June $", 2017
TerviR. Troup
Jeff Gossage
Finance Administrator
Purchasing and Contract Management
730 2 Ave South, 1* Floor
P.O. Box 196300
Nashville, TN 37239-6300
RE: Protest Pursuant to MCL 4.36.010 Right To Protest Solicitations and Awards
Dear Ms, Troup and Mr. Gossage:
\We are requesting clarification on the procedures that led tothe decisions made by Metro in the
awarding of RFQ. 969636, so we are fling ths Protest per procedure,
\We believe this Protests in order because the procurement / solicitation / award process was not
equitable to all submitters and information required to make a proper presentation was not complete,
\We are requesting an immediate stay of the proceedings unt this Protest has been resolved,
While the content of a protest letter is not well defined in the Metro Code, it must specify what
actions, processes, specications, and/or ambiguities serve asthe basis ofthe claim,
\We challenge the legal standing of Metro Parks & Recreation to initiate plans to sell or lease the Greer
Stadium, without input from Metra Council and Metro Director of Properties.
According to the codes, any property deemed “unused” falls under the control of Metro Division of.
Properties, itis the responsiblity of Metro's Director of Properties to determine whether a property
can be put on the market, and this can be done only after thas been deemed “surplus” and “no
longer needed" by Metro. We do not believe thishas occurred
The RFQs titled Rehabilitation and Lease of Greer Stadium Property. The only report provided as part
ofthe RFO.was a Demolition Report. An engineering report on the building condition based on
accepted engineering principles and/or ASTM methads should be provided if the property Is truly to be
rehabilitated
‘The lack of standing and procedural faults are the most critical components of our Protest, and
sufficient to justify an immediate stay of proceedings, because these issues automatically render al
contracts null and void. Nevertheless, aur claim continues to specify further actions, processes,
specifications, and/or ambiguities that serve asits bass
‘webote:Nanadvenar commie Nashssventoecom soa media: @nashabertre‘Asan example ofthe assumed inconsistency, based on the scoring tabulations provided by your office,
Nashville Adventure Park (NAP) scored 2 out ofS forthe diversity plan and the selected proposer was
awarded 3 out of 5. NAP s 51% owned by me, a minority of South Asian origin. Our diversity plan was
written with the assistance of Don Hardin of the Hardin Group, who has written for and participated in
humerous Metra construction projects as the minorty project manager. We also included ICF
Builders, another minorty business and Wilmot Group, a women owned business. Thus |am baffled
how we rate lower than the other groups. if we lost points on something lke this, how many other
points did we lose that were more significant.
\We challenge the lack of transparency ofthis selection pracess. We concur withthe allegations
published in The Tennessean newspaper and reported by local TV stations that there were “secret
closed-door meetings” involved. Instances in which the principle of procedural transparency has been
Violated are so numerous that they are hereby itemized separately inthe attached Documentation,
‘We hereby submit our demands for documents and interrogatories inthe attached document and
made a part of ths Protest. A Response with fll disclosure is required, and approvals must be
‘accordingly granted, before resumption of the consideration ofthe submitted proposals may proceed,
Participation inthis process has proven that all five of the responsive proposers to the RFQ submitted
plans with something valuable to offer and should have been given an opportunity to present their
plan and answer questions
‘We suggest a round table or symposium be organized, that will alow each developer to put on a
presentation for the appropriate audience, to include neighbothood and civic organizations as well a5
the general publi with questions, suggestions and participation by all being actively encouraged.
‘The foregoing being sai, with the delivery of our Protest and the attached Documentation, we hereby
demand the immediate issuance ofa stay of proceedings in tis matter until all aspects of its legality
{and procedural integrity have been resolved, along with each of the accompanying enumerated
challenges,
‘Thank you for your forbearance. We wish for the best outcome for this property for the benefit of the
citizens of and visitor to Nashville,
attachment
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