A general contracting company is suing the City of Fort Myers after officials rejected its protest over the closure of a construction bid without awarding a contract.
The lawsuit, filed Friday in Lee County circuit court, claims the city did not follow its own procurement procedures or Florida law when it denied the company’s attempt to challenge the outcome.
According to court documents, the dispute centers on a city-issued request for proposals for construction work surrounding the historic Rachel at the Well statue on McGregor Boulevard, near the Edison and Ford Winter Estates.
The contractor, based in Fort Myers, was the only company to respond to both the initial and rebid of the project. After city staff deemed the company’s bid too expensive, council members voted to negotiate a lower price.
But the company claims the city’s efforts weren’t in good faith. The suit alleges city officials made arbitrary demands to reduce the price without addressing or negotiating specific parts of the proposal — some of which the company says were not essential to the job and inflated the cost unnecessarily.
On Tuesday, February 25, the contractor submitted a notice to protest the city’s decision to close the bid process. The city acknowledged receipt of the notice that day but rejected it, claiming the filing was late. The contractor argues it filed within the deadline set by the city’s own procurement policy.
The lawsuit requests a judge order the city to accept the protest as timely and to halt any new bidding or contract awards until the protest is properly reviewed. It also seeks attorney fees and other costs.
This is a developing story story.