Feb 27, 2007 By Amy Zalar 3 min read

An employee of the company that was unsuccessful in obtaining a new lease agreement with Fayette County for 42 copiers has sued the Fayette County commissioners and is asking a judge to force the commissioners to award his employer the contract. Dale Speggen of Uniontown filed the lawsuit as a resident and taxpayer of Fayette County, but is also listed on the bid order as the contact person for Ford Business Machines Inc. The company currently has the copier lease agreement with the county.

Last week, the commissioners awarded a five-year lease contract for 42 copiers to Ricoh Business Systems of Bridgeville at a total cost of $280,140, which did not include a charge for paper. Commissioners Joseph A. Hardy III and Vincent A. Vicites voted in favor of the motion, while Chairwoman Angela M. Zimmerlink cast the negative tally.

Speggen’s suit claims Ford Business Machines was the low bidder for the copy machine contract and should have been awarded the contract instead of Ricoh. The complaint is asking that the awarding of the bid should be declared invalid, that the bid submitted by Ford Business Machines should be declared the low bid and the contract should be awarded to Ford.

The suit is also asking for an injunction prohibiting the commissioners from awarding the bid to Ricoh and “such other relief as the court deems necessary and proper.”

Ford Business Machines submitted a bid with a lower monthly cost that Ricoh, at $279,370 overall, but Ford’s bottom line did not include an additional charge for paper in the tax assessment office. When that figure was calculated in, Ford’s total cost reached $284,160.

The complaint alleges the “unauthorized and impermissible varying of the bid specifications and alteration of the bid documents” increased Ford’s bid, which led to the commissioners awarding the contract to Ricoh.

Prior to the commissioners taking action, county manager Warren Hughes explained that officials from both Ricoh and Ford Business spoke with James A. Hercik of the tax assessment office regarding how much paper would be needed for that office.

Hughes earlier said because the copier in the tax assessment office uses a larger machine and more paper, it was included in the specifications that bidders must speak with the tax assessment office regarding the needs for that office.

Ricoh offered to provide paper at no charge and Ford Business charged for the tax assessment copier paper, which raised Ford’s bid.

Prior to the vote, county solicitor Sheryl Heid recommended the action, saying Ricoh was the lowest responsible bidder.

Hughes earlier said ComDoc of Pittsburgh submitted the lowest bid, but that bid was rejected because it did not meet the bid specifications. The commissioners were set to award the contact last December, but ended up rejecting all bids and rebidding it because it was determined that the specifications were not clear. The bid specifications were then changed before the contract was put out to bid again.

The complaint for declaratory judgment and injunctive relief was filed Monday in the office of Prothonotary Lance Winterhalter. The suit was filed by attorney Gary J. Matta of Dodaro, Cambest and Associates P.C. of Pittsburgh against the board of county commissioners, and does not name the commissioners individually.

The injunction request will be heard in motions court at 9 a.m. on Wednesday.