http://www.beaumontenterprise.com/news/local/contractor_sues_bisd__alleges_being_unfairly_passed_over_01-02-2009.html


Contractor sues BISD, alleges being unfairly passed over
By COLIN GUY
January, 2, 2009

A Beaumont contractor has filed suit against Beaumont Independent School District, alleging that the school board unfairly selected a competitor for the construction of new elementary schools.

The lawsuit claims BGI Contractors, LLC partnered with Daniels Building and Construction, Inc. to bid for "construction manager risk services" for the construction of new BISD elementary schools in March 2008.

Daniels was ranked highest of three firms competing for the contract, the lawsuit alleges, but was not selected for the bid.

School board members elected to divide the work for the construction of nine new elementary schools into three separate contracts, according to The Enterprise archives, and approved Allco Construction as the construction manager for the first three schools in July.

Allco was ranked first, Daniels second and Envirotech third prior to that vote, according to the archives.

"Daniels Building & Construction, Inc., along with three other companies, was selected to interview, and Daniels was rated highest," the lawsuit states. "In other evaluation variables which were applied, Daniels ended up either in a statistical tie with its nearest competitor; or, if correct numbers had been properly applied, the total would have ranked Daniels higher than its nearest competitor."

Despite this, the lawsuit states, a lower ranked and more costly contractor was selected.

Earlier this month, the school board voted to approve Envirotech and LLC-Parkmay, ranked second, as the construction manager for the next three schools. Daniels had been ranked first but was not selected after a motion to approve the firm did not receive a second from board members, according to the archives.

The lawsuit does not specify whether BGI's objection is to the first or second vote.

A receptionist at BGI indicated that A.B. Bernard, president of the company, was not available for comment, and would not discuss the lawsuit while it is pending. The receptionist referred any questions to the company's attorney. Two phone calls placed to Louis Scofield, the attorney representing the company in the suit, were not returned by deadline Friday.

Bishop Ollis Whitaker, a school board member, said he had not seen the lawsuit yet and could not discuss its allegations until he had a chance to review it with the school district's attorney. However, Whitaker said school board members are within their rights to vote for whoever they feel is the most appropriate choice for a contract.

"Whenever something is presented to the board, we have a right to vote who we think we need to vote for," he said.

William Nantz, another school board member, said he could not discuss the litigation while it was pending.

Terry Ingram, the assistant superintendent for administration/operations, said he could not comment on the lawsuit and referred any questions to the school district's attorney, who The Enterprise was unable to reach.