Tully, the higher bidder, alleges the DDC did not follow its own protocols when they accepted the lower bid from IPC. The City has agreed to not award the contract until after the hearing date, which is currently May 27. The City also agreed not to register the contract for the ESCR until 30 days after the hearing date.
The lawsuit claims that IPC, a newly formed joint venture, did not meet the Special Experience Requirements listed in the Project's Bid Booklet. Tully is seeking a judgment that the project should be awarded to them.
If Tully wins the judgment and DDC awards the Project to Tully at the higher bid of $1,335,473,290, then the costs of the ESCR project will exceed the City Engineer’s estimates by $136,907,910.$1.45 billion is allocated for this project. There is currently no additional funding from the city, state or federal government to complete the project.