
OK,
So I haven't blogged in awhile because I have so much going on that I am in the middle of that I haven't had a chance to keep up nonetheless gather my thoughts to blog. I have one that I am steamed over that I want to share.
When you get into a situation that promotes... hostility... there are two types of opponents. Competent and incompetent. Competent is a lot harder to deal however incompetent will piss you off more.
At work, I spent time and money last week scrapping with an incompetent person. Now in our business with usually work with two or three different groups for any given client. There can be a contracts/purchasing group, an engineering group and then an ap group. Each is a very different relationship. We have worked for public school system X for several years now. The engineering group at public school system X (hereby known as PSSX) is a good, solid team. They truly work in the spirit to get the best possible quality project for PSSX. I have a lot of respect for these people. They also subcontract work to some of the best roof consultants in the South! TOP NOTCH team! I enjoy working with them. A+. HOWEVER in order to get to the engineering group you have to first work on the bid, place the bid, go through the bid opening, get your bid recommended to the board for PSSX, get your pre-job documents approved (which is a moving target as they change about every 15 minutes and are not well documented) and then you get your contract executed and can set up a pre-job meeting. This process can take up to three months to complete. You know that going in and simply keep working hard until everything is satisfied. It is a lot of work and it is your job to do it so you do it. It is what the client wants and needs and you always ALWAYS do what you can to do the right thing for the client.
A few months ago the game changed. Apparently the two big heads of the construction/purchasing group of PSSX and one admin were indicted by a grand jury. Apparently there was tampering in construction contracts. This was an ugly mess in the press for PSSX and an interim director was appointed. You would assume that this director is both competent and methodical ~ especially leading the team out of a situation that cause the group great anxiety and a HUGE black eye from the media. I am here to tell you, that is far from the truth.
There are a series of documents required to submit with a bid for PSSX. They exist in order to be sure that PSSX is getting exactly what they need as well as to guarantee the integrety of the bid process. Each document is to be treated sacred and not filling out any small item of these documents can subject you to having your entire bid considered "non responsive". Therefore after the HOURS it takes to put these bids together, we are very careful on each of these documents. It is one thing to be beaten out on a contract because of price but an entirely different situation to be tossed because you were sloppy. This is a common practice and everyone knows it well.
One day in April, I attended two bid openings held back to back from PSSX. The process is that all bids that are clocked in at a certain time are then opened by the interim director and the bids are read out loud and recorded. Everyone writes down the results and goes home. Bid openings are open to everyone. Then before the next board meeting (usual the day before) the agenda for the board meeting is posted and the recommended low bidder results are posted for approval of the contract then the contracting proceeds. There is no communication between PSSX and the contractor during this time period, you simply wait and watch. Well during one bid for a roof system, Roofer Y did not submit a base bid but did submit an alternate bid. We submitted both the base bid and the alternate bid. On the base bid, we were apparent low bidder. On the alternate we were #2. (note this discussion has nothing to do with Roofer Y and I want to be clear on that point)
The day of the board meeting PSSX group submitted a recommendation to their board for the base bid for Roofer Y. WHAT BASE BID? THEY READ THAT THERE WAS NO BASE BID. THEY EVEN HAD A SIDE DISCUSSION DURING THE BID OPENING.????
In 21 years of business, we have never questioned a bid process. We never stir the pot however something was wrong here. We also noted another anomaly in the pricing but that was not the heart of the matter. So I wrote a letter to the interim director and copied all the people that attended the bid opening requesting a copy of the bid document submitted by Roofer Y. I was informed that it was not PSSX's policy to give out that information. ? HUH? So then I did a formal request via the open records act for that information (again copying everyone). The admin of the interim director sent me a note asking me if I wanted to attend a meeting. No, I just want a copy of the document. Then the admin called me. Now this admin is straight out of the text book for a government jobs program entitled chip on your shoulder idiot. PERIOD. I was treated as an small ant that had no rights. I had to explain in painful detail that the open records act gives me full rights to examine and copy the document at my will and that was exactly what I wanted to do. She proceeded to tell me that "I was not understanding and we were in miscommunication" Bullshit. I was painfully clear about what I wanted and interim director sent one of her henchwomen out to try to get me to go away. Finally she stuck to the fact that they would have to get permission from Roofer Y to show me that document. Fine do it! Then it was responded that since I already emailed the group that would satisfy the "request for permission" and I had to then clarify that PSSX was basically willing to do nothing to satisfy my Open Records request. Then idiot admin finally said they would request that permission. I was told that all I had the right to see was the bid tab sheet which I already had and AGAIN was WRONG according to the open records act. I hung up and called my lawyer.
