The Essex Junction City Council found no city policy violations after investigating a complaint regarding a recent bid process for IT services.
Simpleroute, based in South Burlington, was one of three finalists competing to be the new city’s dedicated information technology infrastructure provider after its separation from the town of Essex. The firm’s president, Brett Johnson, appealed the administration’s decision to choose a more expensive proposal from Open Approach, a Burlington company that currently handles IT for the town’s wastewater treatment systems.
Johnson and City Manager Regina Mahony testified during a hearing the city council held April 3 to address the complaint. The council found “there was no error or violation of the City of Essex Junction’s Purchasing Policy when Open Approach was awarded the contract for IT Services,” according to a decision dated April 11. The Essex Reporter first reported the news Wednesday.
“I am satisfied with the process and outcome of this situation,” City Council President Andrew Brown said in an email on Thursday. “From my perspective it further confirms that the City Council made the right decision in hiring Regina and I have no concerns about her credibility or integrity. She has clearly demonstrated how she is an ethical public administrator.”
The city’s decision to award the one-year contract to Open Approach stands.
Scott Bernoudy, CEO of Open Approach, said the final project cost was recently submitted to the city and is about 30% lower than the “worst-case scenario” amount submitted in the original bid. He declined to share the actual amount until the city processes it.
He said he appreciates the challenge, the city’s handling of it and the administration’s ability “to see that not always is the lowest bid the right way to go.”
He said he expects the contract to be signed in the next week or two.
“Obviously we’re disappointed in where they landed with it,” Johnson said. “I believe that we offered a really compelling option that would have saved them a lot of money.”
He maintains it is unusual for a municipality to not pick the lowest bidder, especially when the city’s own purchasing policy states its purpose is to “obtain the highest quality goods and services … at the lowest possible price.”
In a March 17 letter, Mahony responded to Johnson to say “while cost is a criterion it isn’t the only factor” in choosing among bidders. With seven criteria considered — including expertise, experience and project approach — Open Approach scored the highest among the majority of the reviewers of the bids, she wrote.
The April 11 decision notes Mahony “not only complied with but went beyond the
requirements of the City’s Purchasing Policy to provide an additional layer of fairness
and accuracy by appointing an eight-member proposal assessment committee, which
included the Essex Town Information Technology Director.” It described the committee’s analysis as “thorough and fair.”
Johnson said he does not plan to appeal the decision but intends to watch for the final contract and for the renewal or bidding process next year.