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Commission approves first reading of procurement changes to speed solicitations and broaden small‑business options
Summary
On first reading the commission approved amendments to the procurement code that add an automatic cancellation for delayed solicitations, create an alternate process for certain unsolicited proposals per state statute, and provide the mayor additional flexibility in small‑business waiver decisions; second reading is scheduled for Jan. 5, 2026.
The City Commission approved, on first reading, Ordinance No. 51-50 to amend Chapter 66 (procurement). City Attorney Kimberly Rothenberg said the amendments make three principal changes: an automatic cancellation of solicitations that stall after negotiations (sec. 66-70), clarification and an additional procurement method for unsolicited proposals consistent with Florida Statutes Chapter 255 (sec. 66-73), and greater flexibility in the small business participation rules (including mayoral review to consider awards beyond the current 15% variance and requiring contractor utilization forms to meet mandatory participation levels).
Frank Hayden, director of the Office of Small Business, explained the current practice: when the low bidder does not meet mandatory small‑business participation and the next compliant bid is within 15%, the city may award to that next bidder; if not, the city typically rebids. The change would let mayoral review consider exceptions when the extra cost is reasonable and in the city's interest, subject to existing procurement criteria.
Commissioners asked about federal grant constraints, when the mayor can approve direct negotiation versus opening competition, and safeguards to prevent inappropriate awards. Staff said grant‑specific procurement requirements will still govern projects that use grant funds and that the mayor’s discretion would be used in conjunction with city administration and procurement staff. The ordinance passed first reading and staff scheduled a second reading for Jan. 5, 2026.
No final budget appropriation was tied to the ordinance's passage at first reading; the changes are procedural and intended to reduce delays and rebids while preserving procurement safeguards.
