COVINGTON -- County Attorney Tommy Craig has completed his review of a questionable bid by LB Recycling and Waste Services and determined it will stand.
The BOC recently awarded to LB Recycling a contract to purchase and collect scrap metal at the recycling centers and landfill.
LB Recycling bid 9 cents per pound with a rate locked in for two years and the option to renew for an additional two years. Oconee Metal Recovery offered the higher price at 9.6 cents per pound with a locked-in rate for one year.
However, LB Recycling also offered to beat any competitor's price or bid by 2 percent.
Commissioner Nancy Schulz asked County Attorney Tommy Craig if such a bid is legal. Craig responded that he had not seen that approach before but would research the matter.
Craig said a few days later that he had serious concerns about such a bid.
But Thursday he said his research indicated there is nothing in state law or in the county purchasing policy to prohibit it.
"The bid does provide the county with more money than the other bid, so it's in the county's best interest financially," he said.
Craig said the board is working to revise the county purchasing policy and, "I do think we need to make a provision in there that we want fixed priced bids unless the bid states otherwise. It's not prohibited at this time, and there may be cases in the future where we want to have that kind of bidding."
Commissioner Levie Maddox is an employee with LB Recycling and his brother owns the business. Maddox recused himself from the vote and left the room. Craig said there was no conflict of interest as long as Maddox recused himself.
"I promise you pains were taken to make sure that I absolutely had no conversations with anyone on either side of the fence," Maddox said.
Maddox said he won the county account for LB Recycling two years ago, resulting in the county receiving additional money at about $30,000 per year, but that the account with the county was given to another salesman during his campaign for the commission seat. Maddox was elected in November.