Who May Have Contact with Bidders During the Bidding Period?

The Kansas City (Missouri) School District is experiencing internal school board conflict and the resignation of its superintendent, triggered at least in part over potentially improper communication between the school board president and a contractor bidding on an $86 million public works project. 

Bidder Contacts School Board President:  The Cornerstone Project is a federally funded ESCO project designed to improve energy efficiency of district buildings.  The trouble began when a bidder contacted School Board President Airick West about the project.  The bidding documents prohibited contact with school board members, and presumably with anyone other than a single point of contact with the District's administration.  There are indications that West wanted to use the information to convince the District's administration to change the bidding process.

Public Records Request Filed:  When Superintendent John Covington learned of the improper contact with a bidder, he asked West for the name of the contractor in order to disqualify the contractor from bidding.  When West refused to provide the name of the contractor, Covington filed a public records request for all e-mails between West and the contractor, including those sent from West's personal e-mail account that was used to conduct official District business.  Covington also decided to rebid the project.

Resignations:  At a board meeting on August 24, 2011, Covington submitted his surprise resignation to the board, although there appear to be other unspecified issues that contributed to his action.  Board member Arthur Benson also resigned at the same meeting.  Later, the board refused to accept Covington's resignation.

Practical Tips:

• Single Point of Contact:  The conflict illustrates the need for clearly delineated lines of communication with bidders to avoid actual or perceived improprieties. Public agencies should establish a single point of contact for bidders with the agency.  This helps ensure that all bidders receive the same information from the agency, and helps prevent the appearance of some bidders receiving preferential treatment or inside information.

• Addenda:  Even with a single point of contact, it is important to have language in bidding documents reminding bidders that only formal addenda issued by the agency change the bidding documents.

• Public Records:  While public records laws vary across the nation, information included on a personal computer or personal e-mail account of a public employee may be subject to public disclosure if the employee used these resources in conducting official government business.  Public employees should think carefully about what they write in e-mails, which can later be subject to public disclosure.

Mike Purdy's Public Contracting Blog 

© 2011 by Michael E. Purdy Associates, LLC 

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