Tuesday, November 10, 2015

Did the Jackson City Council admit that Denali offered a lower price?

Mississippi Attorney General Jim Hood refused to issue an opinion to the Jackson City Council on whether Jackson followed the law in issuing a sludge removal contract.  What is interesting is that the City Council's request apparently states that the partnership of Denali/Socrates Garrett offered a lower bid.  The opinion request states:

In fulfillment of this agreement (EPA consent decree), the City of Jackson advertised a request for proposals for biosolids screening, loading, transportation, and disposal City Project No. 15B050091 pursuant to Section 31-7-13(r) of the Mississippi Code of 1972 as amended.  Only two proposals were received.

(1) A proposal in the amount of $16,965,850 from a joint venture from Denali Water Solution LLC & Socrates Garrett Enterprises, Inc.

(2) A proposal in the amount of $15,540,000 from Synagro-WWT, Inc. and Fisher Construction. 

Based on the price negotiated and the factors used by the evaluation committee to rate the proposals, the Department of Public Works recommended that the governing authorities contract with Denali/SGE for $15,456,100
So it seems the Denali offered a higher bid but had the permits to remove and store the waste in Mississippi while Synergo has no MDEQ permits but will instead transport the sludge to Alabama.  However, some negotiating brought down the price offered by Denali so it had the lowest bid.  The city council twice rejected the bid from Denali.  

The Attorney General opined that he had no opinion as the EPA consent decree is a question of federal law.  The AG only issues opinions on matters of state law.  The AG also said that the city council should consult with the municipal attorney on whether it complied with the consent decree and "procurement of contracts" under the consent decree.


John Dough said...

I'm not sure what the controversy is supposed to be here.... State law requires award to the "lowest and best" bid. That does not automatically mean the low bid. However, I am aware of no authority for negotiating with a bidder, except with the "lowest and best bidder," and then ONLY if the bid exceeds the project budget by 10% or less, and then only if such negotiations result in a contract (for the same work as bid) that is within the project budget. If the bid(s) did not exceed the budget (by 10% or less), I see no authority to negotiate.

The AG, as I understand it, properly refused to issue an opinion on past actions, as the AG always does. That is a matter for the courts, although I presume he could/would issue an opinion strictly on what the City could/should do next.

Anonymous said...

Synagro's best-and-final-offer, with the City paying tipping fees, was $13,603,500. Denali's BOFO, again with the City paying tipping fees, was $15,013,850. That makes Synagro's proposal $1,410,350 cheaper.

Anonymous said...

8:05, don't let your silly little facts get in the way of the KF agenda.

Anonymous said...

John Dough - Well, if they had just solicited bids it would be one thing, but the point of an RFP is that it is supposed to be more qualifications-based, with price one of several criteria considered. It even says that in the minutes excerpt KF posted.

Anonymous said...

Reply to John Dough at 7:53. Section 31-7-13(r) requires advertising for proposals, not bids. Such proposals for solid waste contracts have allowed for negotiation once the proposals have been advertised and received. The language quoted at 7:53 regarding negotiation and 10 percent of the project budget applies to construction bids and does not apply to proposals for solid waste disposal contracts.

John Dough said...

Thanks for that clarification 10:51. Of course that indicates that the city is on even more firm ground to pick the not-low proposal.

Anonymous said...

The Mayor should thank Socrates for his support, but go ahead and propose the contract the council will accept for a vote (which happens in the end to be cheaper also) so that EPA deadlines can be met. We need a change up from the usual suspects anyway.

FrankMickens said...

John Dough
Your analysis of the limitations on negotiations is correct if bidders were proposing on a fixed and well defined scope of work such as construction plans and specs. From my limited understanding this procurement was a request for proposals where the bid was to achieve a result and not a defined scope of work. Each bidder/prosper submitted their respective plan of work. The evaluators looked for holes in the proposed plan of work to be sure that the proposer could achieve a be required results (trust but verify). One might say that even if the proposer had holes in his plan of work take his price and let the chips fall as they may and I he proposed bear the added cost. This attitude may not have been in the best interest of the City of Jackson because of he falling chips may have delayed completion beyond the EPA deadline. Please keep in mind that line the rest of you I have see neither the RFP, the proposal nor the negotiation notes.

Anonymous said...

Alright, I think we have beaten the distinction of competitive bids vs RFP to death at this point. It seems like the more interesting question should be, what is so specialized about hauling shit sludge to a dump that would require going through an RFP process instead of just soliciting bids for the work?

2016 Hottest Reporter Poll

Suscribe to latest on JJ.

Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Who is the hottest reporter?


Who is the Hottest Reporter in Jackson?

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).

Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.

In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS