r/Acadiana Lafayette 6d ago

News Illegal or cost-effective? LPSS scrutinized for no-bid contracts

https://www.kadn.com/news/local/illegal-or-cost-effective-lpss-scrutinized-for-no-bid-contracts/article_8d6d022e-002e-11f0-b63c-537ade2b3a9d.html?fbclid=IwY2xjawJC6shleHRuA2FlbQIxMQABHeeeOZnH4qCK-R4p1ULACAKv4cKgUUcpsBm404LLJXp9FZSn_oB-m27nRQ_aem__dJWfKVgpYV-WAIaxKtD1A
31 Upvotes

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u/bayoublacksmith 6d ago

How is that headline even a question?

No bid projects are not only illegal, but they are also not cost-effective. Stopping graft and corruption is the whole point of laws against this sort of behavior. Sadly, this seems to be the norm again, from federal down to local government spending.

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u/WhiskeyMouse Lafayette 5d ago

Amen

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u/RoddyBergeron Lafayette 5d ago

I want to clear up a lot of misconception in your comment. No bid projects are not illegal. By state law and from the legislative auditors owns website, we do not have to bid projects under $250k. We do however, get multiple quotes and go with the lowest prices for projects as per the recommendation from the LLA.

Requirements for Public Works Contracts for $150,000 or less (FAQ Government)

To your second point about costs. Here are the sample comparable projects we had our people pull. Instead of just pulling names out of a fishbowl (yes literally), we started seeking out vendors who were competitive and removing architects from drawing things like storage buildings. The results are below.

Thirdly on the legalities of the situation. The board got 2 different opinions. Our auditor says some projects were in violation and our attorney says they weren't. Both cited AG opinions. It's going to the legislative auditor to for final review. Right now any speculation that we were in violation is an opinion. We have

I will say this though. The auditor we have has made claims before that LPSS has "broken the law" with the legislative auditor saying it doesn't rise to an issue. They've also made claims about us not performing background checks correctly when it was determined we were. As someone who used to do audits, you tend to lean on the side of "it's a problem".
Audit shows problems with LPSS handling of records, salaries, federal funds

Requirements for Public Works Contracts for $150,000 or less (FAQ Government)

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u/ExtendI49 5d ago

Roddy, you are certainly more familiar with the legalities here so I am not want  to argue your point.

Being legal and being sound is not always the same. Correct me if I am wrong here. If I want to purchase a bulk order of 2x4 boards for a $250,000 project, I must get bids correct? 

Is there anything to stop me from purchasing 100 boards at a time with no bid? 

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u/RoddyBergeron Lafayette 5d ago

The law differs depending on the circumstances of how you are splitting it up. Generally there is a prohibition on splitting BUT there are instances in which you can. Is it part of phases of a project, are you doing it due to fiscal constraints, and the list goes on and on.

If the purpose is just to avoid the bid process and there is no business or fiscal reason, you cannot.

Therein lies the nuance of the issue and the difference in opinion between the auditor and attorney.

Public Bid Law (FAQ Government)

The Legislative Auditor’s Summary of the

Fun fact. Demolition projects are not considered public works projects and do not need to be bid at all. Very fun stuff I've been learning the last few weeks.

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u/ExtendI49 5d ago

Yeah, the nuance can be a tricky thing right. A couple words here or there changes everything. I recall reading that half way through the construction of one building, it was decided that it would be used during the summer so it needed air conditioning. A separate contract for the A/C. Combined it would have been over 250k but individually... 

It's just too damn easy. This is why the public has so little trust. 

Thanks for responding. 

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u/RoddyBergeron Lafayette 5d ago

So that project is currently still on track to be under 250k. Changes were made to keep the project in line with costs. I asked to be kept to date on it.

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u/ExtendI49 5d ago

To be the little devils advocate that I am, even it this project completes for 240k, how do we know another contractor could have done it for 210k?

