Parish rules out companies without two years of experience in 'curbside collection, processing and marketing of recyclable materials'
As the latest plans to revive public recycling in Jefferson Parish arrive Wednesday, one New Orleans garbage company has already begun preparing for the worst outcome of any competition: disqualification.
View full sizeThis Richard's Disposal crew was photographed in Broadmoor in New Orleans in January. Richard's Disposal Inc., whose first offer was dismissed during a previous evaluation of curbside recycling programs, has laid the groundwork for an official protest even before submitting a new proposal. Its core dispute is new language in the parish's latest request that explicitly excludes companies without two years of experience in "curbside collection, processing and marketing of recyclable materials" from substituting their experience as garbage collectors in their proposals.
The new edits "appear to be, quite frankly, designed specifically to preclude the local vender, Richard's Disposal, from bidding," said Daniel Davillier, an attorney for Richard's Disposal.
Parish Attorney Deborah Foshee said the new request was not meant to deter Richards from resubmitting a proposal, but rather to lay bare that only offers from companies with two years' experience in recycling will be accepted.
"That is new language, but that was already the case before," she said.
The process of restarting recycling in unincorporated Jefferson and Jean Lafitte has itself been recycled three times under two administrations. After two failures to revive the program in 2008 and 2009, the Parish Council scuttled the latest attempt in May after an evaluation committee rejected one company, Waste Pro USA, only to later deem it to have met their minimum requirements.
But that action came well after Richard's Disposal had been already removed from consideration.
The company never collected recyclables until two months ago under a new contract with New Orleans. But collecting recyclables is not a far stretch, Davillier said.
"There's really no material difference in that and the extensive experience Richard's has in collecting municipal solid waste," he said.
In a July 13 letter to a member of the evaluation committee, Assistant Parish Attorney Jacques Molaison, Davillier also argued that two other proposals accepted during the last go-around should have been thrown out on the same grounds. He said Waste Pro, a Florida company, hadn't done business long enough in Louisiana to qualify. And IESI Corp., which is based in Texas and holds Jefferson's garbage collection contract, did not show that its Louisiana subsidiary had enough recycling experience either, he said.
Foshee said the parish hadn't responded to Davillier's letter because the evaluation process hadn't begun and Richard's Disposal had not offered a new proposal.
"The answer is that until all the submissions are in, we're not going to make a determination about any challenges," she said. "We'll address all those after all responses to the RFP have been received."
Davillier said Richard's Disposal intends to re-enter the competition. All proposals are due with the Purchasing Department by 4 p.m. Wednesday.
"If they have any complaints about the other submissions after all the submissions are in, (parish officials) will be happy to look at it," Foshee said.
Richard Rainey can be reached at rrainey@timespicayune.com or 504.883.7052.