NOTE: HAD THIS DEPARTMENT (THAT HAS SUFFERED A BLOODBATH FROM THE PRESS DUE TO CONSTRUCTION CONTRACT TAMPERING) HAD EVEN BEGUN TO TREAT ME WITH ANY RESPECT AND DEMONSTRATED ANY WILLINGINGNESS TO COMPLY WITH THE OPEN RECORDS ACT I WOULD NOT HAVE CALLED MY LAWYER. But at this point it looked like either: 1. they were crazy incompetent or 2. they had something to hide.
My lawyer absolutely rocked. He came out blasting an explain in excruciating detail that PSSX doesn't have the right to have a policy that trumps the open records act and that it was unacceptable to respond as such and that we expect the documentation. (Understand here that I am pushing an elephant uphill and having to educate a group that should be so educated in the open records act after the multiple requests they got from the press over the past year.) After spending time and money on the bid process I am now spending time and money on attempting to get one ten page document!!!
PSSX wanted to still keep the meeting time and my lawyer responded that we would only if it was productive and thus we could review and get a copy of the document.
So we showed to this meeting with PSSX last Friday and at best you would call it hostile. The interim director came out swinging at me and I was no longer taking this bullshit. We fought about having a meeting and she actually had the audacity to ask me "how would you feel if someone wanted to see your bid"??? Funny, I thought the point of a bid process to a government entity was that you understood that EVERYTHING you do is subject to the scrutiny of the public. My response of course was that was irrelevant as my information, just as every other bidder was subject to the public records act. THIS DIRECTOR was worried about FEELINGS? Screw the law, feelings were the most important thing during contracting! Should a offer up a hug with my bid next time? Then we got into a scrap for the price for this 8 page document. They wanted to charge me $27.50 when the open records act clearly states the max you can charge is $.25 a page. (just following the math here it was $25 for an admin fee. So an admin spent what 15 min tops copying the document? That means that admin would be worth $208,000/yr + 35% overhead therefore $280,800/year person made my ten pages copy?)? FINALLY I was able to view the original bid document from Roofer Y. At this point I held up the document and explained to the interim director that she discussed and recorded NO BID for the base bid yet it was clearly written in and that is acceptable but then because the attempted to withhold my rights to view this document I pursued viewing it. I understood as they represent the taxpayers of the county that they have the right to accept the base bid but it was because of the way this was recorded that I questioned it. THEN we explained to them that the bid form was incomplete as they were missing the non collusion affidavit as well as did not list the subcontracting companies and each sub had to submit a non collusion affidavit. To this they responded "oh here it is" and they handed me the contractors qualification submittals. We then had to show them the forms from their documentation and a copy of our bid to demonstrate how the form is expected to be completed. The room got silent at this point. We indicated that we were not going to pursue this matter further. We left the meeting. NO ONE ON THE CONTRACTS SIDE KNEW WHAT THE BID THEY PUT TOGETHER CONTAINED AND HOW IT WAS SUPPOSED TO BE FILLED OUT. ASTONISHING.
We were notified by fax a few days later that they were throwing both sets of bids out that bid that day and the job will be rebid.
So lets review:
1. they had no idea how to comply with the open records act and react with hostility to the party that makes the request
2. they have no idea how to charge for such a request
3. they are unfamiliar with the documents included in their own bid forms
4. the former director for this group make $200k+/year. Is it fair to assume that the taxpayers are paying this person $200k+as well for such belligerence? Especially since PSSX have had to lay off teachers in this school system. The engineers in this group would be worth every penny, they make it all happen.
5. the interm director has an admin that she chooses allow her to treat contractors with gross hostility and is insistant in promoting a policy that trumps the law
I know this, the former director was indicted however, she NEVER let this crap happen under her watch. She would probably have been a competent opponent if it ever came to that but I never saw her treat people this way. And she NEVER would have let an incompetent government jobs program admin to handle her dirty work. Perhaps PSSX should hire someone that is at least after the truth and is competent before they come out half cocked. I have yet to see my thank you note for spending my time and money educating this group. What happened was no secret in our community. I have heard a lot of buzz about what happened and several people have commented to me regarding how thrilled they were that someone finally questioned this bid process. That doesn't make me any less angry.
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