City is sued by losing bidder

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Another business is crying foul over the city of Augusta's purchasing practices.

Stewart-Corbitt General Contractors filed suit in U.S. District Court on Wednesday. The company seeks a court declaration that certain city purchasing practices are unconstitutional. It also seeks an injunction to stop the city from formalizing a contract with a competitor to build the firefighters' new administration building.

A lawsuit represents only one side of a dispute. The city has 20 days to answer the complaint.

Stewart-Corbitt says it submitted the lowest bid in November on the firefighters' building but that it was deemed noncompliant and rejected. The fatal error concerned the notary public's failure to date several notarizations.

Its bid was the lowest by nearly $10,000, according to Stewart-Corbitt.

RCN Contracting had the next lowest bid, at about $1.1 million. According to the lawsuit and bid documents, RCN's bid was also noncompliant because company President Ralph C. Newman Jr. acted as the company's notary public in verifying its bid documents.

Stewart-Corbitt contends that the city's materiality provision, which requires perfect adherence to the written instructions for bidders, is in conflict with state law that requires all public works contracts to be awarded to the lowest bidder.

The state law also gives governments the authority to reject all proposals and rebid projects in addition to the right to waive technicalities.

The Augusta Chronicle reported last month that Stewart-Corbitt Vice President Todd Stewart tried to protest the bid at a commission committee meeting.

Although Commissioner Don Grantham expressed sympathy, he said City Attorney Chiquita Johnson advised commissioners that Stewart-Corbitt's error could not be overlooked. If the company had misstated prices, that could be waived, but not the notary public's error, according to Ms. Johnson.

Reach Sandy Hodson at (706) 823-3226 or sandy.hodson@augustachronicle.com.

Comments

SandyK2005

Which Notary Public failed to date the documents? Their own or the city's?

GnipGnop1

Seems like this department is costing the city a lot of courtroom time. May be time to overhaul the current bidding system and reinstitute it with one that removes the litigiousness way it is now handled.

karmakills123

If you cut off the head of the snake you will solve the problem...good bye ms. sams

jebko

Willing to over look 'mis-stated prices'????,,, but not a signature?

csraattitude

Were performance bonds in the specs? They should be.

nofrillls13

It isnt what you know but rather who you know when it comes to city or county contracts. I gave up years ago because I woundnt play their game. Bunch of crooks if you asked me and the taxpayers are paying for their game

longtraincoming

They are comng to take you away, Gerri!

Waymore

jebko, I was thinking the same thing. Maybe the county needs new council. Did Chiquita really mean what she said?

HYPOCRITES 08

No you Naysayers are the one. You encourage the losing bidders to file these suits because you are on here constantly belittling that Department. What you have here are a bunch of whining babies that cannot accept the fact that they failed to follow procedures.

HYPOCRITES 08

Because it was the lowest does not mean it was the best bid for the county.

justthefacts

Hypo, is it your contention that Stewart-Corbitt General Contractors did not consider suing until, one day, they were reading the Rants and Raves and said "hey, these people think we should sue"? Kinda doubt that bro.

I4PUTT

HYpo, relax man....the truth will come out. If Ms Sams is innocent, she has nothing to fear. Let justus take it's course.

ripjones

Hypocrites -- The problem is not the losing bidders suits, they're winning the suits. It's the Purchasing department, and their Director. Who in their right mind would allow the President of the bidding company, to be his own Notary Public. Notaries are supposed to be transparent and impartial. It is my wish that Stewart-Corbitt also wins their suit. And I would also suggest that Stewart-Corbitt get themselves a new Notary -- one that is a little more careful.

I4PUTT

Actually it is very common that the notary is an employee of the bidder. So much for transparency.

HYPOCRITES 08

NO they are not winning the suits. I have yet to hear where any firm was paid one single dime. PUTT i did not know that she was charged with any crime. So she is innocent unless you or someone else can prove otherwise?

HYPOCRITES 08

RIP it is not surprising. You wish anyone that file suit against the county win.

JackBootedThug

How about saving this Richmond County resident $10,000? I could care less if the notary forgot to date the bid. Now we will pay for the county to defend itself and it's crummy practices in court.

ripjones

I4Putt - Maybe a lesser employee, but not the President. That's fishy. Especially when the bank of the company could easily be the transparency I would expect. All banks have notaries in the branch.

ITDoc

I believe the contention in this case was they rejected a bid for a reason that the approved bid also could not pass. That's wrong, should be corrected, and Chiquita and Gerri are incompetent. No news here.

acisbiasedandsucs

when you put people with a name like Chiquita in a position where decisions have to be made you might as well accept the fact that things wont go to smoothly == thats like putting someone with the name osama in as president.... oh wait === that also happened -- you get what you vote for !!LOL

ITDoc

I have nothing against a woman named Chiquita. I think her parents were stupid, but that's an opinion. I've read stories of missed deadlines, improperly filled out forms, simple mistakes that any first year attorney should NOT make. She's city attorney, she's the one who's head should roll.

HYPOCRITES 08

Yes I see, Tiffany or Buffy or Jody would have been better. What an idiot.

sprintman

What does the name Chiquita have to do with anything. The woman was obviously smart enough to get through college with a law degree. Condoleeza was our secretary of state. Our president name is Barrack. Im glad that acisbiasedandsucs isn't in any position of power. Or we would be living still in the 1940's. Augusta needs destroy all the good ole boy. It can stay in the suburban counties if it once. But that type of thinking is why america is where it is now. Judging people by a name. So sad and pathetic.

sprintman

I think we should let justice take its course. The facts will come out in court. For instance what if this is the company who did furrys ferry rd. I would definitely not want them even if their bid was 50,000 instead of 10,000 dollars less.

ITDoc

Augusta needs to employ professional, capable people and then LET THEM DO THEIR DAMN JOBS.

justthefacts

Actually, his name is Barack. Not Barrack. It seems democrats make that mistake a lot on here. So, I thought I would clear it up for them.

sprintman

And its not all Ms. Gerri Sams fault either. Lawsuits are filed in court everyday agaisnt cities. I mean were talking about 10,000 dollars. Not 100,000 or a million.

sprintman

ITDoc where are you living. Augusta already does employ professional, & capable people. Who do their jobs very well.

sprintman

ITDoc where are you living. Augusta already does employ professional & capable people. Who they let do their jobs.

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