Tracy Warner has a good blog entry following up on an editorial in the Journal Gazette on the subject of disclosing the losing Toll Road bids. Both state that current law requires disclosure of the losing bids. It’s been a few months since I read IC 5-23 governing public-private agreements, so I’ll take their word for it. The Toll Road sale enabling legislation, HB 1008, doesn’t require disclosure of losing bids until closing on the bid has taken place.
Chuck Schalliol has this disingenuous explanation for the provision:
“If I am bidder No. 2 or 3 or 4, and I know what the lower bid is, I could come back and say I’ll walk away from my $75 million letter of credit and bid $1 more than the next lowest bidder,†he told members of the Senate Finance Committee last week.
I presume he means that he could do this if he was the highest bidder. But that’s what bid bonds are for. You could really put stiff penalties in place through the bidding process for this kind of shennanigan. That’s like free money to the State if someone walks away from the deal in that fashion and has to cough up a ton of money as a result.
The bottom line is that the Indiana Coalition for Open Government is right:
The Indiana Coalition for Open Government has protested the legislation’s provisions: “Under the proposed HB 1008, the losing bids will not be available until the final contract is signed and the state receives its check – considerably too late in the process for citizens, media or other bidders to question provisions in the selected bid.â€
This whole process has been bass ackward. Solicitation for bids first, followed by a request for authority to do what they requested bids for, with the whole process done in secret. Meanwhile, the Governor has misrepresented what the terms of the proposed lease actually are (no requirement specifying at least $4.4 billion in maintenance, no enforcement mechanism for maintenance standards, only a 90% Buy Indiana “goal” rather than a requirement.) All of this the Governor is trying to ram through the legislature with heavy pork for waivering Republicans in affected counties.
A 75 year lease of a major piece of Indiana’s transportation infrastructure is too big a decision to be made in this slipshod fashion. It needs to be conducted under the full glare of public scrutiny under a well-considered process. This may well be a good deal for Indiana — I certainly have my doubts, but I could be wrong. But the Governor’s efforts to cut corners has made the current process unreliable. We should not be asked to have faith in the Governor. To make this decision, we should have a sound process in place that inspires confidence in the outcome.