Ansonia Sued Over School Roof Project Bidding Process, Deadline Extended

ANSONIA – A Cromwell-based company filed a lawsuit Sept. 19, accusing the city of unfair bidding practices.

Roofing contractor The Imperial Company said the city sent out a set of bid specifications that denied their company a fair shot at a bid to do work at Ansonia High School.

However, city corporation counsel John Marini told The Valley Indy that the company and the city talked out their issues after the lawsuit was filed. He said the city is extending the bid deadline to accommodate their concerns.

Attorney Jay Lawlor, who is representing the plaintiff, said the city had agreed to extend the deadline and modify the bid specifications.

According to the lawsuit, the city sent out an invitation to bid on a project to replace parts of the high school’s roof Aug. 27. The bid specifications required bidders to get their roof panels from a single company – Ohio manufacturer Garland Company, Inc. – or submit an alternate manufacturer for the city to consider.

However, the lawsuit alleges the bid timeline was too short for bidders to get alternate manufacturers approved. The original deadline for bids was Sept. 16, which was extended to Sept. 23.

The Imperial Company said even after that first extension, the short timeline effectively locked all bidders into hiring Garland as their manufacturer. Because The Imperial Company isn’t licensed to install Garland-manufactured panels, it had no realistic way to submit a bid, according to the lawsuit. 

Additionally, other technical specs were specific to systems manufactured by Garland, making it difficult to get any alternate manufacturers approved.

“The Defendant is effectively steering the award of the Project away from Imperial in favor of other bidders,” said an affidavit signed by Imperial company president Bruce Raulukaitis. It is also effectively and unnecessarily steering all prospective bidders to Garland at great additional expense to the general public.”

The lawsuit says the bid restrictions violate state competitive bidding laws. It says, since the project is funded in part by state tax money, it’s subject to state regulations.

Marini, in a phone call with The Valley Indy Sept. 29, said the city didn’t violate the law. He said the rules cited by The Imperial Company only regulate projects for state-owned buildings and not local school projects.

However, he said the city agreed after meeting with the company to extend the bid deadline by an additional five weeks, to Oct. 27.

“We don’t believe there’s any merit to the concern, but speaking with the board of education and their architects, we’re trying to find a way to be as inclusive as possible,” Marini said.

He said the city is still working with The Imperial Company to figure out what other revisions to the bid specs can be made.

Lawlor, the attorney for The Imperial Company, said the original bid specifications would allow the city to accept or deny a proposed alternate manufacturer for almost any reason. He said he was seeking a revision that would obligate the city to accept “reasonable equals” to Garland Company’s products.

“The city seems to be putting its best foot forward,” Lawlor said. “At least according to my client, there’s an opportunity for the city to save quite a bit of money if it allows a meaningful substitution process.”

A hearing was held Sept. 22, according to the state judicial website. No additional hearings are currently scheduled.