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Man pleads guilty to obstructing justice in Atlanta contracting corruption investigation

November 7, 2017 By Nancy Cleveland

Shandarrick Barnes has pleaded guilty to obstructing justice in the federal corruption investigation involving City of Atlanta government.  The defendant threw a concrete block through the window of E.R. Mitchell’s home, and placed dead rodents on his porch and elsewhere hoping to thwart his cooperation with federal law enforcement.

“Barnes threw the concrete block through Mitchell’s dining room window to get him to ‘shut up,’” said U. S. Attorney Byung J. “BJay” Pak.  “Instead, that violent act made Mitchell even more resolute in his cooperation with federal law enforcement.  Barnes now faces a significant prison sentence because he decided to obstruct a federal investigation.”

“Attempts to subvert justice, whether through intimidation of witnesses or by any other means, will not be tolerated.  The FBI will expend any resources necessary to ensure that those who seek to obstruct criminal investigations are held accountable for their actions.  This plea by Shandarrick Barnes is evidence of the FBI’s commitment to protect those willing to cooperate with law enforcement’s efforts to improve their communities,”

“Individuals who obstruct justice will be held accountable for their actions. Intimidation of witnesses is never acceptable,” said James Dorsey, Acting Special Agent in Charge, IRS Criminal Investigation.  “This investigation was complex and multifaceted, and it underscores the reason we are committed to working with our law enforcement partners to dismantle any and all public corruption schemes.”

According to U.S. Attorney Pak, the charges, and other information presented in court:

  • In late July 2015, special agents with IRS and the FBI approached E.R. Mitchell for an interview relating to an ongoing investigation into corruption at the City of Atlanta.
  • During the meeting, agents discussed corruption allegations as well as potential tax improprieties.
  • Shortly after the IRS and FBI agents approached and interviewed him, Mitchell informed others that federal law enforcement had spoken with him and was asking questions.
  • Mitchell was interviewed on September 2, 2015, by the U.S. Attorney’s Office and FBI and IRS agents and confessed to regularly paying “up-front money” for City of Atlanta contracts.
  • On September 8, 2015, Mitchell returned to the office and completed a second debriefing with prosecutors and agents.
  • On September 11, 2015 at approximately 5:30 a.m., Shandarrick Barnes threw a concrete block with the words “ER, keep your mouth shut!” written on the side, through a plate glass window in Mitchell’s home.  When Mitchell emerged from the house to see who had thrown the block, he saw that dead rats had been placed on his porch, car and in his mailbox.  The police and FBI were summoned to the scene and law enforcement obtained security footage from the subdivision.  The video revealed a car that appeared to match Barnes’ vehicle left the area minutes after the block was thrown through the front window.  Further investigation by agents suggested that Barnes was involved.
  • On July 13 and August 17, 2016, Barnes was interviewed by the FBI and IRS.  During the interviews, he admitted he threw the concrete block through Mitchell’s window.  Barnes specifically acknowledged that he was aware of the IRS tax investigation into Mitchell and others and that agents had asked about Mitchell’s taxes as well as payments Mitchell made to businesses associated with Barnes’ employer.  He was well aware that Mitchell was actively cooperating with agents.  He said he was livid and his decision to throw the brick through Mitchell’s window was motivated by his desire to hinder Mitchell’s communication with agents concerning possible tax violations.  He said he felt that Mitchell’s communications to federal law enforcement would negatively affect his employer’s businesses.  Barnes was concerned that the communication with agents was detrimental to obtaining other business that he and others were actively seeking at that time.

Sentencing for Shandarrick Barnes, 41, of Atlanta, Georgia, is scheduled for February 7, 2018.  This case is being investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorneys Kurt R. Erskine and Jeffrey Davis are prosecuting the case.

Source: https://www.justice.gov/usao-ndga/pr/man-pleads-guilty-obstructing-justice-city-atlanta-corruption-investigation

Filed Under: Contracting News Tagged With: bribe, bribery, City of Atlanta, corruption, FBI, investigation, IRS, local government contracting, obstruction, scandal, tax improprieties, U.S. Attorney

Government contracting success event scheduled for Jan. 31 in Atlanta

December 10, 2016 By Nancy Cleveland

amex-openAmerican Express is bringing its government contracting success event back to Atlanta on Jan. 31, 2017.

