Warehouse owner files suit for info
Company seeks files on liquor bids
Owners of the Nashua-based warehouse that stored state-owned liquor for decades launched a Right-to-Know lawsuit yesterday questioning if the State Liquor Commission engaged in “unlawful conduct” in awarding a 20-year contract to a competitor.
Law Warehouse President Brian Law and his lawyers maintain the state agency repeatedly refused to release bid documents prior to and after Exel of Westerville, Ohio, won the competition.
“We have no choice other than seeking a court order releasing these public records,” Law said.
“From what we know about the Deutsche Post Exel proposal, it appears to have some serious flaws because it does not provide the state with the key service improvements they are looking for and does not provide the best return to the people of New Hampshire.
“This is supposed to be a transparent, public bidding process and the Liquor Commission is obligated to let the bidders and public know the details about all of Exel’s proposals including the complete bid scoring.”
Law and his lawyers also maintain it appears the terms were changed several times to Exel’s liking and the winner was allowed to “materially revise” its request for a proposal that won the historic agreement.
“As such, numerous questions exist as to any unlawful conduct of respondent in its handling of the bids and its selection of Exel for this substantial 20-year public contract,” wrote Suzan Lehmann, Law’s lead lawyer from a Concord firm.
Rather than be a big money maker for the state, the contract, as written, could be a financial disaster, Law’s lawyers say.