Regarding the IEN contract.
Gov. Otter is right saying: “Time after time, the administrator was advised that that was legal, that he could actually bifurcate that contract.” He is wrong saying a Deputy AG gave the advice. Qwest representatives kept telling Mike Gwartney it would be OK to make a multi-vendor award and their attorneys had reviewed State code and determined it was legal. Qwest representatives were trying to influence the award of an RFP which is against the law.
State Purchasing law allows awarding contracts to multiple vendors under some circumstances; however those did not apply in this situation. The law allows awards to split the contracts horizontally among multiple vendors to supply the same services. It does not allow awarding one part of the services to one vendor and different services to another vendor by splitting the contracts vertically; that requires separate RFPs. Gwartney, determined not to award Syringa Networks any of the IEN business, made a decision that was illegal.
Qwest should have been debarred from doing business with the State for three to five years and Mike Gwartney should have been criminally prosecuted.
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Steve Maloney, Eagle