OCEAN PINES– Ocean Pines Association Director Bill Cordwell believes the community may have opened itself up to a lawsuit after failing to approve a bid to build a new White Horse Boat Ramp.
The Ocean Pines Association posted a request for proposal on the project on Aug. 27 and approved $252,500 in spending on Sept. 27. The project’s start date was listed as Nov. 1, to be completed by Feb. 27, 2014.
Fisher Marine Construction Inc., based in Chincoteague Island, Va., bid $255,000, but failed to land the bid after the directors voted 4-3 to stall during a meeting on Oct. 23.
General Manager Bob Thompson said the short window of time scared off several potential bidders and Vice President Marty Clarke called the bid a “sole source project.”
During discussion, President Dave Stevens said the directors needed to show patience on a project of this size, but drew boos after wondering aloud if the bid was slanted.
“We have an oversight duty,” Clarke said. “We don’t know (the price) because we only have one bid. Look up the definition of ‘bid’ – you need at least two.”
Treasurer Jack Collins said the directors had a “fiduciary responsibility.”
“We want the truth,” he said. “I don’t understand why we only have one bid. It may be the best bid, but I don’t understand why only one came forward.”
Cordwell said the board “set ourselves up for a hell of a lawsuit.”
“I’m going to request through email a special meeting to get this done,” he said. “We can’t let this go like this. It’s illegal. What are we doing here? It was a process. If there was something that would disqualify them, then fine. But you can’t do this – this is not a sole source contract.”
Cordwell believes that after the bid amount went public, alternative bids were immediately compromised.
“I’m not an attorney, but I’ve been in court enough in my career with the police department that I don’t believe you can do this,” he said. “What are we doing?”
Cordwell was unconcerned that only one bidder emerged for the project.
“It was a process and it was somebody that we were familiar with,” he said. “They do all our bulkhead work. If it was something that disqualified them – they did bad work for us in the past or something like that – but it’s a qualified bid. How can you say, ‘Oh, let’s go back and see what these other guys do?’
“It was a fair process that we do all the time,” Cordwell continued. “We can’t twist people’s arms into bidding. We had a fair offer with somebody that we’re familiar with and it should have been awarded. I firmly believe we’ve opened ourselves up to a major lawsuit by not awarding this and I think we ruined our credibility in the marketplace for any RFPs going forward.”
The Ocean Pines Association posted a request for proposal on the project on Aug. 27 and approved $252,500 in spending on Sept. 27. The project’s start date was listed as Nov. 1, to be completed by Feb. 27, 2014.
Fisher Marine Construction Inc., based in Chincoteague Island, Va., bid $255,000, but failed to land the bid after the directors voted 4-3 to stall during a meeting on Oct. 23.
General Manager Bob Thompson said the short window of time scared off several potential bidders and Vice President Marty Clarke called the bid a “sole source project.”
During discussion, President Dave Stevens said the directors needed to show patience on a project of this size, but drew boos after wondering aloud if the bid was slanted.
“We have an oversight duty,” Clarke said. “We don’t know (the price) because we only have one bid. Look up the definition of ‘bid’ – you need at least two.”
Treasurer Jack Collins said the directors had a “fiduciary responsibility.”
“We want the truth,” he said. “I don’t understand why we only have one bid. It may be the best bid, but I don’t understand why only one came forward.”
Cordwell said the board “set ourselves up for a hell of a lawsuit.”
“I’m going to request through email a special meeting to get this done,” he said. “We can’t let this go like this. It’s illegal. What are we doing here? It was a process. If there was something that would disqualify them, then fine. But you can’t do this – this is not a sole source contract.”
Cordwell believes that after the bid amount went public, alternative bids were immediately compromised.
“I’m not an attorney, but I’ve been in court enough in my career with the police department that I don’t believe you can do this,” he said. “What are we doing?”
Cordwell was unconcerned that only one bidder emerged for the project.
“It was a process and it was somebody that we were familiar with,” he said. “They do all our bulkhead work. If it was something that disqualified them – they did bad work for us in the past or something like that – but it’s a qualified bid. How can you say, ‘Oh, let’s go back and see what these other guys do?’
“It was a fair process that we do all the time,” Cordwell continued. “We can’t twist people’s arms into bidding. We had a fair offer with somebody that we’re familiar with and it should have been awarded. I firmly believe we’ve opened ourselves up to a major lawsuit by not awarding this and I think we ruined our credibility in the marketplace for any RFPs going forward.”