The Creek County Board of Commissioners (BOCC) convened on Monday, January 13, 2025, to discuss various county matters, including a contentious bid dispute over the installation of generators for the Creek County Health Department.
The dispute emerged when Native Energy Source LLC, the lowest bidder for the project, protested the award given to Apex Electric Solutions. Native Energy’s bid was for 48kw generators, which exceeded the 40kw specified in the bid requirements. Despite being the lower bid, Native Energy’s submission did not meet the exact specifications, leading the Board to award the contract to Apex, which submitted a bid for 40kw generators.
David Thomasson, CEO of Native Energy, argued that the 48kw generators they offered were superior to the 40kw models and would serve the same function, if not better. “We went above and beyond what was requested,” Thomasson said, expressing his disappointment that the Board had not accepted the higher-capacity units. He also suggested that with minor adjustments, the generators could be labeled as 40kw, further questioning the validity of the decision.
However, the Board remained firm in its stance. Commissioner Stephens explained that the specifications were clear and that the bid had to adhere to the outlined requirements. “The bid called for 40kw generators, and they submitted 48kw units,” Stephens said. “It’s not an apples-to-apples comparison, and we followed the guidelines set forth.”
Thomasson, dissatisfied with the explanation, stated that Native Energy would consider pursuing legal action. “We would be forced to file in District Court and file an injunction where the state will agree with us,” he warned. In response, the Board informed Thomasson that any future communication regarding the issue would need to go through the county’s Assistant District Attorney, Andrew Goforth, if legal action was taken.
The following week, on January 21st, the Commissioners unanimously voted to sign an agreement with Apex Electric Solutions for the project. Stephens was absent from that meeting.
