Palm Beach County postpones disputed lime/sludge contract after bidders contest disqualification
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Summary
The county postponed awarding a multi-year lime/sludge hauling contract after competing bidders said they were wrongly deemed nonresponsive; staff cited missed mandatory pre-bid attendance and reference requirements. The board delayed one exhibit of the award to allow further hearing and review.
The Palm Beach County Board of County Commissioners delayed a contract award on a five-year lime and sludge removal contract after competing bidders raised procedural concerns and asked the board to reconsider the procurement process.
At the Feb. 20 meeting, David Goodlett of ProLime told commissioners his firm — which has performed the work for the county for years — was the low bidder by $864,000 over five years and questioned why it was excluded. “We are the low bid saving over the life of this loan, $864,000,” Goodlett said. Emilio Perez of BigDog Express said his company had submitted similar references and was surprised to be disqualified as nonresponsive.
Jessica Comas, the county’s purchasing director, told the board that the solicitation required bidders to provide three references within the past three years and to attend a mandatory pre-bid, on-site conference. Comas said BigDog’s references were older than the required timeframe and not closely similar to “lime and sludge” removal, and that ProLime had been deemed nonresponsive because a representative missed the mandatory on-site meeting. “When we received the references…they did not really have what we call the understanding or possibly the references that were related to lime and sludge specifically,” Comas said.
County attorneys explained the formal protest window is five business days after posting and that the board may order a rebid only for a legitimate, non-arbitrary reason. Commissioners raised concern that the county’s procurement system posts awards without notifying vendors directly, creating a risk that eligible parties could miss the protest window.
Commissioner Sachs moved to postpone the contested portion of item 3 b 3 (exhibit R) to allow the winning bidder and others to be heard; Vice Mayor Woodward seconded. The motion to postpone carried 5-0. The board approved the remainder of the contract list (exclusive of exhibit R) in a separate vote.
County staff said operations could continue with the current contractor while the board considers next steps and noted they are evaluating software to provide vendor notifications to reduce future confusion. The county did not take a final award on the contested exhibit; the board scheduled additional review and requested that the bidders be given an opportunity to present more information before any rebid or final award decision.
What happens next: The board postponed the disputed exhibit to permit the other bidder to appear and to give staff time to review procurement records. If the board later decides to rebid, it must state a legitimate basis for doing so; otherwise the recommended award could move forward pending any timely protest.