The city’s governments in most cases can reject offers too high, even when there is a single bidder. But a Florida contractor, which was offered by a small project was recently rejected by the city of Fort Myers, FLA.
In this case, the work consists of repairs around a valued local statue, the spirit of Fort Myers, known locally as Rachel in the well. The statue and columns, fences and retaining wall, called “Surround” of the statue, suffered damaged from the Hurricane Ian in September 2022.
Fort Myers repaired Rachel’s figure last year, but the columns and the surrounding square were not.
And now ft. Myers wants to use subsidy funds from the Federal Emergency Management Agency, which distributes money to state and local governments to rebuild after natural disasters.
Last year, Fort Myers sought a bidder for the work and Neubert Construction Services presented the only offer of $ 450,000. Six months later, the city again tried -Neuebert was the only bidder, but the price was $ 815,000.
On February 25, Fort Myers City Council voted to end negotiations with Neubert and cancel the application. WGCU, a local television station, reported that the city manager Marty Lawing “stated that an unnamed contractor has been expressed [interest in] Do the job at a cheaper price. “
Tyler Neubert, Vice President of Neubert Construction, wrote in a letter to the city that his company would present a candidacy protest.
And last month, Neubert Construction sued Fort Myers in the State Court, asking a judge to force the city to negotiate with Neubert. In previous negotiations with the city, Neubert said, Fort Myers did not negotiate in good faith.
“Instead,” Neubert says in his demand, “the city simply arbitrarily demanded that the work be done by a significant amount less than the offer and did not engage in substantial negotiations or discussions.”
Among the items on the offer they added costs Neubert was a requirement unnecessarily for the scope of the project For a trailer at the 90 -day project. The project is short and there is no place for one, however, the contractor claimed.
Neubert argued that a full -time superintendent, but it is also a requirement.
After Neubert presented a protest, the city felt that the protest arrived too late.
Neubert, arguing his demand, filed his protest on time according to the terms of the city’s proposal application and the State of Florida statutes that cover the protests that the city generally travels through.
Thus, the demand of Neubert asks a judge to prevent Fort Myers to grant the project to another company and to force the city to consider its protest.
Enr could not immediately reach the engineer of the city of Fort Myers, Nicole Setzer, to comment.