The American Express OPEN for Government Contracting program provides free events, resources, mentoring and networking opportunities to help mid-sized businesses to get the insight and experience they need to do business with the world’s largest customer: the U.S. government.

This event gives small and mid-sized business owners insights into how to navigate the government contracting landscape.

Meet Buyers and Mentors

Attendees can sign up for an opportunity to have one-on-one meetings with government agencies and large prime contractor representatives. Past organizations participating include the Department of Defense, the Department of Homeland Security, and the Department of Transportation.

There also will be an opportunity to participate in mentoring sessions with government contracting experts, including buyers, agency representatives, and fellow small and mid-sized business owners.

Location and Agenda

The day-long event on Tuesday, Jan. 31, 2017 will begin at 8:00 am at the Atlanta Marriott Marquis,  265 Peachtree Center Avenue, Atlanta, GA 30303.    One of the featured speakers will be Chuck Schadl of the Georgia Tech Procurement Assistance Center (GTPAC) who will talk about what it takes to break into, and succeed, in the government marketplace.

Download the preliminary agenda by clicking here.

Registration

To learn more and register, visit: openforum.com/events/OGCAtlanta2017

See a report on a similar event held in Atlanta in 2015 here: http://gtpac.org/2015/02/10/american-express-open-atlanta-guide-features-gtpac 

 

Filed Under: GTPAC News Tagged With: American Express OPEN, Georgia Tech, government contract assistance, government contract training, government contracting, GTPAC, local government contracting, resources, web resources

Mayors view infrastructure needs as their biggest problem

January 28, 2016 By Nancy Cleveland

Mayors view underfunded infrastructure as the “most pressing problem” they face, says a new survey by the U.S. Conference of Mayors and Boston University’s Initiative on Cities.

U.S. Conference of MayorsThe 2015 Menino Survey of Mayors, released on Jan. 20, says that nearly half of the mayors who responded to the survey say that infrastructure is their biggest challenge over the next five years or more—for issues that are primarily state or federal responsibilities.

That high percentage represents “a striking level of accord for an open-ended question,” says the report. No other topic received more than 20% of the mayors’ responses. “Nearly all of those who referenced infrastructure focused on a lack of funding for upkeep and improvements,” it adds.

Keep reading this article at: http://www.enr.com/articles/38639-mayors-view-infrastructure-needs-as-their-top-problem

Filed Under: Contracting News Tagged With: infrastructure, local government contracting, state & local, state & local government, U.S. Conference of Mayors

Clayton County Water Authority holds monthly vendor workshops

February 12, 2015 By ei2admin

The Clayton County (GA) Water Authority has a contract preference program for small local businesses.  In addition, businesses currently certified as a small business with City of Atlanta, DeKalb County, or Clayton County may be provisionally certified as a small local business with the Water Authority.

To learn more about Clayton County Water Authority contract opportunities and their small business program, you may wish to attend one of their monthly vendor orientation workshops.

The vendor workshops are held each month in the Water Authority’s Community Use Room located at 1600 Battle Creek Road, Morrow, GA 30260. By attending, you can learn about the Water Authority’s new Small Local Business Certification Program and upcoming opportunities, and hear from guest speakers and other business resources that may benefit your company.

Upcoming 2015 Workshop dates are:

Feb 18th – 2 pm      March 12th – 5pm     April 16th – 9 am

May 19th – 5pm      June 16th – 2 pm       July 16th – 5 pm

Aug 12th – 9 am      Sept 16th – 5 pm        Oct 21st – 2 pm

Nov 12th – 5 pm

Download the workshop flyer here: Clayton County Small Business Workshops 2015

Register to attend workshops at:  http://ccwa-slbe.eventbrite.com

 

 

 

Filed Under: GTPAC News Tagged With: certification, contracting opportunities, local business preference, local government contracting, small business

American Express OPEN Atlanta Guide features GTPAC

February 10, 2015 By ei2admin

On January 21, 2015, you may have had a chance to attend the latest in a series of national forums on government contracting hosted by American Express OPEN.  On that date, OPEN conducted a forum in Atlanta designed to help businesses build connections with government officials, contracting experts, and other businesses to assist in winning government contracts.

