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Rules on road bid raise questions
By JEFFREY S. SOLOCHEK, Times Staff Writer BROOKSVILLE -- Adams Engineering and Coastal Engineering have battled for government projects for years. As Hernando County firms, they competed on the merits of their proposals, never worrying that one might beat out the other in the ranking because of local preference. Then, earlier this year, Adams was sold to Clearwater-based TBE Group. Suddenly, Coastal officials contended, Adams no longer could claim points in the ranking system as a local company. It had become an out-of-county business, they argued. Not so, Adams executives responded. Though the firm's main office now was outside Hernando, it maintained a primary office in Brooksville. And under the county's bidding rule for professional services, they said, a "primary or main" office qualified for the points. The dispute came to a head Tuesday over the ranking of firms to design the expansion of Sunshine Grove Road. Commissioners, bolstered by legal advice, sided with Adams. "This is the sort of dilemma we were trying to avoid," Commissioner Chris Kingsley said, referring to the commission's 2000 revision of the bidding rules. "It almost comes down to the two companies, as opposed to the policy. Mr. Adams' company has always been considered local." Commissioner Betty Whitehouse agreed. The only thing that changed about the company was its ownership address, she said, and it should not be penalized for that. Moreover, she added, Adams had spoken to county staff members and was told the change would not affect his status because the rating criteria included the word "or." It would not be fair, Whitehouse concluded, to spurn Adams after that advice. Coastal representatives grumbled that the commissioners' stance was "ridiculous" as they listened from the audience. Outside the meeting room, company lawyer Tom Hogan Jr. expanded. "There is no more local preference as a result of their vote," Hogan said. "They see Mr. Adams sitting there, and they are accustomed to Mr. Adams being a local engineer. Because of the personalities involved, they could not bring themselves to vote against Mr. Adams. The result is national firms are now treated as local firms." He attempted to convince commissioners of that position during a presentation in which he stated the distinction between a main and primary office should not exist, because it would defuse any effort to give added credit to local firms. Supporting local business was the commission's clear intent when it rewrote the rules two years ago, he said. "There is no more Adams Engineering," Hogan told commissioners. "TBE is a Clearwater company. No question, Mr. Adams has been here for years. But Mr. Adams' company no longer exists." Daryl Johnston, representing Adams, argued that Adams Engineering remains a local firm despite its sale. He said it is a division of TBE Group and Mr. Adams is an assistant vice president with decisionmaking authority. The Brooksville office, though not the company headquarters, is a primary office under the county's ordinance, Johnston contended. If the commission wants to change policy, he said, "that should be for another day." It should enforce the rule as written for now, though, Johnston urged. He criticized Coastal for challenging Adams' standing, saying Coastal usually supports local economic development and Adams would be hurt if it loses status. "It is a local firm, folks, and it will remain one," Johnston said. Kingsley agreed with Coastal that the commission intended to give local preference. However, he added, the rule was vague. Commissioner Diane Rowden said the whole rule should be revised again to lessen the likelihood of future problems. She made a motion to follow the rule as written in this instance, but to have the staff quickly propose improvements in the ordinance. The commission unanimously agreed to support the rule in this case. Commissioner Mary Aiken opposed the idea of rewriting the ordinance for the future. -- Jeffrey S. Solochek covers Hernando County government and can be reached at 754-6115. Send e-mail to solochek@sptimes.com.
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