Rival to Dispute Motorola Pact in Court
The lengthy dispute over Orange County’s $82-million emergency communications system landed in court this week, when the losing supplier asked a Superior Court judge to prevent the county from awarding the contract to its rival.
Ericsson Inc. is scheduled to argue for a temporary restraining order at 1:30 p.m. today to stop the county from giving Motorola Communications and Electronics Inc., the contract to build the massive new communications network.
In pleadings filed Monday, Ericsson repeated essentially the same story that has been told since the county overturned the award to Harris Corp., the lowest bidder and primary vendor, for failing to satisfy seven technical standards. Ericsson described itself in court papers as the “assignee” of Harris Corp.
In brief, Ericsson alleged the county violated its own policies and state procurement laws by awarding Motorola the contract despite irregularities including “the undisclosed and unauthorized contacts and business relationship” between Motorola and a “supposedly neutral consultant” hired to evaluate the bids. As a result, the county will pay at least $15 million more for the Motorola system, the company alleged.
Ericsson “has been victimized by a faulty evaluation process and an overwhelming pro-Motorola bias by the county and its staff and agents,” the company alleged, adding that county officials sent 25 pages of Harris’ proposal to Motorola “and did not voluntarily admit this impropriety until (Ericsson) made (an) inquiry.”
Losing the award under such circumstances will cost the company contracts with other agencies in California, Ericsson alleged.
Motorola officials, who have repeatedly denied any wrongdoing, said they had not yet seen the lawsuit and would have no comment until they had a chance to read it.
County officials have also repeatedly denied that favoritism tainted the process and have called the charges “groundless and irresponsible.”
Last April, the district attorney’s office concluded there was nothing criminally wrong about the selection process, after the Florida-based Harris Corp. alleged the contract had been rigged.
A court hearing on Ericsson’s request for a permanent injunction is scheduled next month.
The communications system will link all law enforcement, fire and public-works authorities in the county as well as 31 area systems cities. The county and cities will share the cost.
