Waste Management New Trash Contract: Possible Violation of RFP and County Rules
By Brevard Co. Citizens Coalition
We have just received copy of an e-mail dated February 22, 2013 sent by Chief Legal Officer, Jeanie Dubinski to Brevard Co. Attorney Scott Knox. This email was then forwarded to all the county commissioners and county manager.
“On January 2, 2013, the attached letter was sent to Mr. McLester regarding Waste Pro’s concern that Waste Management should be disqualified for violation of County rules and law. To date, Waste Pro has never received a response to said letter. In light of the fact that the cone of silence is now lifted, I am bringing this matter to your attention to review and respond. Waste Pro continues to believe that Waste Management’s violation of code should have forced their disqualification. We ask that you respond today otherwise, we shall proceed with a protest of the same.”
In reference to the January 2, 2013 letter that Ms. Dubinski sent, she states that she is notifying Mr. Jonathon McLester, Brevard County Purchasing, of a possible violation of the RFP Lobbying Statement by Waste Management.
She states: “It has come to our attention that Waste Management employees were distributing a card urging residents to contact Brevard County Commissioner Mary Bolin-Lewis in reference to the above mentioned RFP. I would surmise that if one Commissioner is being contacted so are the other four County Commissioners. “
“Section 28 of the Lobbying Statement, of the General Conditions of this RFP states that: “Firms and their agents are hereby placed on notice that they are not to contact members of the County Commission or staff (with the exception of designated liaison)”. It further states that “Failure to adhere to these requirements could result in Board action to disqualify of your firm from consideration of the award.”
“Asking residents to contact a County Commissioner would make those residents “agents” of Waste Management, making this action a gross violation of the RFP requirements. It appears that Waste Management is distributing this on a mass basis making this action not only a violation, but a violation accounting for up to possibly 90,000 repetitions. “
Attached to this letter from Jeanie Dubinski was a copy of the Waste Management letter addressed to ‘Brevard County Valued Customer’. It specifically states:
“For over 40 years Waste Management has serviced the residents of Brevard County for garbage, recycling and yard waste. We strive to deliver quality service to our customers and are thankful for your business. Brevard County is currently reviewing its options for waste collection and Waste Management, along with other companies, are being evaluated to provide this service. It would be a privilege to continue to service your residence and community.” “Please contact your County Commissioner, Mary Bolin Lewis, at 321-633-2044 or D4.Commissioner @brevardcounty.us if you have a positive comment about the service we have provided your community for many years.”
Oh-Oh…..Maybe the Brevard County officials should have checked into this and responded to the January 2, 2013 letter. Is Brevard County heading for a costly lawsuit?