Is there an “FOJ” exemption on RFPs in Montco? February 5 2010
“FOJ” of course, meaning “Friends of Jim Matthews”.
As the Times Herald reported last night, Montgomery County awarded two contracts for legal work on a bond issue to Cozen O’Connor and Pepper Hamilton. According to a county ordinance enacted in 1998, during the first tenure of Government Floater Joe Hoeffel, all county work must be put out for competetive bid to at least five companies. County Solicitor Barry Miller, who, of late, was attempting to charge County Commissioner Bruce Castor $245.75 to view the RFP that was supposedly put out to bid on the county health care contract (The health care brokerage contract was awarded, coincidentally, to another FOJ, CBIZ) claims that the awarding of those contracts follows the “spirit of the law.” The Times Herald reports this morning:
During the discussion, Castor pressed Miller about Ordinance No. 98-2 that calls for providing RFPs to “not less than five” persons who have submitted statements of their qualifications and interest in a contract.
“Did we follow our own law or not?” he asked.
Miller didn’t believe the procurement ordinance, adopted when Hoeffel, Mario Mele and Richard S. Buckman served as commissioners more than a decade ago, applied in all cases to contracting for lawyers, accountants, architects, engineers, consultants and other professional services.
“We have not sent out RFPs for every bond issue,” Miller said. “I think we’ve complied with the spirit of the law.”
The measure is not subject to the competitive bidding process nor must a contract be awarded to the “lowest responsible bidder,” according to Section 4 of the law.
Instead of sending out RFPs, Miller said county officials called law firms on the phone.
According to a county official, Pepper Hamilton would be paid between $75,000 and $85,000 for its services as bond counsel; Cozen O’Connor $49,000 as underwriter counsel.
A review of Matthews campaign finance report filed Jan. 29 by the Friends of Jim Matthews reveals that in December, a Cozen O’Connor political action committee contributed $2,000 to Matthews’ campaign. Miller is Matthews’ campaign treasurer.
Miller’s explanation of the County’s failure to send out the required RFP’s was that there is such a “small pool” of law firms available to do that work. County officials drew up a list of 11 qualified law firms.
That’s right, Mr. Miller: 5 is a much larger number than 11. No need to give those other nine firms a chance at a county contract, much less give three more of them a chance to bid on it. Especially when one of them has been so generous to the man who got you your job: Jim Matthews.
Via Facebook, State Rep. Mike Vereb informs me that Harrisburg Attorneys have already been engaged to look into the allegations of “pay to play” in Montgomery County, in particular the authenticity of the RFP for the health insurance contract that was supposed to have been distributed by another very good FOJ, CBIZ.
Possibly Related...
Comments, compliments or complaints?