Prison food purchases questioned

By Jennifer Learn-Andes jandes@timesleader.comLuzerne County Reporter

Commonwealth Foods Inc. of Township sold $490,099 in food items to the county prison last year without a bid, prompting some county officials to question if state law was violated.

The owner of the company, Steven Harnischfeger, is a very close friend of county Commissioner Greg Skrepenak and former chief clerk/manager Sam Guesto.

Prison Board members Maryanne Petrilla and Stephen A. Urban said they learned about the no-bid purchases this week and believe state bidding laws were circumvented. They want an investigation.

“I have major concerns. The state County Code is very clear that purchases over a certain amount of money have to be bid,” Petrilla said.

Competitive bidding is required for nonprofessional services over $10,000.

The prison bids out meat, fresh or frozen food and groceries and non-perishables, and other companies were awarded the bids.

Commonwealth did not bid on any of those categories in 2007 but still sold the prison a multitude of items, including canned vegetables, sugar and vinegar, according to the controller’s and purchasing offices.

That may not be the first year it sold the prison food without submitting a bid.

Commonwealth Foods also sold $374,953 in food to the prison in 2006, according to the controller’s office. Petrilla said the purchasing department has no record of bid awards to Commonwealth for that year.

Greg Hunsinger, who oversees county purchasing, said Thursday he believes the prison ended up ordering “smaller batches” from Commonwealth because the kitchen wanted to add variety and particular nutrients to inmates’ diet and could obtain deliveries quickly from the local company without using tight storage space.

Urban and Petrilla said that sounds like “piecemealing,” or purposefully breaking up purchases to avoid competitive bidding.

“State law specifically states that it’s illegal to take large contracts and break them up to try to make them small contracts to avoid bidding requirements,” Urban said.

“Piecemealing” could lead to criminal penalties and surcharges, according to the County Code.

Storage space isn’t an excuse, Urban said, because the county is supposed to bid out items, lock in the lowest price and demand delivery as needed.

The only Commonwealth Foods listed with the state Bureau of Corporations is owned by Harnischfeger. He did not respond to numerous messages left on his cell phone Thursday. The phone message instructs people to leave messages or orders for Commonwealth Foods. Hunsinger said someone named Steve owns Commonwealth, but did not know Steve’s last name. The business is more of a warehouse without a storefront, he said.

Skrepenak, who also sits on the prison board, could not be reached for comment Thursday.

Prison Board Chairman Wister Yuhas said he learned of the matter Wednesday and will call an executive session before Monday’s meeting to discuss Commonwealth.

Yuhas said he learned through discussions with prison Warden Gene Fischi that some prison representatives thought they did not have to comply with the bidding threshold when they grouped purchases by the type of item, such as a particular type of canned fruit.

Yuhas said $490,000 is a “sizeable number” that warrants research on bidding procedures.

“If we need to change the way it’s done, we will, going forward,” Yuhas said, adding that he is not personally familiar with Commonwealth.

Fischi did not return numerous messages seeking comment.

Petrilla said she asked Yuhas to put a discussion about Commonwealth on Monday’s meeting agenda. She said she will also request an investigation during Monday’s meeting.

Urban said he wants answers from Hunsinger and prison kitchen director Jack Rentko. Urban said he believes Hunsinger should have been following the county’s purchasing policy, which requires bidding for purchases over $7,500.

Jennifer Learn-Andes, a Times Leader staff writer, may be reached at 831-7333.