Geezah
06-14-2006, 09:29 AM
The California Highway Patrol restricted bids on a $5.3 million gun contract to a single Smith & Wesson pistol, even though a rival manufacturer offered almost identical weapons for $2.2 million less.
SigArms Inc. alleged in April 10 letters to Gov. Arnold Schwarzenegger and CHP Commissioner Mike Brown that the state's decision to favor Smith & Wesson was improper and contrary to state contract regulations, which require competitive bidding for big government purchases.
"Historically, when governments or companies have not used the competitive bidding process, waste and corruption have often been the result," SigArms general counsel Eric Cook wrote.
The CHP confirms it restricted bids to a .40 caliber Smith & Wesson semiautomatic pistol, but it denies that it breached state rules.
In a letter to SigArms, Brown said the decision favoring Smith & Wesson was made to save taxpayers' money and prevent CHP officers from being hurt while learning to use new pistols. His letter was obtained by The Bee under the state Public Records Act.
Last month, Smith & Wesson announced the CHP had ordered 9,736 semiautomatic pistols, known as the 4006TSW. The guns will replace 7,718 older Smith & Wesson 4006 pistols that the CHP bought in the 1990s, ensuring a large stock for new recruits.
The contract was signed after what state officials described as a round of competitive bidding overseen by the Department of General Services.
Yet there was nothing competitive about the bidding, according to memos and bid documents obtained under the state Public Records Act.
A rush to quickly fill the holsters of new recruits may have been the reason why the CHP wanted Smith & Wesson.
Assistant CHP Commissioner Kevin Green said his agency was running out of older 4006 duty pistols. The Highway Patrol had fewer than 200 in stock, with more recruits ready to graduate from the academy, Green said.
CHP administrators said they believed they didn't have time to run a formal evaluation process involving several competing guns.
"If we had done a study, it would have taken several months to complete," Green said.
The Department of General Services issued invitations to bid for the CHP gun deal in late March.
General Services invited potential suppliers to deliver 9,736 new pistols over three years, but included a condition: All bids must offer only the Smith & Wesson 4006TSW semiautomatic pistol.
When SigArms, a seller of rival semiautomatic pistols based in Exeter, N.J., learned of the brand and model restrictions, it denounced the process as a sham.
In his letters to Brown and Schwarzenegger, SigArms' Cook said his firm sells two pistols that meet all CHP specifications, except those involving the Smith & Wesson brand and model.
Cook urged Schwarzenegger and Brown to drop the restrictions and hold an open competition.
SigArm pistols are used by the Nevada Highway Patrol, the U.S. Secret Service, federal air marshals and 17 major state police agencies. Police agencies in Sacramento city and county use SigArms Sauer pistols.
Rita Hamilton, a General Services deputy director, answered Cook's letter on April 26 _ after the bid deadline expired. She said the brand and model restrictions did not breach state regulations.
"The CHP has determined that this weapon has unique performance factors that warrant limiting this purchase," wrote Hamilton, without elaborating.
Despite picking a sole brand, Hamilton said General Services had established that its gun purchase could be made using competitive bidding.
DGS identified four companies "capable of bidding" to supply Smith & Wesson 4006TSW pistols, in addition to manufacturer Smith & Wesson itself, she said.
Paul F. Dauer, a Sacramento attorney who specializes in government procurement cases, said state law prohibits bureaucrats from drafting restrictive requirements to limit contract competitions.
The SigArms offer quoted guns at $599 each, while Smith & Wesson's quoted $683 each.
SigArms also offered a $349 per gun trade-in for the old CHP Smith & Wesson 4006 pistols _ a total credit of $2.7 million. Smith & Wesson offered a trade-in credit of $170 per gun.
In an April 6 letter responding to SigArms' offer to sell the CHP guns, Commissioner Brown said that his agency had 15 years of training invested in the Smith & Wesson 4006 pistol and that the CHP was unwilling to change its weapon, even though the newer 4006TSW is not identical.
"The dependability and performance of the currently issued pistol has been proven in the field, allows for the use of existing training magazines and magazine pouches, and does not require additional training for personnel," Brown wrote. "Converting to a different weapons system will require a learning curve that could jeopardize officer safety."
