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Board extends North Fulton wastewater operations contract while county cancels and plans rebid after procurement review
Summary
The commission approved a short extension of the existing wastewater operations and maintenance contract and then discussed a procurement irregularity that county lawyers say requires cancelling the previous solicitation and rebidding the work.
The Fulton County Board of Commissioners unanimously approved an extension for operation and maintenance services at North Fulton wastewater facilities and pump stations, authorizing spending up to $7,381,500.47 to keep the current operator in place while procurement issues are resolved.
The vote followed a longer public and internal debate over the competitive procurement for a new operator. Multiple bidders protested the initial award; county procurement staff later reviewed the process and concluded that certain aspects of the solicitation did not comply with state law. County legal staff advised that canceling the solicitation and rebidding the contract was the appropriate remedy. Because the procurement was canceled, any protests tied solely to that solicitation were rendered moot.
Commissioners were divided over the practical consequences. Some said rejecting the recommended bidder now would set a problematic precedent that allows losing firms to delay or derail awards by protesting; others said a rebid was necessary to protect the county from legal exposure and to ensure a fully compliant process. Procurement staff confirmed the county used the state temporary staffing contracts for other solicitations and that some bid protests are commonplace.
Chairman Rob Pitts said all three bidders were capable but acknowledged the procurement had become “messy.” County Attorney and the Purchasing Chief said the best course is to cancel and rebid to eliminate legal risk. The extension approved on June 18 keeps operations running while the county prepares a new solicitation.
Ending: County staff said the canceled solicitation will be reissued and the procurement protest(s) pertaining to the original solicitation will be mooted by that cancellation. The extension preserves continuity of service at North Fulton wastewater facilities while the county completes a new, state‑compliant procurement process.
