Endnotes for "The Politics of Contracting: Bajagua's No-Bid Deal" 03/31/2006

Endnotes for POGO's Report
"The Politics of Contracting: Bajagua's No-Bid Deal"
March 31, 2006

1. The move from government service to lobbying or to working for a government contractor, and the move in the other direction, is known as the revolving door.

2. The term “Bajagua” was originally the name for Agua Clara, LLC’s, proposal to build a wastewater treatment plant in Mexico. However, Bajagua eventually became its own Limited Liability Corporation. POGO refers to the company as Bajagua throughout the report.

3. By international treaty the International Boundary and Water Commission is a bi-national organization with a U.S. and Mexican section. The Mexican section of the Commission is known in Spanish as the Comisión Internacional de Límites y Aguas (CILA). The U.S. section is a largely autonomous component of the State Department and is headquartered in El Paso, Texas.

4. Public Law 106-457 does require that any subcontracting on the project be put up for competitive bidding.

5. “H.R. 4794, A bill to amend the Tijuana River Valley Estuary and Beach Sewage Cleanup Act of 2000 to extend the authorization of appropriations, and for other purposes.” 9 September 2004. Congressional Budget Office. Downloaded 16 February 2006. <http://www.cbo.gov/showdoc.cfm?index=5799&sequence=0>.

6. Rother, Caitlin. “Border sewage pact done, but debate isn’t.” San Diego Union-Tribune. 26 February 2006. <http://www.signonsandiego.com/news/mexico/tijuana/20060226-9999-1n26bajagua.html>.

7. Fischhendler, Itay. “Escaping the ‘Polluter Pays’ Trap: Financing Wastewater Treatment on the Tijuana-San Diego Border.” Paper submitted to the 45th Congress of the European Regional Science Association, 23-27 August 2005. <http://www.feweb.vu.nl/ersa2005/final_papers/26.pdf>.

8. By international treaty, the International Boundary and Water Commission is a bi-national organization with a U.S. and Mexican section. The Mexican section of the Commission is known by its Spanish name – Comisión Internacional de Límites y Aguas (CILA). The U.S. section is a largely autonomous component of the State Department and is headquartered in El Paso, Texas.

9. Minan, John H. “Recent Developments in Wastewater Management in the Coastal Regions at the United States-Mexico Border,” 3 San Diego International Law Journal 51, 2002.

10. Primary treatment is a physical process to remove organic and inorganic solids. Secondary treatment is a higher standard of treatment and is a biological process to remove fine, suspended, dispersed, and dissolved solids.

11. Fischhendler, Itay. “Escaping the ‘Polluter Pays’ Trap: Financing Wastewater Treatment on the Tijuana-San Diego Border.” Paper submitted to the 45^th Congress of the European Regional Science Association, 23-27 August 2005. <http://www.feweb.vu.nl/ersa2005/final_papers/26.pdf>.

12. The Federal Water Pollution Control Act of 1972 (Clean Water Act) (33 USC 1311(b)(1)(B)) mandates “effluent limitations based upon secondary treatment.” The California Porter-Cologne Water Quality Act (Cal. Water Code 13020-13389).

13. “Final Supplemental Environmental Impact Statement for the International Boundary and Water Commission South Bay International Wastewater Treatment Plant Long Term Treatment Options.” International Boundary and Water Commission and the Environmental Protection Agency. March 1999. pp 3-8–3-9.

14. The 1999 “Final Supplemental Environmental Impact Statement for the International Boundary and Water Commission: South Bay International Wastewater Treatment Plant Long Term Treatment Options.” <http://www.epa.gov/Region9/water/iwtp/supp.pdf> states:

The lead agencies acknowledge Congressman Filner’s continued support of the Bajagua proposal. Since 1997, Congressman Filner and the lead agencies have been exchanging correspondence regarding this issue. Most recently, EPA and USIBWC participated in a public meeting on November 13, 1998, concerning the Bajagua proposal that was sponsored by Congressman Filner.

