Alderman cries foul play on Bella Vista city purchases

Bella Vista Alderman Jerry Snow has raised concerns over a lack of protocol in the pending purchase of two dump trucks planned by the city.

He said the city continues to conduct questionable business practices regarding the purchase of its dump trucks, from “waiving the competitive bid process” back in April 2012 to more recently using bid specifications that could only be met by Kenworth.

“I don’t know why the mayor and city council majority is so set on rubber-stamping a bid process that is not consistent with state statutes,” Snow said.

Mayor Frank Anderson was out of his office on Friday (June 21) and did not return an e-mail request for comment. Two phone messages left for city attorney Bryan Vernetti were also unreturned. 
       
The city spent $228,952 in April 2012 on two dump trucks and a spreader after they waived competitive bidding when MHC Kenworth was the lone bidder. In April 2013, the city set out to buy more dump trucks, using the same bid specifications from a year ago. The bid requirements for the two dump trucks as advertised in the local newspaper were written specifically for Kenworth, according to Snow.

John Leverett, procurement specialist for the Arkansas Department of Finance, said any time the specifications are too narrow that they exclude other manufacturers the bid is out of compliance.

“Most cities have someone on staff who writes the bid specifications. I am not sure how the smaller cities handle that,” Leverett said.

Michael Button, street superintendent with the city of Bella Vista, said he was the one who handed over the bid specifications for the pending purchase of two more dump trucks. He did not say if he wrote them or if they were obtained from someone else. Button did say the city had four Kenworth dump trucks and two Fords that were purchased used.

It’s not unusual for cities to replace equipment with similar makes and models because it allows for seamless transfer and ease of use, according to one city official in Fayetteville.

“I couldn’t understand why other dealers wouldn’t want an opportunity to bid on $250,000 in sales, $500,000 if you count the two trucks bought last year when Kenworth was the lone bidder,” Snow said.

He contacted other dealers in the area to ask why they did not submit bids on the business. Snow said he was told by Allison Ford, International and Shipley Motors in Lowell the bid specifications could only be met by a Kenworth dealer. Other dealers just outside the two-county area said they did not see the notice.

Leverett said the bid process is clear. Specifications can be detailed to gross weight ratings and other minimum requirements but when there is a long list of exact dimension criteria that rule out all but one supplier it’s no longer competitive.

He submitted three competitive bid specifications for dump trucks procured by the state last year to The City Wire for review. He said these specifications are in compliance with state law and received multiple bids. In contrast, the bid specifications used by Bella Vista are detailed down to the tire brand, the number and positions of cup holders and the exact size and configuration of the windows.

David Bass, vice president of sales for Shipley Motor Company in Lowell, said he would submit a bid for the business even though he knew his trucks could not meet the exact requirements outlined in the specifications.

Again Kenworth, the only other dealer to bid is in line to get the $250,000 purchase.

Harry Newby, a retired resident of Bella Vista and a former city attorney in another state, said there are lots of questions dating back to the purchases a year ago that should be investigated before more taxpayer money is spent. He said advertising for bids in the local newspaper does not likely meet the standard requirement for published notice. He said waiving competitive bidding is only allowed when there is a natural disaster and the need is too great to wait on the formal bid process to take place.

The council is expected to revisit the issue and vote to approve the bid during Monday's (June 24) council meeting. A resolution to approve the bid failed with a 3 – 3 vote in the previous council meeting, with the mayor absent.

“I don’t know if Kenworth is the best truck for money. But I do know the taxpayers of Bella Vista won’t obtain the most for their tax dollars if the city doesn’t abide by the competitive bidding requirements as directed by state law,” Snow said.