Smiley Says Providence Schools $72M Contract “Potentially Illegal” and McKee Says He is Reviewing
Wednesday, October 04, 2023
A three-month investigative report by GoLocal has raised questions about how a $72 million facilities management was awarded to ABM — the company received an extra round to bid versus the other companies.
Now, Providence Mayor Brett Smiley is raising serious concerns about the bidding process, calling it potentially illegal. Governor Dan McKee said he is reviewing the issue.
In July, GoLocal filed an Access to Public Records Act (APRA) request asking for copies of all the bids submitted to the Providence Public School Department (PPSD) for the contract. The bids were returned to GoLocal by Emily Johnson, confidential executive assistant for the Legal Services Office at PPSD.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTThe bid documents show that two of the bidding companies Aramark and UG2 were given two rounds to bid, but ABM was given three rounds — providing that company with what appears to be a significant competitive advantage.
Moreover, ABM in round one bid $79,621,346 and Aramark $73,082,866. READ MORE ABOUT ABM HERE
Neither PPSD nor Rhode Island Department of Educational (RIDE) officials have answered questions as to why multiple bids were needed.
The bidding process was under the direction of Rhode Island Education Commissioner Angélica Infante-Green, and according to multiple sources with direct knowledge, she made it clear that she wanted Aramark out as the schools' vendor. After ABM was selected, Infante-Green’s spokesperson, Victor Morente, sent out negative press articles from previous years about Aramark to the local media.
Finally, weeks after GoLocal’s request, PPSD released the bids but blocked out all of the financial information.
Smiley and McKee Respond
Smiley is voicing concerns about the bidding process.
“It is critical that the Providence Public School District address the allegation that the winning bidder had an opportunity to submit an additional proposal after the best and final offers were concluded,” said Smiley.
“I have repeatedly expressed my concerns about the lack of due diligence throughout this procurement process and this most recent allegation, if true, would be unfair and potentially illegal. It is my hope that the district will answer any unanswered questions and bring transparency to this process in order to restore the community’s trust,” Smiley added.
Regarding the extra round of bids provided to ABM, Smiley is referring to ABM being allowed to submit a second Best and Final Offer (2nd BAFO).
According to a spokesman for Aramark, Frank McMahon said his client was never given the opportunity to participate in the second BAFO bid. “I have conferred with my client, and Aramark was not provided the opportunity by PPSD to present a second best and final offer,” said McMahon, who heads the lobbying and public relations firm Advocacy Solutions.
GoLocal News Editor Kate Nagle caught up with Mckee on Monday at a press event and asked the Governor about the bidding process and specifically about the one vendor — the winning vendor — being given an extra round to bid.
McKee said, “Because the state is involved in the schools, certainly it is an area that we're going to follow up on and get the details on, and probably be in a better position down the line to be more specific about it," McKee told Nagle.
“Again, I’m going to have to defer back... let me, before I make comment on process, let me find out what the process actually was,” McKee added.
ACLU and GoLocal to File Lawsuit
Presently, GoLocal has filed one lawsuit against McKee and Infante-Green for violating the Access to Public Records Act. READ MORE HERE.
But now, the ACLU will be filing a lawsuit against PPSD on behalf of GoLocal in the coming weeks.
Steve Brown, the executive director of the ACLU of Rhode Island, said about the refusal to release the bids, "The school department's award of its facilities management contract earlier this year generated a great deal of controversy. In accordance with the transparency goals of the state's open records law, the public should be able to ascertain the details underlying the school department's decision to award the contract to a new vendor.”
“The agency's refusal to release that information significantly hampers public oversight of the school department's activities, and that is why we believe a challenge to the department's response to GoLocal's request for that information appears to be in order,” Brown added.
Related Articles
- EXCLUSIVE: Fixed Bid, Convicted Felon, Secret $3.2M Payment — Infante-Green Directs $72M Contract
- GoLocal Sues McKee and Infante-Green Over Violation of Open Records Statute Tied to $70M Contract
- Firm Hired to Maintain Prov Schools Paid $140M for Unpaid Wages in 2022, Linked to Workplace Abuse
- Chair of Providence School Board “Deeply Disturbed” by Record of Company Winning $70M Contract
- Convicted Felon Paid $183,900 to Manage $70M Contract Bid for Providence Schools
- Gov. McKee and Infante-Green Spar Over Failure to Turn Over Documents
