Palm Beach County commissioners on Feb. 2026 postponed consideration of a contested contract line after two bidders told the board they had been ruled nonresponsive despite offering a substantially lower price.
The dispute centers on a five-year contract for lime and sludge removal for Water Utilities. David Goodlett, speaking for Proline, and Emilio Perez of Big Dog Express told the board they were the low bidder and asked the commission to reconsider a nonresponsive determination that effectively removed them from competition.
"We are the low bid saving over the life of this loan, $864,000," David Goodlett said, urging the board to review why Proline did not receive the award.
Purchasing Director Jessica Comas told the board the solicitation required three references within the past three years specifically related to lime and sludge removal. Comas said the references submitted by Big Dog Express were older and not sufficiently similar to the scope, which under purchasing policy made that submission nonresponsive. She also said the county posts award decisions and that a formal protest requires filing within five business days with a bond.
"When we received the references, particularly, the Big Dog Express, they did not really have what we call the understanding or possibly the references that were related to lime and sludge specifically," Comas said.
Commissioners pressed staff on whether vendors are notified when they are deemed nonresponsive and whether the mandatory pre-bid attendance rule was applied consistently. Water Utilities Director Ali Bayard said the current contractor (Proline) had performed the work but that a mandatory on-site pre-bid meeting was not attended by the prime and that attendance requirements can be met by any representative of the bidding entity.
After debate about fairness and the financial difference between bids, the board agreed to postpone consideration of the specific contested exhibit so the other bidder could be given notice and an opportunity to appear. The motion to postpone the contested exhibit carried, and the board approved the remainder of the contract list exclusive of that exhibit.
The vote to delay consideration was framed by commissioners as an effort to hear both sides before taking an irreversible purchasing action that could cost the county a substantial amount over the contract term. County staff said the remaining procurement timeline and operational continuity for Water Utilities would be managed if a postponement extended the award process.
The county did not announce a final rebid schedule at the meeting; staff told commissioners they have the option to rebid if the board determines that course is appropriate.