UPDATE:Office Depot Shuns Contract Potentially Worth Over $500 Million
July 19 2010 - 4:13PM
Dow Jones News
Office Depot Inc. (ODP) walked away from a contract potentially
worth over $500 million in annual revenue, but might be better off
without it and could actually have bought itself one more year of
the revenue.
Friday, Office Depot said it wouldn't submit a bid in Los
Angeles County related to the U.S. Communities Government
Purchasing Alliance, a cooperative that aims to secure good terms
for supplies that local and state governmental agencies need.
Office Depot has had the contract since 1996, and it represented
roughly $600 million, or 5%, of its 2009 sales. By backing out of
the bidding process, and with a dearth of large bidders, the
cooperative has the option to cancel the bid and renew the existing
contract for the 2011 year.
Office Depot, the No. 2 office-supply chain by market
capitalization, said the "onerous" terms of the contract could have
hurt profitability. While shares of the company dipped in
after-hours trading Friday on the news, they moved higher Monday
afternoon following notes from at least three analysts downplaying
the news and highlighting ways the loss of business might be an
overall positive for Office Depot.
Joe Sandoval, general manager for purchasing and contract
services for Los Angeles County, who runs the bidding process, said
he has "no intention" of cancelling the bid at this time, citing
other "valid" bidders. He confirmed that OfficeMax Inc. (OMX), the
third-largest office supply retailer, didn't attend the preliminary
bid hearing and therefore isn't allowed to bid on the contract.
Sandoval noted that he is permitted to extend the current
contract for one year should he decide that's the best option. L.A.
County makes the bid on behalf of other agencies across the U.S.,
he said, and aims to use the size of the contract to exercise
pricing power, "looking out for the taxpayer."
Analysts at both Janney Capital Markets and J.P. Morgan said
Office Depot's decision demonstrated "discipline," and J.P. Morgan
called it the "right decision for the long term."
Office Depot shares have slumped since posting first-quarter
results that missed Wall Street views and warning its business
remained weak in California, where some 13% of its U.S. stores are
located.
Further, it recently lost its accreditation with the Florida
Better Business Bureau, according to Office Depot, because of its
recent, roughly $5 million settlement with "the Florida Attorney
General concerning contract pricing to certain customers in
Florida." Office Depot said it is "optimistic" the appeal process
will result in restored accreditation.
Plus, Chairman and Chief Executive Steve Odland and two former
employees have received Wells notices from the Securities and
Exchange Commission's Miami office notifying the three the office
made a "preliminary decision to recommend that the SEC bring civil
enforcement actions against them related to possible violations" of
disclosure rules.
FBR Capital Markets, which had expected Office Depot to retain
the majority of the contract, believes the decision to abandon the
bid could even yield a "strategically positive" outcome. FBR now
believes Office Depot's move will, in fact, cause Los Angeles
County to cancel the current bidding and renew the current
contract, under the same terms, for one year. This would mean
Office Depot wouldn't have to take on the new, less-palatable
terms, while keeping the revenue stream and giving the company
"another year to regain traction and credibility."
Office Depot, in a federal filing, said the low operating profit
on the contract mean it "could manage [its] infrastructure costs as
needed in the short term to mitigate the potential financial impact
of the current business not retained." A company spokesman declined
to be more specific.
Industry behemoth Staples Inc. (SPLS), meanwhile, has called the
contract terms onerous in the past, and FBR said another contract
it has appears to have a conflict that could discourage it from
making a competitive bid. A Staples spokesman declined comment on
its contract bids.
Office Depot shares, off 48% in the past three months, were
recently up 6 cents, or 1.5%, at $4.12.
-By Maxwell Murphy, Dow Jones Newswires; 212-416-2171;
maxwell.murphy@dowjones.com
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