Commissioners discussed procurement options after two unsuccessful bid rounds for a public-works streetscape/island project. Legal staff and the executive director outlined the constraints imposed by public-works procurement statute and presented two options: scale back the project to use a quote/invitation-to-quote process or rebid the full project through another RFP.
Staff advised the commission that while smaller vendors might have intended to bid and missed deadlines, statutes limit the ability to “artificially divide the project” to stay below procurement thresholds. The staff member said, “You cannot artificially divide the project. So, it falls below that threshold,” cautioning that sequentially splitting work to avoid competitive thresholds is not allowed.
Commissioners debated timing: whether to rebid immediately or delay advertisement by a week to gather vendor feedback and allow staff to refine the solicitation. Staff noted the timing constraints tied to local publication (IBJ) and recommended a brief one-week delay so vendor feedback could be incorporated without pushing the bid window too far into late April.
Michael moved to initiate a third RFP on a one-week delayed timeline (advertisement Friday the 27th, IBJ publication April 3); Becky seconded. The motion passed on a voice vote.
Staff will proceed with the rebid on the authorized timeline and continue outreach to potential bidders; commissioners retained the ability to reject bids or otherwise pause the process if subsequent responses warrant those steps.