US District Court Judge "Appalled" By Current Officials' Protests

A former Federal Aviation Administration procurement officer was sentenced to community service for violating the law over a contract award at Seattle-Tacoma International Airport.

The judge indicated the violation skewed the culture of the FAA.

"It appears the whole agency has run afoul of what their duty is as a government agency, which is, of course, to follow the rules, be transparent, be honorable, and be uninfluenced by biases that are not helpful to the bidding process," US District Judge Marsha J. Pechman said during the sentencing of Robert Ferrell, reports The Associated Press. "I find it troubling that the whole milieu appears to have sunk to a very low common denominator."

Ferrell, 48 pleaded guilty in September to procurement fraud in connection with a scheme give a 2002 contract for lighting at SEA to a company that did not make the lowest bid on the work. The Renton, WA man was sentenced to 200 hours of community service and three years of probation.

The contract was for the installation of a "high intensity approach lighting system" at Sea-Tac for $4.3 million.

Donald B. Murphy Contractors Inc., were the low bidders on the contract -- but Ferrell and co-conspirator, Vicki Lynn Olson switched contract officers -- replacing Ferrell as the new contracting officer -- to make sure that the contract would instead be awarded to PCL Construction Service Inc., according to the US attorney’s office. Ferrell then tipped PCL to revise its bid $4,300 lower than Donald B. Murphy Contractors—PCL was then awarded the contract.

Pechman was incensed and "appalled" FAA employees had written to her, trying to justify Ferrell’s behavior.

"When the people you are supposed to be evaluating start taking you out for golf, buying you banquets and currying your favor, that's exactly when you need to run from them and step back and say, 'I have to make this contract based upon other criteria,'" Pechman said. "FAA employees shouldn't be taking a cup of coffee from anybody who is bidding on these contracts. ... I am sad to see that there are still people in the office that think there was nothing wrong."

Also sentenced earlier this week to 200 hours of community service and three years of probation was Olson, who pleaded guilty in February to conspiracy and procurement fraud.

Olson and Ferrell are not currently employed by the FAA.

PCL paid restitution to Donald B. Murphy Contractors $750,000 in addition to a fine of $1 million fine to the government.

A spokesman for the FAA would not comment on the case.

FMI: www.faa.gov, www.dbmcm.com/