Northampton County Executive John Brown has signed an executive order for a no-bid contract to study a new jail. The deal is with DLR Group, a nationally based architectural firm. In doing so, Brown sidestepped the competitive bidding required under the county’s Administrative Code. At council’s June 1 meeting, solicitor Phil Lauer ruled that it is a sole source contract with no competitive bidding, and hence is contrary to what is required under county law. Lauer advised council that Brown violated a provision in the Administrative Code requiring that contracts for professional services to go through some type of bidding process.

Council President John Cusick told Brown that a jail study is sorely needed, “But I can’t help wondering if a step was missed in the process, and that step would have been to put out an RFP [Request for Proposals] right at the beginning.”

“I could understand putting out a bid just for the exercise,” said Brown. “I don’t think it’s an exercise,” countered Matt Dietz. “I think that’s how we’re supposed to run things.”

Peg Ferraro was troubled, too. “I just don’t understand how you can have a design without having a site selected,” she said. “To me, it sounds like you’ve already decided you’re probably going to have it in green space, probably out at Gracedale, instead of a high building like out at Lehigh County.”

Brown agreed that he’s already ruled out a highrise, as the cost would be exorbitant. He later said he’s looked at a dozen different sites throughout the county.

“I agree with the executive,” said Mat Benol, who has been one of Brown’s most faithful supporters. “I think we have to trust the expertise of [Director of Corrections] Keen.

“It seems like we’re so married to DLR at this point that DLR will be the design firm,” complained Hayden Phillips.

“I’m not wed to anybody,” responded Brown, which will be news to his wife.

“I have a problem with this not being competitive,” said Hayden Phillips. “I think we should have followed the administrative code.” He called it an, “issue of efficiency vs. transparency ... Transparency makes me want to have a bid on this. Open it up.”

Brown said competitive bidding in this instance “is just a waste of time and energy.”

“It should be competitive,” said Bob Werner. “We should look into some local people who can build.”

Will council sue?

“I just don’t like it when two branches of government are in litigation,” said Cusick. A majority of council was critical of Brown’s failure to seek competitive bidding, but there was no serious discussion about a lawsuit. Seven council members are, like Brown, Republicans.

Will Controller Steve Barron sue?

He already sued Brown once before over this issue. That was when Brown hired public relations consultant Sahl Communications with no competitive bidding. Brown relented then and sought proposals.