City governments typically retain the authority to reject bids deemed too costly, even when only one bidder submits a proposal. However, a Florida contractor is contesting this practice, arguing that state law requires the City of Fort Myers to resume negotiations after initial discussions failed, rather than outright canceling the solicitation.
The dispute centers on repairs to the surroundings of a cherished local monument, The Spirit of Fort Myers, colloquially known as Rachel at the Well. The statue itself was restored last year following damage from Hurricane Ian in September 2022, but its supporting structures—columns, fencing, and a retaining wall—remain in disrepair. Fort Myers intends to fund the project using Federal Emergency Management Agency (FEMA) grants allocated for disaster recovery.
Sole Bidder, Rising Costs, and Failed Negotiations
Last year, Neubert Construction Services submitted the only bid for the project at 450,000.Whenthecityreissuedthesolicitationsixmonthslater,Neubertagainemergedasthesolebidder,butthistimewithanincreasedpriceof450,000.Whenthecityreissuedthesolicitationsixmonthslater,Neubertagainemergedasthesolebidder,butthistimewithanincreasedpriceof815,000. On February 25, the Fort Myers City Council voted to terminate negotiations with Neubert and cancel the bid process. According to local station WGCU, City Manager Marty Lawing cited an unnamed contractor’s interest in performing the work at a lower cost.
Neubert Construction, however, contends that the city acted improperly. In a letter to officials, Vice President Tyler Neubert announced the firm’s intent to file a bid protest. Subsequently, the company sued the city in state court, seeking a judicial order compelling Fort Myers to resume negotiations. The lawsuit alleges that the city did not negotiate in good faith, instead making arbitrary demands for a substantially reduced price without meaningful discussion.
Disputed Bid Requirements and Alleged Unnecessary Costs
Neubert’s legal filing highlights several bid conditions it claims unnecessarily inflated costs, including:
- A mandate for an on-site trailer despite the project’s short 90-day timeline and lack of available space.
- A requirement for a full-time superintendent, which the contractor argues is unnecessary for the scope of work.
After Neubert filed its protest, the city dismissed it as untimely. The company, however, insists it adhered to both the city’s request for proposals and Florida statutes governing bid protests, which the city typically follows.
Legal Action Seeks to Halt Alternative Awards
The lawsuit requests that the court block Fort Myers from awarding the project to another firm and compel the city to formally review Neubert’s protest. As of now, the city has not publicly responded to the allegations.
ENR’s attempts to reach Fort Myers City Engineer Nicole Setzer for comment were unsuccessful at the time of publication.
The case underscores the tension between municipal procurement practices and contractor rights, particularly when sole bids and disaster recovery funding are involved. The outcome could set a precedent for how Florida cities handle similar disputes in the future.
