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West Palm Beach commissioners approve first reading of procurement‑code changes aimed at speeding solicitations and supporting small businesses

West Palm Beach City Commission · December 9, 2025
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Summary

On first reading the commission approved amendments to the procurement code to cancel stale solicitations automatically, add an unsolicited‑proposal procurement path consistent with Fla. Ch. 255, and give the mayor discretion to exceed the current 15% threshold for awarding to the next bidder when small‑business participation rules apply.

The City Commission on Monday approved on first reading amendments to Chapter 66 of the city code intended to streamline procurement timelines and expand flexibility for small‑business participation.

City attorney Kimberly Rothenberg told the commission the ordinance (51‑50‑25) proposes three primary changes: automatic cancellation of solicitations that are not timely completed after negotiations start; an expanded procurement method to handle unsolicited proposals consistent with Chapter 255 of the Florida Statutes; and a clarification to the small business program allowing the mayor to consider proposals beyond the existing 15% differential between the lowest bidder and the next bidder that satisfies small‑business participation requirements.

Frank Hayden, director of the Office of Small Business, explained current practice: if the low bidder fails to meet small‑business participation criteria and the next bidder that does is within 15% of the low bid, staff may award to the next bidder. The code changes would allow mayoral discretion to go beyond that 15% in some circumstances, with review to ensure cost reasonableness and city objectives are met.

Commissioners asked for safeguards to prevent inappropriate use of public funds; procurement and small‑business staff said decisions would still be guided by procurement code criteria and budgetary limits. Commissioners moved and approved the ordinance on first reading and scheduled a second reading; staff said one reason for the change was to avoid costly rebids that can delay projects.

What happens next: The ordinance will return for a second reading where any amendments or additional commissioner direction may be made.

Key details: ordinance number 51‑50‑25 (first reading approved); procurement code amendments address solicitation timeouts, unsolicited proposals, and small‑business participation flexibility.