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Council rescinds proposed broker-of-record award, agrees to hear bidder—protest after dispute over RFQ rules
Summary
Council was asked to award a broker-of-record contract to RSC Insurance Brokerage Inc., but a timely protest from Gellin Benefits Group prompted debate over whether RFQs are protestable under the city's procurement code; the council rescinded the award and voted to entertain the protest.
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The Riviera Beach City Council paused and then rescinded a planned award for employee benefits brokerage after a dispute over procurement protest rights and multiple rounds of solicitations left vendors and staff at odds. Staff presented a request to award a one-year broker-of-record agreement (with up to four one-year renewal options) to RSC Insurance Brokerage Inc., calling the RFQ process the fourth solicitation for the service. Latanya Ammons, the city—————director of procurement, told the council that several prior solicitations were canceled or found nonresponsive and that the procurement department recommended RSC after reviewing responses to RFQ No. 1179-25-3. Two public commenters—a lawyer representing Gellin Benefits Group and the firm's founder—said their company filed a timely protest under the city procurement code and argued the code requires a stay when a protest is properly filed. Attorney Hans Autonaut read the municipal code language aloud to the council and said: “In the event of a timely protest under the procurement code of this section, the director of purchasing shall not proceed further with the solicitation or award of the contract until all administrative remedies have been exhausted or until the city manager makes a written determination of the award of the contract without delay is necessary to protect the interest of the city.” Council discussion centered on whether the procurement code———specifically authorizes protests of RFQs. Several council members said the code is silent on RFQs and urged hearing Gellin—s protest so the matter could be resolved at the next meeting; others worried that hearing RFQ protests would set a precedent. Council members also discussed the frequency of nonresponsive designations and recommended staff study options such as a cure-deficiency period. After protracted procedural debate, the council voted to rescind the award process and to entertain the bid protest. The clerk recorded the outcome as passing with Chairperson Lanier dissenting. The council did not decide the protest merits at the meeting; the procurement director said a protest timeline would include staff response within five days and then consideration by the city manager and the council at the next meeting if the board elects to hear it. What changed: the council reversed course on an immediate award to RSC and elected to move the procurement matter into the formal protest process so the vendor contesting the RFQ can present its case to the city. Next steps: the procurement director will provide the protest response timeline; if accepted, the protest will proceed through the city————established administrative steps and be returned to the council for decision.