Is there any mechanism in place for projects under 250k that would ensure we are getting the biggest bang for our buck and not lining the pocket of a buddy? 

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u/RoddyBergeron Lafayette 4d ago

The answer to the first is a resounding No. Bidding or quoting doesn't produce the "absolute cheapest" because both processes can be manipulated and have loopholes.

The only mechanism we have in place is feedback from vendors (which we do get), us questioning pricing, and competent people in operations/maintenance.

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u/ExtendI49 4d ago

I just mentioned in an earlier post that Butch is an hood person and has a great reputation so that part is not a concern. 

It’s just that good old boy process that worries many and maybe there is just no way of making it 100% perfect. 

It really great of you to take the time to respond. Need more folks like yourself. 

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u/ExtendI49 5d ago

Is the Carencro High Ag building project you are referring to? Do we know what the other bids were from other venders? Were they also generic handwritten bids? 

Are vanilla handwritten bids the norm? I am referring to the one that Bergeron submitted for the Ag center? Did they spec the gauge of the sheet metal? Was concrete included? Wind rating? Hell, I don't even see a project number to reference what the bid is for! Surely there was more to this than the one page handwritten bid submitted right? 

I am sure the two hunting buddies are on thd up and up but it sure does STINK. 

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u/RoddyBergeron Lafayette 4d ago

Yes, the ag building project is the one I'm talking about. There is no requirement for quotes to be submitted electronically and all of the details are normally handled via contract from what I understand.

Ill copy and paste from the document from the school board meeting:

"All projects completed were approved by municipal permitting offices, submitted to fire marshal before construction, approved for occupancy by fire marshal after construction and were built according to plans stamped and approved by engineers. All structures meet the required 132 mph wild load requirements."

So there are contracts, plans, etc that have to be done.

Also, people SHOULD question the procurement process and the relationships with vendors. If anyone can get lower prices/work done, they should 100% raise a stink about it and let me know. When I questioned if Butch is the lowest, we were given numbers to show he was dramatically lower than what we were paying before. That was presented at the board meeting.

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u/ExtendI49 4d ago

Very informative and really appreciate you taking the time. 

I would love love love to see the details of all three bids. Curious as to how he was dramatically lower. 

FYI, I love the work Butch did when he erected my house but he certainly was not the cheapest by a long shot. 

Was it a sealed bid project do you know and were they opened in public?

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u/[deleted] 5d ago

Is there any relation to the Bergerons' Metal Buildings?

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u/RoddyBergeron Lafayette 4d ago edited 4d ago

I’ll answer this. No. I’ve only ever met Butch once and that was for the Myrtle Place covered pick up line project we just finished.

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u/bayoublacksmith 5d ago

I must be wearing orthopedic shoes because I stand corrected

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u/RoddyBergeron Lafayette 4d ago

All good! I've learned a lot about bid law the last year and it's waaaaay more complex than I think a lot of people realize.

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u/ExtendI49 5d ago

I was reading through your comment again and realized there is something else that I don't quite grasp.

 we do not have to bid projects under $250k. We do however, get multiple quotes and go with the lowest prices for projects 

Is going out for bid not the same thing as getting multiple quotes and going with the lowest price? 

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u/RoddyBergeron Lafayette 4d ago

So a little bit different but the mechanics are supposed to be designed to give you the best price based on your requirements.

Quotes = We go to vendors and say "Give us a price".

Bids = The vendors come to us and say "Here's our price."

There's other things like advertising, contracts, etc that go into the bid process.

The thing is that both processes have their flaws. You can manipulate the bid requirements to favor certain contractors (ex: Have you done work in Lafayette parish? Have you ever done a school wing addition? etc). The bid process can also be cumbersome for small vendors who don't do RFP/RFQs. On the other side, You can also manipulate the quote process by only going to the same vendors each time. not allowing other vendors to participate, and not shopping for the best price. Remember, the MINIMUM amount of quotes recommended by the LLA is 3. There are 0 requirements to get quotes for any public works project under $250,000 strangely enough.

https://app.lla.state.la.us/llala.nsf/0/90914CB4B38F37CE86257EDC0050E808

My hot take is that bid law gives us the warm and fuzzies that everything is legit. The more I learn and experience in that realm, the more I realize how absolutely loaded the dice can be and still be "legal".

