Commission resolves contested Port Everglades planning consultant ranking after firms waive protests
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Summary
After public complaints about an irregular second evaluation committee, the board concluded a negotiated reranking that leaves Moffatt & Nichol first and two firms tied for second (Bowman and Hatch), contingent on waivers from affected firms and staff follow‑up to implement up to three contracts; commissioners acknowledged legal risk but acted to move the port program forward.
The Broward County Commission addressed a contested procurement for Port Everglades general planning consultant services after multiple firms raised concerns about a post‑ranking committee replacement and re‑ranking process.
Public speakers representing Moffatt & Nichol, Hatch Associates, Bowman Consulting and others said the procurement process changed after an objection and that the county convened a new evaluation committee which produced a different ranking. Josh Freeman (S18) and others argued the second committee process departed from procurement code principles; county counsel (S5) acknowledged the facts were messy and outlined limited options under state competitive consultant negotiation (CCNA) rules.
Given legal risk in multiple paths — reject all and restart, honor the first scoring, or accept the second scoring — commissioners sought a compromise solution. Several firms represented in chambers agreed to waive rights to protest if the board restructured the outcome to allow Moffatt & Nichol (the firm that ranked first in the second evaluation) to be awarded first priority and to treat Bowman and Hatch as tied for second, enabling administration to seek up to three contracts or otherwise negotiate within procurement law limits.
County counsel outlined the legal exposure and recommended staff pursue the approach least likely to invite successful challenge while also enabling the port to get much‑needed consultant support. With waivers in hand from the affected firms, the board voted to approve the reranking approach and directed staff to negotiate with the ranked firms and modify the solicitation so it can award up to three contracts if legally permitted.
