In a December 27, 2016 Order, Bucks
County Court of Common Pleas Judge Robert J. Mellon ruled that the Bristol
Borough Council acted properly in rejecting the noncompliant bids of Advanced
Disposal and Waste Management of Pennsylvania, Inc., and in awarding the
Borough’s five-year Trash Contract to J. P. Mascaro & Sons as the lowest
responsible bidder in compliance with the Borough’s Bid Specifications.
Judge
Mellon’s Order stated:
“Upon evidence submitted at the hearing
on December 20, 2016, this Court has determined that the bid submitted by J. P.
Mascaro & Sons was the only bid submitted that complied with the bid
specifications required by the Bristol Borough.”
Speaking
to the Bucks County Court Order, Mascaro General Counsel, William F. Fox, Jr.,
Esquire, said, “In this case, two disappointed bidders, Advanced Disposal and
Waste Management of Pennsylvania, Inc., through taxpayer suits, sought a
preliminary injunction against Bristol Borough, claiming that it had improperly
awarded the Trash Contract to J. P. Mascaro & Sons. The Borough and Mascaro countered that the lower
Advanced and Waste Management bids were disqualified from being accepted because
they did not provide the bid bond financial guarantee mandated by the Borough’s
Bid Specifications. Bucks County Judge
Robert J. Mellon agreed with the Borough and Mascaro and denied the requested preliminary
injunction, holding that both Advanced and Waste Management failed to comply
with Bid Specification requirements and that “J. P. Mascaro & Sons was the
only bid submitted that complied with the bid specifications required by
Bristol Borough.”
Mr.
Fox added, “Bristol Borough officials have been unfairly criticized for the
contract it awarded to Mascaro, when, in fact, the Borough could not have
lawfully awarded the contract to either of the two other disappointed bidders
because the Borough’s Bid Specifications specifically stated that ‘any bid
received without the required Bid Security shall be rejected.’”
Fox
continued, “These two disappointed bidders unnecessarily cost the Borough and
its taxpayers many thousands of dollars in litigating the contract award when,
as Judge Mellon concluded, a contract could not have been lawfully awarded to
either of the disappointed bidders because they failed to comply with the Borough’s
Bid Specifications, which are the rules and regulations that all bidders must
comply with for their bids to be considered for award.
“Both
of the disappointed bidders knew the rules of municipal bidding and should have
spent more time putting their bids together properly, instead of questioning
the Borough’s correct decision,” Fox added.
Speaking
to the Court decision, Mascaro company President, Pat Mascaro, said, “Our company
currently serves the Borough, and we look forward to serving the Borough and
its residents for the next five years with no price increase from what
households are currently paying and with more comprehensive services. I am disappointed that dedicated members of
Borough Council were criticized by some for the decision they made, but as it
turns out, Judge Mellon concluded that they made the proper and lawful
decision, and it is the two disappointed bidders who should be criticized for
bringing unfounded litigation that cost Bristol Borough taxpayers a lot of
money.”
J. P. Mascaro & Sons’ new
five-year Contract with the Borough commences on January 1, 2017.