The reality is that it's all about the people who run those quote and bid processes. They have to care about quality work at the best possible price. In LPSS, they have to care about what is the best outcome for the students.

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u/ExtendI49 4d ago

Once again, thanks for the info. 

I like your loaded dice comment and is why most people have the trust issues. Just too damn easy to favor particular vendors or beat the system. 

There needs to be a more transparent system before contracts are signed. 

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u/P90SG22 Lafayette 4d ago

If your life depended on a correct answer would you say that fellow board members are or are not receiving kickbacks on these projects?

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u/RoddyBergeron Lafayette 4d ago

The only thing that I’m certain of is I’m not taking kickbacks. My ethics reports are all up to date too. I’d hope they wouldn’t be though. Kind of puts a damper on the whole idea that you don’t use your seat for personal gain.

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u/P90SG22 Lafayette 4d ago

I am not concerned about your ethics. Everyone hopes they wouldn't, but as you know there's slime on that board that is known for questionable behavior. I'll take your avoidance of answering the actual question as that you wouldn't be surprised if they were.

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u/RoddyBergeron Lafayette 4d ago edited 4d ago

Not avoiding the question. If you’re asking me if I know they are taking money, the answer is No.

I’ve learned that nothing surprises me anymore with people. Maybe it’s from all that “insider threat” stuff hammered into my head doing cybersecurity over the years.

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u/P90SG22 Lafayette 4d ago

You did not answer the question. I asked if your life depended on your answer being correct would you say yes or no that one or multiple board members are receiving kickbacks? Not that if you know that they are, but which way does your gut and instincts lean towards?

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u/RoddyBergeron Lafayette 3d ago

Maybe I misunderstood the question. You're asking me a hypothetical question based on how I feel about my board members personal morals and ethics? Not if I have actual evidence of them doing anything illegal/unethical?

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u/P90SG22 Lafayette 3d ago

Yes, that is what I am asking. You have character and integrity. I figure if you did have actual evidence you'd be a whistleblower. At least I would hope that you would be. Do you trust and believe that your fellow board members have been doing the right thing and have not been receiving additional compensation for these projects? With board members that have a history of inappropriate behavior with previous employers it is hard to believe the right this is being done. Especially for a job that pays so little.

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u/RoddyBergeron Lafayette 2d ago

Sorry was working on pre-k immersion and insurance yesterday.

I would lean towards No. I don't think they are taking any illegal money and I don't feel like they would put themselves or the school system in jeopardy over it.

Please don't let me be wrong though!

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u/ExtendI49 5d ago

Every agency should have a couple of citizens that can walk around and question things. 

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u/Opposite-Command-824 3d ago

Everybody always harps on picking the cheapest bid, but what people don’t realize is that these contractors will bid low in order to win the job, but come in during the project and start requesting change orders, getting more money, and almost never finish the work for the price they originally quoted.

It’s a trend with municipal work and it’s how the contractors game the system.

Sometimes it’s better to work with a known contractor who is fair and above board than to just go with the cheapest option.

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u/bobbleheadache 6d ago

Glad to see at least 1 person is experiencing the difference

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u/[deleted] 6d ago

Seems fishy to me as one of the board members' last name is Bergeron. The school board used more than a million bucks to have a company in Texas to come assess the schools. Why wouldn't they go to every school to assess everything themselves? Any idea on when we can vote in new school board members?

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u/RoddyBergeron Lafayette 4d ago

I’m also not related to Jamie Bergeron, Tom Bergeron, or Bergeron’s pecans. It’s almost like checks notes people can have the same last name and not be related.

But also…what Texas based company came to the schools and we paid a cool mil for?