Investigator Accuses 13
Custodians Colluded To Fix Supply Bids

By HOWARD MEGDAL

A group of 13 school custodians and four vendors conspired to subvert Department of Education bidding processes by having companies submit false bids for the purchase of cleaning supplies, according to a report released last week by Special Commissioner of Investigation Richard J. Condon.

RICHARD J. CONDON: Custodians cleaned up.

Custodians and salesmen for a number of companies submitted invoices for supplies that were never purchased, with the funds split between the two parties, Mr. Condon said.

Had Shell Companies

Two of the vendors, Allen Tuckman and Gerard Federico, created multiple companies that would often bid against each other to give the appearance of competition.

The process they allegedly violated was established in July 1999, and called for custodians, on all purchases of $251 to $5,000, to solicit three bids by phone, receive detailed, responsive bids from two vendors, and then describe those bids on a summary form. Bids topping $5,000 need to be submitted on company letterhead.

The companies IDI, JDI and ILC were all registered to Mr. Tuckman and Mr. Federico. When more than one bid on the same contract, a Stacy Stephens signed the JDI bids, while a Pat Garrutti signed for ILC. Mr. Condon determined, however, that neither signatory exists.

Custodian Herbert Bradley of Staten Island's Tottenville High School, in conjunction with several of Mr. Tuckman's companies, submitted orders for 35 items totaling $119,206.35 that were never filled. He admitted to SCI that he had colluded with Mr. Tuckman's salesman.

Rivington Powery of the Petrides School in Staten Island submitted invoices for 42 purchases worth $112,075.75. Mr. Powery claimed he only signed the forms, but had no knowledge of the fraud. Both custodians are now retired. Other custodians alleged to have submitted false paperwork include Ricky Lombardi (I.S. 180, The Bronx), Vernon Marshall (P.S. 57, Manhattan), Robert Schmiedel (M.S. 201, The Bronx), Henry Barrett (American Sign Language School, Manhattan), William Mulvihill (retired, Bayard Rustin H.S., Manhattan), Joseph Spargimino (I.S. 281, Brooklyn), Frank Franchi (I.S. 174, The Bronx), Kenneth Loeffler (J.H.S. 216, Queens), Robert Stiles (P.S. 133, Queens), Simon Kocovic (Wings Academy High School, The Bronx) and Fidel Scara (J.H.S. 8, Queens).

Mr. Condon recommended that all the current employees who were implicated be terminated and banned from future city employment, and the three retired custodians in the report should also be banned.

In addition, Mr. Tuckman, Mr. Federico, and business associates Barry Drucker and Steven Yastrub should be denied future business dealings with the city of New York, Mr. Condon said.

He referred his findings to the U.S. Department of Justice Antitrust Division, as well as the city's Office for Legal Services.