In this same document, the EPA and USIBWC referred Bilbray to their response to Filner.

15. Congressional Record, September 12, 2000. pp H7471-H7475.

16. “Final Supplemental Environmental Impact Statement for the International Boundary and Water Commission South Bay International Wastewater Treatment Plant Long Term Treatment Options.” International Boundary and Water Commission and the Environmental Protection Agency. March 1999. pp 3-9–3-10.

17. Primary treatment is a physical process to remove organic and inorganic solids. Secondary treatment is a higher standard of treatment than primary and is a biological process to remove fine, suspended, dispersed and dissolved solids. In violation of the U.S. Clean Water Act (33 USC 1311(b)(1)(B)) and the California Porter-Cologne Water Quality Act (Cal. Water Code 13020-13389), the SBIWTP only provided advanced primary treatment because the EPA and USIBWC did not have the appropriations to achieve secondary treatment.

18. Branscomb, Leslie Wolf. “Sewer project to get remedial help.” San Diego Union-Tribune. 13 October 2004. <http://www.signonsandiego.com/uniontrib/20041013/news_6m13sewage.html>.

19. Congressional Research Service Summary of HR 4784. 30 November 2004. Downloaded 27 Mar 2006. <http://thomas.loc.gov/cgi-bin/bdquery/z?d108:HR04794:@@@D&summ2=2&>.

20. Filner, Bob. Congressional Record, September 12, 2000. p H7475.

21. Schmidt, Gerold. “Legal and Institutional Changes towards Water Privatization in Mexico.” Paper submitted to The Human Right to Water on the Central American Political and Social Agenda workshop, June 2005, Managua, Nicaragua. http://www.menschen-recht-wasser.de/downloads/Legal_and_institutional_changes_towards_water_privatization_in_Mexico.pdf>.

22. “Record of Decision for the Final Supplemental Environmental Impact Statement for International Boundary and Water Commission Clean Water Act Compliance at the South Bay International Wastewater Treatment Plant.” International Boundary and Water Commission. 30 September 2005. Downloaded 27 March 2006. <http://www.ibwc.state.gov/Files/ROD_BSP.pdf>.

23. The San Diego County Supervisor was Brian Bilbray, who later became a U.S. Representative for the San Diego area. While a Representative, Bilbray co-sponsored legislation that would deliver a sole-source contract for a wastewater treatment plant to Bajagua.

24. Jack Buechner, also of Manatt, Phelps & Phillips, was also listed as a lobbyist for Bajagua in 1999.

25. “Lobbying Report.” Senate Office of Public Records. 17 August 1999. Downloaded 24 March 2006. http://sopr.senate.gov/cgi-win/opr_gifviewer.exe?/1999/01/000/265/000265172|2

26. “Section 1 – Executive Summary Bajagua Wastewater Treatment and Water Reclamation Project.” Cached webpage. http://tinyurl.com/f96ax

27. “Lobbying Report.” Senate Office of Public Records. 18 July 2001. Downloaded 24 March 2006. http://sopr.senate.gov/cgi-win/opr_gifviewer.exe?/2001/01/000/469/000469700|3

28. “Eric P. Farnsworth, Adjunct Fellow, Americas Program.” Center for Strategic and International Studies. Downloaded 16 February 2006. <http://www.csis.org/component/option,com_csis_experts/task,view/id,288/>.

29. According to Senate Office of Public Records lobbying disclosure forms

30. “Lobbying Report.” Senate Office of Public Records. 29 January 2002. Downloaded 16 February 2006. <http://sopr.senate.gov/cgi-win/opr_gifviewer.exe?/2001/01/000/418/000418628|3>.

31. “Lobbying Report.” Senate Office of Public Records. 23 January 2003. Downloaded 2 March 2006. <http://sopr.senate.gov/cgi-win/opr_gifviewer.exe?/2002/01/000/570/000570712|3>.