American Express OPEN published a contracting guide in conjunction with its Jan. 21st event.  Entitled “Government Contracting in Atlanta: Maximizing Your Success,” the guide features interviews with Chuck Schadl of Georgia Tech; Necole Parker of The Elocen Group (a client of the Georgia Tech Procurement Assistance Center); Cassius Butts, regional director of the Small Business Administration; and Adam Smith, purchasing director for the City of Atlanta.

The guide offers practical tips for pursuing government contracts.  You can download a copy by clicking on this link: Atlanta_Insight_Guide_01.21.2015

AMEX OPEN Atlanta Guide

For more information about American Express OPEN and related business resources, visit: https://www.americanexpress.com/us/small-business/openforum/explore/?linknav=us-openforum-global-header-whatsnew

Filed Under: GTPAC News Tagged With: Georgia Tech, government contract assistance, government contracting, GTPAC, local government contracting, resources, web resources

Cities and counties are upbeat about budget prospects

July 16, 2014 By ei2admin

Government officials are fiscally optimistic. They see improving budgets and increased spending. More than four out of five administrators (86 percent) see their government’s budgets in the second half of 2014 equal to or greater than second half 2013 budgets, according to an exclusive E-survey of readers of Penton magazines Government Product News, American City & County and Government Procurement.

Cities and Counties Predict Larger Budgets 06.2014

Sure, times are still tough for U.S. cities and counties. Some survey respondents (about 14 percent) say they will spend less on 11 kinds of government functions (such as public transportation and water) in 2014 compared to 2013. But a total of 82 percent of survey respondents will spend more or about the same on those government functions in 2014. About 27 percent will spend more and 55 percent will spend the same in 2014.

Yes, government officials may be more upbeat than they have been in the past, based on the survey results: Almost six out of 10 respondents say they expect to receive the same level or more federal and state funding to their local government in 2015 compared to 2014.

Keep reading the Keating Report mid-year 2014 forecast on government budgets and spending at: http://americancityandcounty.com/gpn/keating-report-mid-year-2014-forecast-government-budgets-and-spending-part-1.   This article appeared in the June edition of Government Product News.   The mid-2014 edition of the Keating Report includes forecasts on government purchases of goods and services and comments from experts. More sections from the mid-2014 edition of the Keating Report, covering state and local government revenue drivers and government constructioncan be found at: http://americancityandcounty.com/gpn/keating-report-mid-year-2014-forecast-government-budgets-and-spending-part-2.

Filed Under: Contracting News Tagged With: budget, local government contracting, market research, marketplace, state & local government

Gwinnett County supplier symposium is April 30

March 19, 2014 By ei2admin

The Gwinnett County Purchasing Division will host the 8th Annual Supplier Symposium on April 30, 2014, from 8:30 am to 11:30 am, at the Gwinnett Justice and Administration Center.

Attendees will have the opportunity to meet buyers and contracting officers from the County’s Purchasing Division and other metro Atlanta agencies and take advantage of networking opportunities designed to create relationships.  This year the Symposium will be interactive with Department and Purchasing staff and will provide the opportunity to acquaint potential suppliers with the County’s procurement procedures.

For more information about the event and to register, visit the following link and register to “Save the Date April 30, 2014” for the Gwinnett County Purchasing Symposium:

http://www.gwinnettcounty.com/portal/gwinnett/Departments/FinancialServices/Purchasing/SupplierSymposium.

Gwinnett Purchasing Symposium

 

Filed Under: GTPAC News Tagged With: contracting opportunities, government contract training, local government contracting, networking, small business

Fulton County vendor day is March 27

March 18, 2014 By ei2admin

Fulton County’s Department of Purchasing & Contract Compliance is hosting its 3rd Annual Vendor Opportunity Day on Thursday, March 27, 2014, from 8:30 am until 2:00 pm.

It’s the purpose of this event to allow contractors, subcontractors/subconsultants, and suppliers who are interested in doing business with Fulton County Government to schedule face to face, one on one meetings with key procurement decision makers from multiple departments.

To register for a 15 minute matchmaking session click here.

Representatives from other government agencies and professional organizations will also be available. A series of workshops will be on-going throughout the morning.

