No-bid contracts are always unacceptable at KCI. Didn’t we learn this lesson last time?
Pat Klein, Kansas City’s aviation director, was blunt. “I don’t look good in orange,” he said.
Klein made the not-so-subtle comment about potential lawbreaking during a May 29 teleconference that was called to review minority business participation in the terminal project at Kansas City International Airport. Mayor Quinton Lucas, four African-American City Council members, KCI developer Edgemoor and city aviation officials were on the call.
The meeting was scheduled because some council members are rightly concerned about KCI contracts for minority businesses, known as MBEs. They think Edgemoor may not meet the 20% minority participation target required under its agreement with the city, and they wanted to talk about ways to boost MBE contracts.
So far, so good. Eyebrows were raised, though, when the discussion turned to an upcoming contract, largely for drywall installation, that could be worth millions of dollars to the company that lands it.
Minority construction firms in Kansas City are generally too small to bid for such big-ticket contracts. But a St. Louis minority-qualified firm, KAI Enterprises, could join with other Kansas City minority-owned firms to bid, those on the call were told.
KAI is large enough to serve as a “mentor” to smaller Kansas City minority firms that want part of Kansas City’s airport terminal project, council members heard.
Edgemoor said then and says now that KAI, which did not reply to a request for comment, and any partners are welcome to bid for the work. On the teleconference, though, a participant asked whether the bid process might be circumvented to make sure minority companies get the deal.
That’s when Klein said he doesn’t look good in orange, a clear reference to potential illegality. He says he was joking to make a point — no-bid contracts and agreements are not good ideas at KCI, no matter what the reason.
He’s right, of course.
Minority- and women-owned business participation in the terminal’s construction must be a top priority, along with efficiency, quality design and finishing on time. Edgemoor has minority goals to meet, and they must hit those targets.
Edgemoor and the Aviation Department must ensure bid documents are assembled in a way that makes it possible for smaller minority firms to participate.
But that doesn’t mean the procurement process can or should be any less transparent or fair. And any discussion of bypassing the bid process is inappropriate.
Pressure to distort bidding for any reason is unacceptable — a lesson the city clearly should have learned from the original attempt for a no-bid airport development contract.
City Councilwoman Melissa Robinson, who organized the teleconference, agreed, saying, “I’m OK with (a) strategy as long as it’s legal and as long as we meet the goals.
“We don’t want one drop of MBE-WBE dollars left on the table.”
The mayor made a similar commitment to transparency.
In an email, Edgemoor said open bids are essential “to achieve the highest possible MBE and WBE participation in the new terminal project.”
To be sure, there are challenges in finding qualified minority- and women-owned businesses to bid on KCI projects. Mentoring programs, financial assistance, help in certification and borrowing are all part of the toolbox for helping minority firms, and they must be used.
Kansas City officials must also ensure that the same rules apply to every bidder. No company should be offered a work-around to get a job at the airport.
But Kansas City cannot rely on secretly changing the procurement process to avoid that hard work. “It’s our duty to make sure the MBE participation is right,” Klein said. “Edgemoor needs to get the MBE right. The city needs to get the MBE right.”
He’s correct again. Clear, transparent, legal contracts — and maximum minority participation — must be the highest priority as work on the airport continues. Those goals will best be met in the sunlight, with fair and open procurement policies at KCI.