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Commission affirms Chenmore ranking after yearlong protest over county engineering RFP
Summary
The Broward County Commission approved the final ranking for engineering services under RFP PNCT2128678P1 after a year of objections and a protest alleging a cone-of-silence breach and copying of a rival firm’s design. County staff and a professional standards review found no merit to the complaints.
The Broward County Commission on May 20 approved the final ranking of firms for engineering services for District 3 system fire flow improvements under RFP PNCT2128678P1, reaffirming county staff's evaluation after public objections and a protest that stretched for about a year.
The ranking placed Chenmore and Associates Inc. first and Thompson & Associates Inc. second; the commission's motion to approve the final ranking was made by Senator Geller and seconded by Commissioner McKenzie. After several speakers and a review by county staff, the vote was approved unanimously.
County staff, the county attorney's office and the professional standards unit examined objections that included an allegation of a cone-of-silence violation and claims that Chenmore had altered its proposal to mirror Thompson's design. Attorney Bernie Friedman, speaking in support of Chenmore, summarized the staff findings: "At no point did Chenmore discuss its proposal with an RFP with any member of the Broward County environmental permitting division," and the professional standards review concluded Chenmore did not contact prohibited persons.
Peter Moore, president and CEO of Chenmore and Associates, highlighted the firm's long ties to Broward County and said the firm had continued to refine its approach after submission but did not change the methodology. "Chenmore is important to Broward County," Moore said, adding the firm has a major local presence and does pro bono and community work.
Jim Thompson, representing Thompson & Associates, disputed the findings and told the commission he believed Chenmore had copied elements of Thompson's design after downloading Thompson's RFP submission. "Chenmore presented lies about my firm, exaggerated facts about their firm, and coordinated with Broward County staff during the cone of silence," Thompson said, adding he believed Chenmore had altered its proposed installation method to mirror Thompson's cost-saving approach.
County Attorney Drew Myers told the commission the protest and objections had been thoroughly reviewed and denied at multiple levels. He recommended approving the ranking and said the proper path for a dissatisfied bidder would have been an appeal to an independent hearing officer; he noted Thompson elected not to pursue that option.
Commission discussion touched on procedural issues raised by the speakers. Senator Geller asked for further detail and was told the county's professional standards report and legal review are included in the record; the county attorney said staff would review whether any procurement code clarifications are warranted to avoid similar disputes in future solicitations.
The commission vote left the procurement ranking in place so staff can move forward with the District 3 fire flow improvements project.
Ending: The commission approved the staff-recommended ranking and directed staff to consider procedural clarifications for future procurements; no independent appeal of the protest was filed during the meeting.