Link (http://www.shns.com/shns/g_index2.cfm?action=detail&pk=CHP-PISTOLBIDS-06-12-06)
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SigArms Inc. alleged in April 10 letters to Gov. Arnold Schwarzenegger and CHP Commissioner Mike Brown that the state's decision to favor Smith & Wesson was improper and contrary to state contract regulations, which require competitive bidding for big government purchases.
"Historically, when governments or companies have not used the competitive bidding process, waste and corruption have often been the result," SigArms general counsel Eric Cook wrote.
The CHP confirms it restricted bids to a .40 caliber Smith & Wesson semiautomatic pistol, but it denies that it breached state rules.
In a letter to SigArms, Brown said the decision favoring Smith & Wesson was made to save taxpayers' money and prevent CHP officers from being hurt while learning to use new pistols. His letter was obtained by The Bee under the state Public Records Act.
Last month, Smith & Wesson announced the CHP had ordered 9,736 semiautomatic pistols, known as the 4006TSW. The guns will replace 7,718 older Smith & Wesson 4006 pistols that the CHP bought in the 1990s, ensuring a large stock for new recruits.
The contract was signed after what state officials described as a round of competitive bidding overseen by the Department of General Services.
Yet there was nothing competitive about the bidding, according to memos and bid documents obtained under the state Public Records Act.
A rush to quickly fill the holsters of new recruits may have been the reason why the CHP wanted Smith & Wesson.
Assistant CHP Commissioner Kevin Green said his agency was running out of older 4006 duty pistols. The Highway Patrol had fewer than 200 in stock, with more recruits ready to graduate from the academy, Green said.
CHP administrators said they believed they didn't have time to run a formal evaluation process involving several competing guns.
"If we had done a study, it would have taken several months to complete," Green said.
The Department of General Services issued invitations to bid for the CHP gun deal in late March.
General Services invited potential suppliers to deliver 9,736 new pistols over three years, but included a condition: All bids must offer only the Smith & Wesson 4006TSW semiautomatic pistol.
When SigArms, a seller of rival semiautomatic pistols based in Exeter, N.J., learned of the brand and model restrictions, it denounced the process as a sham.
In his letters to Brown and Schwarzenegger, SigArms' Cook said his firm sells two pistols that meet all CHP specifications, except those involving the Smith & Wesson brand and model.
Cook urged Schwarzenegger and Brown to drop the restrictions and hold an open competition.
SigArm pistols are used by the Nevada Highway Patrol, the U.S. Secret Service, federal air marshals and 17 major state police agencies. Police agencies in Sacramento city and county use SigArms Sauer pistols.
Rita Hamilton, a General Services deputy director, answered Cook's letter on April 26 _ after the bid deadline expired. She said the brand and model restrictions did not breach state regulations.
"The CHP has determined that this weapon has unique performance factors that warrant limiting this purchase," wrote Hamilton, without elaborating.
Despite picking a sole brand, Hamilton said General Services had established that its gun purchase could be made using competitive bidding.
DGS identified four companies "capable of bidding" to supply Smith & Wesson 4006TSW pistols, in addition to manufacturer Smith & Wesson itself, she said.
Paul F. Dauer, a Sacramento attorney who specializes in government procurement cases, said state law prohibits bureaucrats from drafting restrictive requirements to limit contract competitions.
The SigArms offer quoted guns at $599 each, while Smith & Wesson's quoted $683 each.
SigArms also offered a $349 per gun trade-in for the old CHP Smith & Wesson 4006 pistols _ a total credit of $2.7 million. Smith & Wesson offered a trade-in credit of $170 per gun.
In an April 6 letter responding to SigArms' offer to sell the CHP guns, Commissioner Brown said that his agency had 15 years of training invested in the Smith & Wesson 4006 pistol and that the CHP was unwilling to change its weapon, even though the newer 4006TSW is not identical.
"The dependability and performance of the currently issued pistol has been proven in the field, allows for the use of existing training magazines and magazine pouches, and does not require additional training for personnel," Brown wrote. "Converting to a different weapons system will require a learning curve that could jeopardize officer safety."
Link (http://www.shns.com/shns/g_index2.cfm?action=detail&pk=CHP-PISTOLBIDS-06-12-06)
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