Judge blocks beltway bid

Wednesday, March 12, 2003 | 11:22 a.m.

A District Court judge has issued a temporary restraining order barring the county from accepting a low bid on a major road construction project.

Marti Ashcraft, representing the second-lowest bidder MMC Construction, argued that numerous procedural errors have contaminated the bidding process for a highway expansion project along the Las Vegas Beltway from Decatur Boulevard to Buffalo Road.

County attorneys and staff argued that the Clark County Commission, which accepted Diamond Construction's $24.7 million bid March 4, has the right to ignore what they have characterized as minor irregularities in the bid form used by the winning company.

"We don't think there were any violations," Deputy District Attorney Holly Gordon said.

MMC's bid was $25.3 million.

District Judge Jessie Walsh has set March 26 for hearing on a permanent injunction. The court could bar Diamond Construction from receiving the bid.

If that happens, the County Commission would have to the discretion to award to another bidder or reopen bidding, Gordon said.

Ed Garcia, representing Diamond Construction, said the court action could slow construction on the beltway.

Clark County Public Works officials have said the expansion of the road, one of the busiest highways in the county, is important both to move traffic and for safety reasons.

"Until this matter is resolved, the county cannot move forward," Garcia said. "We believe we'll ultimately be successful on the merits of the case, but this is one more delay."

But Ashcraft said the work schedule will probably not be affected by the court's decision.

"We believe that the impact is nonexistent," she said. "We're going to have a hearing on March 26. There's no way that project would get started by that time anyway."

Garcia said the County Commission's decision was sound and based on the simple fact that Diamond Construction had the lowest bid.

"The County Commission had all the evidence in front of them and they had the complete discretion to make a decision," he said. "Just from a public policy standpoint, you want to give them wide discretion in their ability to do the job."

Ashcraft, however, said the District Attorney's office has in the past used similar irregularities to disqualify another bid.