It’s legal because Facilities Contracting Policies & Procedures says it is!

Posted on November 8, 2010


  1. The bidding process is murky and does not rely on the lowest qualified bidder.
  2. There is no requirement to adhere to competitive bidding statutes
  3. There is no requirement to competitively bid individual jobs over a certain dollar value thereby stimulating competitive bidding with more participants
  4. There is no mechanisms in the FCPP to discourage or eliminate favoritism, fraud or corruption in the bidding process.
  5. FCPP does not necessarily embrace the best of modern practices and research.
  6. FCPP is not uniform with public contract code and does not resemble it in any way, shape or form.
  7. FCPP and the AOC do not recognize OCCM projects as Public Works Projects.
  8. FCPP defines no electronic means to submit a bid.
  9. FCPP lacks the definition of a responsive bidder.
  10. FCPP has no requirements for WMBE or small business participation.
  11. FCPP has no requirements for disabled veteran participation.
  12. FCPP lacks requirements to list participating subcontractors doing any percentage of the work in any given bid which invites bid rigging and bid shopping.
  13. FCPP does not endorse acceptance of the lowest responsive bid. 
  14. FCPP makes no effort to define what a small business is nor does it define any small business participation goals.
  15. FCPP does not specifically accept WMBE certification from other certifying agencies.
  16. FCPP has no contractors licensing, bonding or workers compensation requirements.
  17. FCPP has no provision to lower the cost of ownership by specifying technology they already use and can afford to support.
  18. FCPP does not address bid shopping or bid rigging and provides no investigative, oversight or enforcement mechanism to prevent bid shopping or bid rigging, making them ineligible for federal stimulus funds.
  19. FCPP does not require or endorse a comprehensive engineering and technical review or change order sign-off of AOC engineering personnel prior to  putting projects out to bid, resulting in cost overruns, constructability issues and construction delays. 
  20. FCPP does not endorse, define or  specify escrow requirements.
  21. FCPP does not define prevailing wage or overtime wage requirements.
  22. FCPP contains no anti-discrimination, anti-retaliation or sweatshop free requirements
  23. FCPP does not indicate that monies recovered from debarred or unlicensed activity is returned to the awarding body (the AOC) as a result, it is returned to the general fund.
  24. FCPP provides no viable mechanism to reward the lowest responsible bidder for coming in under bid, under cost or ahead of schedule. (but they pay fat 30-35% bonuses for being under hyperinflated sole-source bids)
  25. FCPP defines no hazardous materials management requirements
  26. FCPP does not hold a contractor responsible for the damages they cause
  27. FCPP does not require contractors to certify they obey child and family support orders for all contracts over 100K
  28. FCPP does not define the management of retention proceeds between its contractors and its subs, potentially leaving the AOC on the hook for claims against the AOC.
  29. FCPP has no anti-day labor requirements, enabling contractors to pick up the illegal alien in front of Home Depot and put them on the job site.

I’ll expand more on this as I have time-

(reminder to self- I stopped before PCC 10220)