The price difference is definitely of interest as superficially it feeds the notion that local contractors collude and share bids in order to stay in business. Allegedly, the bid scam works on the idea that the general contractors agree to share government contracts and each bases their bid on the amount the others all agreed on ensuring that whoever is next in line gets the award. Because each contractor needs sufficient business to weather the length of time between awards, the prices artificially increases overtime.
A system like this depends on all collaborating to ensure everyone gets a piece of the pie. However, if an outsider comes in and submits a bid lower than the rest it creates a problem for the conspirators because they all lose their place at the public trough. If the alleged corrupt system were in place it is much harder for a local company to upset the scam because the conspirators would ban together to ensure the outsider would have a difficult time securing labor, materials and other local business services to complete the project and stay in business. Through pressure, eventually the interloper would submit or be driven out of business.
Without getting into the complexity of the bidding processes, especially construction projects, it is important to note that government entities use subjective items on their bids to score bidders and not always are the lowest bidders awarded contracts because of technical deficiencies on their bids that sometimes include items such as healthcare benefits or large-government experience.
An entity not dependent on El Paso business resources would be much more difficult to force into submission, especially a well-funded one.
If a fraud like the one I’ve described existed it would be difficult to prosecute because conspiracies, by their nature, take steps to insulate themselves from prosecution. That doesn’t mean there haven’t been successful prosecutions in the past it just means they are difficult to prosecute.
In this case, two items caught my attention; the fact that Basic IDIQ is an outside firm apparently making a statement in the El Paso market and the significant difference in prices quoted between them and the rest of the local contractors.
To be very clear, there are four significant reasons why the price difference is too diverse; the first is that Basic IDIQ purposely under bid the others for the opportunity to establish bonafides at the city for future contracts. Much like a “loss-leader” retail establishments use to lure customers into their stores. This would allow them the opportunity to bid future projects with the “successfully completed previous government” tag needed for other awards. They may have strategically bid for future work. However, keep in mind that they already have bonafides at the city and the county however, they may be looking for larger government jobs elsewhere.
Alternatively, it is possible that they mistakenly underbid because of the lack of general experience or a lack of an understanding of the El Paso market place. If that is the case then it is likely there will be an attempt to ensure the successful completion of the project through change orders, or the company would default on the work or be significantly harmed by this business venture that they would be unlikely to be bidding on future work.
It is also possible that they bid the work at a fair price and they will complete the project as required. If that is the case then the significance in the price difference shows the possibility of incompetence by the local contractors in completing projects or the complacency of knowing they would be awarded a contract by an incompetent government entity regardless of the cost to the taxpayer.
In this scenario the winners are Basic IDIQ and the taxpayers of the community. What a concept!
On the other hand, their bid could be the initial step in the possibility of exposing another corrupt process in El Paso.
Keep in mind that during Antonio “Tony” Dill’s sentencing on January 8, 2014 it was revealed that Dill gave federal investigators information on an unnamed organization that was formed to bribe officials in exchange for government contracts. The organization is allegedly composed of construction company owners. According to media reports, the federal government is investigating. Willie Gandara Sr., is also reportedly cooperating with federal investigators on this investigation.
At this point, it is difficult to know whether this bid is related to any construction companies involved in this ongoing inquiry.
How change orders are awarded for this contract as the project progresses would give us an opportunity to delve deeper into the various scenarios I have outlined.
At this point, we have lots of conjecture and very little facts on which to make a determination. However, it is important that we keep a close eye on this contract because it could be the thread that unravels yet another corruption scandal in El Paso. I will, and I’m sure others will keep a close look at the change orders related to the San Jacinto Park project to see if anything develops from it.
I worked for a company in KC that was indicted by FBI and U.S. Attorney for Racketeering. On the other hand when I was a Contractor I had little or no overhead and could underbid anyone. This Basic employee owned company sounds like the little company that could. A low bid goes more to the Contractors word than profit. I did a lot of jobs where profit was low and it was more about my word.
On the other hand say you have 3 big local corporations [any 3]….rather than a racket it may be more a syndicate….surely big 3 cross paths and may even wine and dine together on occasion and naturally talked about their shared professions….there is no law against this. The buffer is, it takes city council action and the written in low bidder laws. In other words in our facts I do not know it is actually against the law if the big 3 want to ‘raise oil prices’ so to speak….don’t get me wrong I am against true racketeering….but given no more than we know here….it just may be, only be, how biz is done every day across America.
Time will tell and it will not be that long when we can view the completed plaza., hopefully without big chage orders. That should put the matter to rest and DK can eat his own words. Speaking of collusion and bids, how about that $14mm stadium “change order” that the progressives made us eat?
This bid is suspect. One assertion made by BASIC in defending their bid to council was that they get better price for materials for instance concrete. Do you think that this supplier is really giving a better price to one contractor that would significantly give an advantage to this contractor. When one of the competing contractors has completed millions more in business with this supplier than BASIC. Does not make sense. Even if BASIC’s Overhead and Profit was at ZERO the two competitors would only underbid anywhere from 500 to 700k. This still does not make up the 2.5M difference. The city council and or staff should have evaluated the subcontractors more closely. This project will go the way of County Sports Park debacle. BASIC is hiring unqualified subcontractors, and will try to pressure for more time and money as this project progresses. Then they will blame the A&E firms for problems relating to their design.
Keep an eye on this….
If the job is completed without issues and with the same quality materials as specified, then you might have a valid argument.
But if the GC fails to complete, gets booted from job or starts to ask for excessive change orders, then we will know the real reason for the difference in prices.
BTW, there was about a half million dollar gap between the #2 and #3 bidders.
1) Basic IDIQ – $4,484,488.00
2) VEMAC – $7,012,468.00
3) F T James – $7,555,444.00
We get to see what unfolds.