Addendum to the Appeal of Bid Award to Less Qualified Contractor than Bidder Creative Concepts Systems for RFP No. P1011001241001, Submittal Deadline: Friday, October 16, 2009.
This is additional information which was not available when the letter of appeal was sent to all parties by email on Monday, November 2, 2009.
1. The appellant, Creative Concepts Systems has concerns that modifications may be in progress on the website of the successful bidder in order to create a more favorable impression. On Thursday, November 29, 2009 a verbal request was made to Denise Curl by Suzanne Brooks in the conference room of the Sacramento Office of Youth Development that the documents of the winning bidder and the responses of the Office of Youth Development would be secure from after-the-fact modifications. This request was repeated by Suzanne Brooks to Lyn Corbett in the conference room of the Office of Youth Development in the presence of Denise Curl, Roger Jamison and Charlesetta Stalling. No direct reply to this concern was every made by Lyn Corbett or Denise Curl.
On November 1, 2009, the website of the winning bidder was reviewed at which time a brief diversity statement, not seen previously, was noted. For this reason, mention of the concern that documents be secure from modification was included in the appeal letter of November 2, 2009 which was emailed to all recipients. Since none of the emails to City of Sacramento officials, representatives or employees was returned, it appears that all were successfully transmitted.
2. On November 3, 2009, a letter was received from Lyn Corbett, Director, Sacramento Office of Youth Development notifying Suzanne Brooks that Creative Concepts Systems did not get the award and that she could meet with him for debriefing.
Despite its backdating, this letter was not written before October 30, 2009 as Denise Curl affirmed in face to face meetings on October 28 and 29 with Roger Jamison and Suzanne Brooks respectively. Then on October 30, Lyn Corber affirmed to Suzanne Brooks, Roger Jamison and Charlesetta Stalling in a face to face meeting that he had not finished the letter and that it would be sent out the week of November 2 by email.
On Friday, October 23, when the telephone notice of the outcome of the review of the RFP was made, the caller stated that a letter would be mailed the following week. However, telephone communication on Tuesday, October 27 and all statements thereafter indicated that an email would be sent. No email has ever been received.
While Mr. Corbett backdated his letter to Wednesday, October 28, 2009, it was postmarked November 2, 2009. The backdating was contradicted by Denise Curl on Wednesday, October 28 to Roger Jamison and to Suzanne Brooks on Thursday, October 29, both in face to face meetings, at which time Ms. Curl stated unequivocally that Lyn Corbett was still developing his letter which would be emailed to Creative Concepts Systems the following week.
Then three of us--Jamison, Stalling and Brooks--met with Lyn Corbett and Denise Curl on Friday, October 30 at which time Mr. Corbett repeated the information that his letter was not ready and would be emailed the week of November 2, 2009.
For the record: note that mail from Sacramento City Hall requires only 1 day from being postmarked to being received, as is in evidence by Mr. Corbett's letter which he postmarked on November 2 and was received by Creative Concepts Systems on November 3, 2009.
The letter received from Mr. Corbett today, November 3, followed the appeal filed by Creative Concepts Systems by email on November 2. . The purpose of Mr. Corbett's letter is not known because Creative Concepts Systems had already been informed of the outcome of the considerations of the proposals submitted telephone and subsequently there were 3 meetings with Denise Curl and/or Lyn Corbett on October 28, 29 and 30. At each meeting the outcome of the grant award was the topic discussed and all requests to review the winning Panacea Services proposal were denied. The request for the appeal procedure was also denied by Mr. Corbett who has never provided any information about the appeal process, not even in or accompanying his backdated, late mailed letter.
In Mr. Corbett's backdated letter, he indicates his willingness to meet and debrief Creative Concepts Systems. In fact, we were in a meeting with him on Friday, October 30 and he steadfastly refused to "debrief" us.
Sending his backdated letter today makes no sense. Rather, it raises concerns about his credibility, as with the credibility of Ms. Curl who pretended to know nothing of Mr. Jamison being required to sign a FOIA document, when she was the person who required it, then still denied him access to the requested document. Access to the Panacea Services proposal has still not been made available as of this date, November 3, 2009. Nor has the bid information been posted on the City of Sacramento Office of Youth Development website, as other proposals and outcome are. Copies of Mr. Corbett's letter and envelope are attached.
It is hoped that some trustworthy intervention will be implemented in this matter. Since the funds for this project seem to have originated with the US Department of Justice, the question has now arisen whether the intervention should come from US Attorneys or the US Justice Department. Since no information has been provided, as requested, regarding the appeal process, the concerns are being presented to give the City of Sacramento the opportunity to resolve this matter fairly and transparently. Every effort was made to resolve the matter informally. Hopefully, it can be resolved through the appeal which has been made, including this addendum.
Yours truly,
Suzanne Brooks
Creative Concepts Systems