Construction company's appeal over airport terminal is rejected

Video;Related Links;

July 03, 2012|by Pilar Pedraza | KWCH 12 Eyewitness News

(WICHITA, Kan.) — The City of Wichita's Bid Board unanimously rejected an appeal from contractor Dondlinger/Hunt Tuesday afternoon.

Dondlinger/Hunt says its bid to build the new airport terminal was the lowest. The company was disqualified because city officials say it didn't make a "good-faith" effort to get enough disadvantaged subcontractors for the project.

Dondlinger/Hunt now has seven days to file a written protest that will be reviewed by the Wichita Airport Authority.

The airport authority will award the contract later this month after considering the recommendation of the Wichita Airport Advisory Board (WAAB). WAAB recommended that the construction contract go to Wichita's Key Construction working with Walbridge from Detroit. Key/Walbridge's bid was for $101.5 million.

The city of Wichita also points out that in its protest Dondlinger/Hunt had proposed that the city use binding arbitration to resolve the dispute. WAAB determined that using such arbitration would violate FAA requirements and put $53 million in federal funding at risk.

-------------------

The company that was disqualified from Wichita's airport terminal project is now appealing the decision. Dondlinger/Hunt, a Wichita based general contractor team was disqualified from the terminal bid because city officials ruled the team did not make a good-faith effort to secure enough disadvantaged subcontractors for the project. Disadvantaged businesses are those owned by women or minorities.

An attorney for Dondlinger/Hunt says that's not true. He says they did make a good faith effort and the city unfairly disqualified them. The attorney says it's not Dondlinger/Hunt's fault some businesses were still in the process of being certified as a disadvantaged business enterprise when they were disqualified. The city's attorney's say Dondlinger failed to provide evidence of a good faith effort.

"I guess the main point is that there's a pretty clear rule and you don't want to be unfair to other bidders by letting Dondlinger do something the others weren't allowed to do," said Polly Jessen, an attorney consulting with the city on the case.

One of the largest construction companies in Wichita, their lawyer pointed to the early completion of the Intrust Bank Arena as proof it can get the job done.

The airport contract was awarded to Key Construction/Walbridge. Their bid was $2.1 million higher than Dondlinger/Hunt. Dondlinger/Hunt wants the contract to be either awarded to them as the lowest bidder or for the city to start the process over.

"Re're really scratching our heads about why we ought to pay more," said Wyatt Hoch, attorney for Dondlinger/Hunt, "when the process has confirmed that the participation by the DBEs were in hand."

The Wichita Board of Bids heard the appeal Monday. The board will reconvene Tuesday afternoon to finish discussing the appeal.

The new terminal will double the space for security screenings which is expected to shorten waits at security check points. Construction is expected to be finished by 2014.

|

|

|