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Contractor tells council procurement violated RFQ terms, asks for audit

Fort Myers City Council · August 5, 2024
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

A local contractor, Neubert Construction Services, told the council the removed item 3.18 showed procurement did not follow the RFQ's supplementary conditions and alleged breach of contract and violations of Florida statutes and city procurement policy; he urged a council‑ordered audit.

Tyler Neubert of Neubert Construction Services told the council during public input that the solicitation process for RFQ 007‑21 did not follow its supplementary conditions and resulted in higher prices than a contract‑compliant approach would have produced. He said staff should have solicited multiple contractors consistent with the RFQ and that a failure to do so led to what he called tens of thousands of dollars in avoidable cost.

"This is a breach of contract as well as a willful violation of Florida statutes, Florida administrative code, city ordinance, and city procurement policy," Neubert said, summarizing the concerns he previously raised at the March 18 meeting. He presented alternative pricing using unit rates from contract vendors and asked council to call for an audit into procurement practices, citing another recent project (Carillon Woods drainage and paving repairs) as an example.

Council acknowledged the public comment but the agenda item was removed from consent for separate consideration; staff did not present a response in the public comment segment. The council did not take immediate formal action on the complaint during the public comment period; Neubert urged the council to use its authority to investigate and, if warranted, refer issues to appropriate agencies.