The City of Rome is facing a lawsuit over how officials awarded the city’s latest waste management contract.
Bliss Environmental Services of Camden has filed a lawsuit against Rome, its Board of Estimate and Contract and Controlled Waste Systems Inc. (CWSI) of Utica, alleging the city unethically awarded a five-year waste removal contract to CWSI in mid-February.
The company argues city officials improperly communicated with CWSI, after verbally committing the contract to Bliss, and used that information to advertise another round of bidding. The lawsuit also challenges the city’s decision to award the waste contract to CWSI based on the criminal history of a CWSI executive.
“Everything was done properly and in the best interest of the taxpayer of Rome,” said Rome Corporation Counsel Gerard Feeney.
Feeney declined to go into detail on the litigation, stating it is still ongoing.
Bliss representatives did not return a call for comment.
Bidding process
The lawsuit, filed March 9 in state Supreme Court in Oneida County, seeks to overturn a Feb. 13 Board of Estimate and Contract decision to award CWSI a $5.5 million contract to collect the city’s solid waste and recyclables.
Bliss alleges the city’s decision “lacked rational basis, was an abuse of discretion and should be annulled,” according to the suit.
Bliss is seeking to be awarded the contract instead. According to the lawsuit, Bliss has provided collection services to Rome since 2008.
Bliss did not seek a one-year extension to its contract with the city in the fall of 2019 due to an increase in prevailing wage and other operating costs, according to the filing. The lawsuit states Rome extended the contract twice through March 31 so the contract could be advertised and bid upon without any trash collection issues.
The bids were due by Dec. 27, the suit states. Bliss was the only company to submit a bid, and the company received a verbal commitment from the city, according to the filing.
After allegedly communicating with CWSI, however, city officials are accused of opening a second round of bidding in early January, with participation from Bliss, CWSI and a third company, Syracuse Haulers.
The city’s Board of Estimate and Contract moved Feb. 13 to award the bid to CWSI, according to meeting minutes. Only Rome Common Council President Stephanie Viscelli voted against it.
“The city’s conduct adversely and unlawfully affected the integrity of the competitive bidding process,” the lawsuit states.
‘This case has no basis’
A second cause of action within the lawsuit references former criminal acts by CWSI executive Steven Mancuso.
According to O-D archives, Mancuso was sentenced to prison for 44 months for using his legal expertise to conceal his brother Paul’s involvement in an asbestos removal operation that saw the material dumped in a field and washed down the drain of a Utica school.
Bliss cited city ordinances requiring the contract to be awarded to the lowest responsible bidder after considering character integrity, reputation, judgment and quality of performance of previous contracts, according to the lawsuit.
Mancuso said it is unfortunate that Bliss has decided to litigate against the city, stating the company is only doing it due to “their own greed.” He confirmed that CWSI bid $5.5 million for the project.
“From a legal standpoint, this case has no basis, in law or in fact,” Mancuso said. “It is not only the legal right of the city to reject a round of bidding and rebid for any proper purpose, it was Rome’s obligation to do so.”
Mancuso said the city was legally correct to rebid the project, further stating it is a legal requirement for the city to disclose Bliss’ bid since it is a public funds project.
As to his past legal troubles, Mancuso said they bear no relation to CWSI being a responsible bidder. He said the company has state and county contracts, with the parties involved having full knowledge of his past legal issues.
“CWSI has never been involved in any wrongdoing and was never alleged to have been,” Mancuso said.
