Very Unethical, yes. But Illegal???

[Kodiakguy]

I tried to search, not sure if this belongs here, but...

A HOA who I have worked for for several years went looking for bids again this year. Not a big deal. But last year a board member accused us of billing for services we didn't provide because he couldn't see rock salt on the street a couple hours after application. Even after the prop manager and I attempted to explain the concept to him of why he won't see the actual rock and that the street was clear of ice and snow when surrounding drives werent.

So this year the same board member told the PM he wanted his buddy's company to bid on the job, the PM said fine and would send a bid packet to that company. The board member then gave a copy of the contract, with my numbers on it, to his "buddie" who is submitting a bid for the job. The PM knows about it and is pissed, but apparantly is not able to prevent this particular company from bidding on the job.

We all know it's unethical, but is it legal? I know it wouldn't be in a public contract, but no sure about a HOA contract. Would it be considered a fixed bid?

Any input would be helpfull.

Thanks in advance!

[RLM]

Happens all the time, public or private doesn't matter. I'll give you a perfect example that happened to me this year.
Long story short. We have been doing work for a school distist, I did 3 schools, for the last 3 seasons, contract was up and it was going out to bid. On the first bid, I was low bidder on entire project it was per visit but over 6K per push about 14 trip/season average, you get the idea. The district decided they didn't have enough bids and sent it out for "re-bid", I bid same numbers as before, was underbid on entire project, on 2 of the sectors by $ 10 per sector.
Nothing I could do. I tried, even sent a nice letter to the school board pointing out that we use an Artic Sectional on our stuff so their costs would actually be less. They salt themselves, salt saving would be more than $ 10, then faclities cleaning savings on to of that.
Still went to other guy. Does it suck...yep. Combine that with the fact he only has enough equipment to do one sector, so he has to increase staff/equipment, and this is the only account he has. Does he have a big target on his back in 3 years, absoultly, & I have all his numbers now.

[grandview]

Move on,it will just get worst. We have HUD apartment building here you can bid on. Only problem is the company that plows most of them,his wife is in charge of the bidding.

[exclusive]

hey bro they are not supposed to give the other bidder your numbers at least not to let you find out about it

[grandview]

Originally Posted by exclusive

hey bro they are not supposed to give the other bidder your numbers at least not to let you find out about it

Ever since they stated making envelopes overseas,that glue just is like what it used to be.

[Mr.Markus]

Our town publishes your numbers in the local paper.....

Anyone in that HOA controlled property that pays fees has access to your numbers. My mother lives in a large retirement community, I know the numbers and contract wording and have never bid. (My mother thinks I'm a rocket scientist.)

[merrimacmill]

Yea, you can't really get too worked up about HOA's giving out numbers. If you have a 500 unit complex, theres 500-1000 people who have access to the numbers and contract specs. Out of that many people, at least a few will always have a "buddy who plows".

[Herm Witte]

You may wish to ask the PM if that board has a coflict of interest policy.