Low bidder W.C. Fore protests loss of $44M port contract
GULFPORT -- W.C. "Cotton" Fore is protesting a $44 million contract award to Necaise Bros. Construction Co. for work on the state port's West Pier because Fore was low bidder on the project.
The state port's board heard the protest Monday afternoon. The board must now decide whether to rebid the project, stand by the contract award to Necaise or give the job to W.C. Fore Trucking Co.
Fore submitted a bid of $43,985,611, which was $126,766 lower than Necaise's bid. Necaise completed the first phase of construction on the west side of the pier. Fore, also the low bidder on the first project, did not dispute that bid award. Fore told the board that he has completed a total of 35 construction projects at the port over the past 43 years, all on time and within budget.
The contract in dispute is on the pier's east side. The contractor will elevate the east side of the pier to 14 feet -- the elevation reached on the west side -- and install rail lines, plus water, sewer, drainage and electrical systems.
The construction is part of a $570 million West Pier restoration and expansion the federal government funded after Hurricane Katrina to create jobs.
The bid protest coincides with the arrival this week of three huge cranes that will be mounted on the rail lines for cargo movement on the West Pier. The cranes were built in China at a cost of about $10 million each.
Jonathan Daniels, port executive director, expects the cranes to arrive by sea Thursday afternoon or early Friday. Daniels also hopes to have an answer by Friday on awarding of the West Pier contract. He expects a special meeting of the board this week to settle the protest.
The port's board rejected Fore's bid, finding that he failed to identify the subcontractors he would use and file certificates of responsibility for those subcontractors. Fore's attorney, Sam Kelly of Jackson, said Fore was not required to file the information until the contract was awarded, which he was prepared to do. Kelly said if Fore had been asked sooner for the information, he would have supplied it.
"It's our position that W. C. Fore Trucking's bid was wrongly rejected," Kelly said, "and that W.C. Fore did, in fact, submit the lowest and best bid."
One of the port's attorneys, Brant Pettis of Gulfport, argued the port's board acted properly in rejecting Fore's bid. He said the port did request the list of subcontractors and certificates of responsibility with the bids. The port considered not only the lowest bid, but also the best, he said, as it is supposed to do by law.
"This board made a well-reasoned decision," he said.
The port is hoping construction on the West Pier will be finished in early 2017. Board member Bobby Knesal, who cast the lone vote against awarding the contract to Necaise, reminded Pettis that his law firm had recommended rebidding the contract unless the port wanted to face litigation.
Board member Jim Simpson said the recommendation was made in a meeting closed to the public and was a matter of attorney-client privilege.
"I think we've heard enough from all sides," Simpson said after two hours. "I think we need to close this record." With that, the meeting adjourned.
This story was originally published March 14, 2016 at 9:49 PM with the headline "Low bidder W.C. Fore protests loss of $44M port contract ."