32. “Lobbying Report.” Senate Office of Public Records. 23 January 2003. Downloaded 2 March 2006. <http://sopr.senate.gov/cgi-win/opr_gifviewer.exe?/2002/01/000/570/000570712|3>.

33. “Craig Benedetto Appointed to San Diego Regional EDC Board of Directors.” Benedetto Communications, Inc. Downloaded 16 February 2006. <http://www.benedettopr.com/news_craig_edc.htm>.

34.

“President Clinton Signs S. 835 – Includes Title VIII Authorizing Project Negotiation for Secondary Sewage Treatment Ponds in Mexico to Stem the Tide of Sewage.” Bajagua Project, LLC press release. Downloaded 8 March 2006. <http://www.bajagua.com/docs/S_835_Passage_Press_Release1.pdf>.

35. “Team.” Bajagua Projec,t LLC website. Downloaded 16 Februaray 2006. <http://bajagua.com/team.shtml>.

36. “Lobbying.” San Diego City Clerk’s Office. Downloaded 16 February 2006. <http://www.sandiego.gov/city-clerk/elections/lobby/index.shtml>.

37. Rother, Caitlin. “Border sewage pact done, but debate isn’t.” San Diego Union-Tribune. 26 February 2006. <http://www.signonsandiego.com/news/mexico/tijuana/20060226-9999-1n26bajagua.html>.

38. “BIOGRAPHY – Francis D. Schlesinger.” Bajagua Project, LLC. Downloaded 8 March 2006. <http://www.bajagua.com/team.shtml#>.

39. “Matthew R. Simmons Joins Consultants Collborative.” http://www.cciconnect.com/simmons.html,Consultants Collaborative. Downloaded 16 February 2006. <http://www.cciconnect.com/simmons.html>.

40. “California Congressional Delegation Staff Roster, January 2000.” http://www.calinst.org/pubs/delstaff.htm, Downloaded 16 February 2006. <http://www.calinst.org/pubs/delstaff.htm>.

41. “Lobbying Report.” Senate Office of Public Disclosure. 30 October 2002. Downloaded 16 February 2006. <http://sopr.senate.gov/cgi-win/opr_gifviewer.exe?/2003/E/000/002/000002817|2>.

42. “Lobbying Report.” Senate Office of Public Disclosure. 10 August 2001. Downloaded 16 February 2006. <http://sopr.senate.gov/cgi-win/opr_gifviewer.exe?/2003/E/000/002/000002578|2>.

43. “Lobbying Report.” Senate Office of Public Disclosure. 11 February 2002. Downloaded 16 February 2006. <http://sopr.senate.gov/cgi-win/opr_gifviewer.exe?/2003/E/000/002/000002706|2>.

44. “Lobbying Report.” Senate Office of Public Records. 14 October 2005. Downloaded 16 February 2006. <http://sopr.senate.gov/cgi-win/opr_gifviewer.exe?/2005/01/000/362/000362550|3>; “Matthew R. Simmons Joins Consultants Collborative.” http://www.cciconnect.com/simmons.html,Consultants Collaborative. Downloaded 16 February 2006. <http://www.cciconnect.com/simmons.html>.

45. “References.” Consultants Collaborative. Downloaded 16 February 2006. <http://www.cciconnect.com/references.html>.

46. The preferred alternative is “the alternative which the agency believes would fulfill its statutory mission and responsibilities, giving consideration to economic, environmental, technical and other factors,” according to the Council on Environmental Quality. During the environmental assessment process, there is a draft and a final Supplemental Environmental Assessment Statement (SEIS) released. Comments on the draft are considered by the agency or agencies administering the assessment and can influence the final SEIS. According to CEQ regulations, if an agency(s) has a preferred alternative(s) before the draft SEIS is released, the preferred alternative(s) should be identified.