bid package. For example, the

    bid package was for 16 properties and the scoring committee gave points based on the

    contractor indicating they can demo 40, therefore they gave that bidder more points. (See

    hhf1c)

    Issue #4 - Establish a minimum threshold needed to score and rank bidders. For example, abidder was marked as having no wrecking license yet they were scored higher than another

    bidder that did have a wrecking license. (Example, hhhf4D – KCI General Contractor)

    Additional Items to be Addressed from Round 1:

    •  Going forward, the DLB must ensure the scoring summary sheets are complete and

    document why there may be blanks in the scoring summary sheets. Do not changehistorical information.

    •  Document consistency in scoring numbers such as rounding vs. not rounding. A rounding

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    As part of Curve and Step scoring, include explanation for the subjective scoring

    categories of “Bid Amount” and “Contract Duration”.

     

    Make sure the DLB can explain the formula used for “Bid Amount” score and“Contract Duration” score.

    o  Consider documenting a scoring plan/process for potential Round 3 funding.

    Additional Items to be Addressed from Round 2:

    •  Change the verbiage on Section 5G of Step with Stipulated Term to read “may” vs. “will”.

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    It was advised that the DLB consider adding a “capacity” scoring metric since this appearsto be a factor, if not the primary factor, in determining the winning bid.

    •  The DLB must clarify in the RFP regarding tiebreakers, such as using interviews or

    prioritizing Detroit Headquartered Business (DHB)/Detroit Based Business (DBB)

    contractors.

    •  Timeframe requirements documented in the Stipulated Terms document must be

    documented in the final contract.

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    The DLB must document who is on the scoring committee, this would include showing anappropriate level of expertise within the committee.

    •  The formulas used for scoring must be defined in the bid package.

    •  Clarify posting of Request for Proposal (RFP) vs. Request for Qualifications (RFQ).

    •  The final term date needs to be amended in existing contracts.

    •  Additional information regarding change orders needs to be provided to ensure actual

    expense reflects bid prices.

    This would include documenting what the change order process is and having adetailed list of what change orders have been approved and for how much.

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