Amid significant controversy and multiple protests, the Attorney General’s Fair Labor Division has denied bid protests against the Amherst elementary school project, allowing the town to resume contract negotiations with CTA Construction Managers, LLC. The denial, made by Assistant Attorney General and Bid Unit Hearing Officer Shannan Leelyn, marked a critical turn in resolving accusations and disputes that could have delayed the project from moving forward. This development came after intense scrutiny of the procurement process and subsequent challenges by various workers’ groups and general contractors.
Investigative Findings on Procurement Procedures
Allegations against CTA Construction Managers
The North Atlantic States Regional Council of Carpenters, Foundation for Fair Contracting of Massachusetts, J&J Contractors, Inc., and Fontaine Bros., Inc., filed bid protests in early October 2024, contending CTA Construction Managers, LLC, received undue points for “Similar Project Experience.” These groups pointed out purported labor and wage violations and criticized CTA’s veteran-owned business plans. However, Leelyn countered that while issues existed with the town’s prequalification procedures, the burden of proving procurement improprieties remained unmet. Despite CTA’s project listing inaccuracies, the errors did not influence their overall score owing to the town’s scoring system that rewarded full points if bidders had at least one “similar project.”
The bid protestors further argued that CTA’s history of labor and wage violations, coupled with their failure to submit a timely veteran-owned business plan, should have disqualified them from consideration. Nevertheless, the town and CTA jointly countered, stressing that the protests were lodged too late and that all veteran-owned business requirements had been satisfied by an extended deadline. Ultimately, Leelyn sided with the town’s assessment, asserting that while flawed, the decision to award CTA 23 points was neither arbitrary nor capricious. Allegations of collusion were also discredited as speculative and unsupported by substantial evidence.
Consideration of CTA’s Previous Incarnation and Experience
An additional point of contention surrounding CTA Construction Managers, LLC, involved their use of experience from their former identity as CTA, Inc. The AG’s office expressed concern over this maneuver, though Leelyn indicated that this fell outside her jurisdiction. The Division of Capital and Asset Management and Maintenance’s decision to approve the name change still holds, emphasizing that without evidence of corrupt actions or detrimental reliance on misrepresentations by the committee, allegations of fraud could not be substantiated.
Furthermore, while addressing the submission deadlines for the veteran-owned business plan, Leelyn clarified that the town legally extended the deadline. Therefore, since no contract with Barber Drywall had been executed, a prevailing wage violation from September 2024 by this subcontractor did not bear on the current situation. Leelyn underscored that should Barber Drywall eventually be subcontracted, the town would need to address and rectify the wage violation at that time.
Path Forward for Amherst School Project
Clearing the Path for Contract Negotiations
With the denial of the bid protests, Amherst is now poised to move forward with contract negotiations with CTA Construction Managers, LLC. Town Manager Paul Bockelman announced continued negotiations during the December 16 Town Council meeting, highlighting both financial implications and potential delays that could stem from the protests. This pivotal meeting underscored the significance of resolving these disputes promptly to ensure the project’s momentum and to mitigate further financial strain.
The School Building Committee had planned to reconvene on December 20 to deliberate on the project’s next steps. This meeting aimed to revisit schedules and discuss strategies to stay on track amidst the aftermath of the protests and investigations. Despite the initial projection for the new school’s opening by fall 2026, uncertainties linger about potential adjustments in timelines due to the legal challenges and the extensive scrutiny faced during the prequalification process.
Reaffirming Process Integrity Amid Scrutiny
Amid significant controversy and multiple protests, the Attorney General’s Fair Labor Division has rejected bid protests against the Amherst elementary school project. This decision permits the town to resume contract negotiations with CTA Construction Managers, LLC. Assistant Attorney General and Bid Unit Hearing Officer Shannan Leelyn issued the denial, marking a pivotal moment in resolving the accusations and disputes threatening to delay the project’s progression. These disputes included intense scrutiny of the procurement process and the subsequent challenges posed by various workers’ groups and general contractors.
The denial of the bid protests is seen as a crucial step forward in the project, which had been embroiled in considerable controversy. The Fair Labor Division found no substantial reasons to uphold the protests. The rigorous review of the bids and compliance with the procurement process ensured that CTA Construction Managers, LLC, remained the suitable choice for the project. This outcome highlights the importance of adhering to strict guidelines in public projects, despite facing opposition from several groups. The town of Amherst can now move ahead with plans for the new elementary school.