For additional information please contact Fulton County’s Department of Purchasing and Contract Compliance at 404-612-5800.

Fulton County Vendor Day

 

 

Fulton County Government Center Atrium

141 Pryor Street, Atlanta, GA 30303

9:00 AM – 3:00 PM

Filed Under: GTPAC News Tagged With: contracting opportunities, local government contracting, networking

New case raises old criticisms of the way Augusta’s Procurement Department awards city contracts

November 8, 2010 By ei2admin

As the trade, exhibit and event center begins to take shape on Reynolds Street, add John Bailey’s name to the list of business owners fed up with Augusta’s methods of awarding contracts.

Bailey, the owner of a North Augusta land surveying company, placed a bid in 2009 to do topographic and utility mapping for the $38 million project. It was rejected by Augusta’s Procurement Department over a clerical error.

The bid was deemed noncompliant because the company accidentally wrote the wrong code on a line on an affidavit. The digits in question were his surveying company’s E-verify account number, part of a federal Internet program that verifies employees’ eligibility to work in the U.S.

That he lost the bid over something he said he could have easily corrected through a telephone call bothers him, but what bugs Bailey most, he says, is that a competitor who did the same thing was treated differently.

Documents filed in a pending federal court case show that the winning bidder, Charlotte, N.C.-based W.K. Dickson, also had an E-verify number wrong on a form for its subcontractor, Augusta Blueprint, a minority-owned company. In that case, though, the department took the initiative to fix the error itself and mail the company a corrected form.

“We have acquired the valid information for this form from your subcontractor,” city Procurement Director Geri Sams wrote in January to Dickson branch manager William Wingate. “Please replace the form attached in your files for the Subcontractor Affidavit for Augusta Blueprint.”

Bailey said he never gets treated that way when he competes for work in North Augusta, Aiken or Aiken County.

“When you throw in the fact that they’re not treating everybody the same, it almost sounds criminal,” he said.

Sticky situations

What happened on the TEE center bid effectively represents many of the sticky issues surrounding the Procurement Department, which has been criticized for appearing to have a rigged bidding system and sued over allegations of discriminatory practices.

This latest case has become more ammunition for plaintiff’s attorney Robert Mullins, who is seeking punitive damages in Thompson Building Wrecking Co.’s pending contempt action and is piling on examples of inconsistencies in a stack of federal court filings.

The TEE center incident is the most recent example of the department’s unequal — and sometimes inconsistent — handling of mistakes.

For example, Virginia-based Seabury Aviation Planning won a contract for an air service consulting position in 2009, with the business license requirement waived because the other bidder didn’t provide one, either, court documents show.

Arizona-based Head Penn Racquet Sports won a bid to provide tennis balls that same year, and because no other bidder provided license information, the requirement was overlooked.

Though Augusta Blueprint had its incorrect E-verify number corrected by Procurement, the department cited a subcontractor’s omission of the number as a reason to reject PM&A Consulting Engineers’ 2009 bid for construction management and field engineering services. Likewise, it was a reason to disqualify Avfuel Corp. in a 2008 bid for fuel supply services at Augusta Regional Airport.

Ronlyn Corp. won a concessions contract in 2009 despite having no E-verify number on both contractor and subcontractor affidavits.

Though not commenting specifically on any situation in Augusta, other procurement professionals offered less-stringent ways of handling bid errors than the way the city has handled some.

Fulton County (Ga.) Purchasing and Contract Compliance Director Cecil Moore said most jurisdictions have the right to waive minor errors.

For example, in the case of an incorrect E-verify number — something required to be submitted by state law — he would probably let a vendor correct it. He said there is no legal reason why a contractor and a subcontractor would have to be treated differently over that.

“Some jurisdictions have their own idiosyncrasies,” Moore said. “I’m not saying what they did was wrong. Like in England, they drive on the left side of the road. You still get where you’re going.”

Cobb County (Ga.) Interim Purchasing Director Mark Kohntopp also said that a missing or incorrect E-verify number wouldn’t be a deal-breaker.

Minority policies

Depositions have begun in the Thompson case, which could have taxpayers on the hook for hundreds of thousands of dollars in fines if Procurement has continued giving preference to minority bidders, ignoring a federal judge’s 2007 order to the contrary.

Though the department’s disparate handling of the same mistake in the TEE center bid has some crying foul, the city has a ready explanation that involves the complexities of state and local purchasing regulations.

“This issue has come up before,” General Counsel Andrew Mackenzie said.

“There’s a big difference between a prime contractor and a subcontractor. It may look like apples and apples, but it’s really apples and oranges.”

Still, city commissioners and the Law Department are hammering out a revision to the procurement code, which they say should keep the city in line with the federal judge’s mandate against using race in deciding on whom to hire.

The federal ruling arose out of a 2006 lawsuit by Thompson and three other companies challenging the city’s Disadvantaged Business Enterprise program, with Thompson suing first after its bid to demolish the Telfair Street candy factory was rejected over a technicality.

U.S. District Judge B. Avant Edenfield, reasoning that the program was based on old data from a 1994 disparity study, ruled it unconstitutional and forbade Augusta from using any language in bid solicitation materials alluding to race- or gender-based criteria, or from favoring bids on those grounds.

The commission reacted by adopting a “small business opportunity” ordinance, making it the DBE coordinator’s job to help small businesses in the procurement process, not minority businesses explicitly. The city hired New York-based NERA Economic Consulting to devise a new disparity study, which again showed that businesses owned by white men are far more likely to submit winning bids in Augusta.

“A good outcome would be that you don’t need a race- and gender-conscious program,” Mackenzie said.

Thompson alleges, however, that it never really ended. Mullins said the city is looking at more than 200 violations.

Mackenzie concedes questionable language has shown up inadvertently in some bid solicitations but not as many as Mullins claims. The city contends it is in “substantial compliance” with the order.

The city has requested a modification of the 2007 order, believing its mistake was making the language too broad and when the city uses federal funds to pay for a project, there are built-in DBE and minority business enterprise requirements that make their way into bid documents.

The proposed changes to the procurement ordinance will fix that, City Administrator Fred Russell and MacKenzie recently told a commission subcommittee.

As for Thompson’s insistence that Procurement uses technical errors to selectively knock out white male bidders, U.S. District Court Judge J. Randal Hall tossed out the businessmen’s lawsuit. Legally, a government’s action could only be viewed as a possible constitutional violation if the action is a legislative one, not administrative. Procurement is an administrative function.

A change in code

When procurement decisions are appealed, city commissioners uphold them. Commissioner Jerry Brigham said it is because attorneys have advised them that to do otherwise would jeopardize pending litigation.

Members of the panel differ on what should be done about procurement, if anything. Brigham said a code revision, which would require a city charter amendment, is “a step in the right direction.”

Commissioner Joe Bowles said he is concerned, but “until we lose lawsuits, I would have to say that the practices of the Procurement Department are standard for the industry.”

Commissioner Joe Jackson said he has tried unsuccessfully to get six votes to privatize the department, and he wishes there were six votes to fire Sams.

Like Brigham, Commissioner Bill Lockett said a new procurement code could help iron out some of the city’s perceived purchasing inconsistencies.

“I think the intent has always been to do the right thing,” Lockett said. “But I think it’s obvious that a lot of the lawsuits filed against the department were frivolous.”

Mackenzie said the city is trying to reach out to local businesses. “We’re doing the best we can to make the process easier, and to educate people,” he said.

Sams, who has been purchasing director since 1996, declined an interview request for this article. But at a recent open meeting with business owners in commission chambers, she encouraged more of them to seek city work.

She and her staff went over the basics of how to find out what goods and services are being sought and the importance of deadlines and mandatory guidelines. Sams also pointed out to business owners that the mandatory forms bidders must complete have been reduced from six or more to three.

“We feel your pain,” she told one business owner who expressed frustration over paperwork. “There are less hoops now.”

— by Johnny Edwards and Sandy Hodson, Staff writers – The Augusta Chronicle – Saturday, Nov. 6, 2010Source URL: http://chronicle.augusta.com/news/government/2010-11-06/new-case-raises-old-criticisms-way-augustas-procurement-department-awards

Filed Under: Contracting News Tagged With: Augusta, E-Verify, local government contracting, subcontracting

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