Broward School District Faces Scrutiny Over Construction Oversight

The Broward School District has encountered significant challenges in its attempts to secure external management for its construction program, according to a recent audit. This development raises concerns about the future progress of over 100 school construction projects that are already facing delays. District Superintendent Howard Hepburn plans to recommend that the School Board reject all bids received from companies seeking to oversee these projects, following findings presented by Chief Auditor John Rhodes.

The audit, shared with the South Florida Sun Sentinel, highlighted serious issues with the procurement process. District spokesperson John Sullivan noted that the report pointed out irregularities, stating, “The Chief Auditor’s report identified concerns with how the procurement process was conducted, including deviations from established procedures.” The Superintendent is currently assessing the report to determine the next appropriate steps, with the aim of enhancing oversight and ensuring compliance with district policy and state law.

Emergency Actions Under Consideration

Due to ongoing delays and cost overruns in construction projects, School Board members are contemplating urgent measures. The audit revealed that district staff made vendor selections without adequately verifying qualifications and proceeded hastily, which may have adversely affected potential bidders and narrowed the applicant pool.

The findings indicate that a lack of planning contributed to procedural irregularities, with unclear solicitation language that may have discouraged smaller vendors from participating. The district is currently seeking vendors to assist in completing approximately 100 long-delayed projects linked to the 2014 SMART bond referendum, as well as newer initiatives like the replacement building for Rickards Middle School, which suffered a roof collapse in 2021.

The management of the SMART bond referendum has been a point of contention, as highlighted in a statewide grand jury report released in 2022. This report led to the removal of four School Board members by Governor Ron DeSantis. Among the cited deficiencies was a nine-month delay in appointing a program manager for the bond due to irregularities in the bidding and selection processes.

Officials within the district have expressed the need for external expertise, citing a deficiency in qualified staff within their facilities department. The district has worked with two program managers over the past decade: CBRE Heery from 2015 to 2020 and AECOM from 2020 onwards. The existing contract with AECOM is set to expire on January 17, 2026. District lawyers have consistently advised School Board members that extending contracts beyond this date is generally not permitted, necessitating a competitive bidding process for any replacement vendor.

In light of these circumstances, Board member Allen Zeman has suggested an emergency one-year extension of AECOM’s contract, recognizing the urgency of the situation. “Declare that you can’t live without it,” Zeman stated. He emphasized the necessity of securing a temporary solution to ensure progress on ongoing projects.

Concerns Over Vendor Selection Process

The audit’s release was prompted by complaints from School Board members regarding the vendor selection process. Hepburn affirmed his commitment to transparency, stating, “I will work with the chief auditor and send every document that we have to whatever investigator because I know the team hasn’t done anything nefarious.” Board members had raised alarms in April about potential complications once AECOM’s contract expired, particularly if a vendor filed a formal bid protest alleging unfair practices.

Should such a protest arise, state procurement rules would prevent the district from awarding a new contract until the matter is resolved. “If we’re in a situation where the AECOM contract is expiring in January, we don’t have a contract to approve and we can’t extend it beyond January, where does that leave the board?” asked Board member Sarah Leonardi during an April meeting.

Despite concerns, Chief Operating Officer Wanda Paul expressed confidence in the timeline, asserting that the district had sufficient time to address any potential protests. The procurement office aimed to finalize the solicitation in June and present it to the School Board for approval by August. However, Leonardi remained skeptical, voicing her worries about being left with no options as deadlines approached.

The audit revealed inconsistencies in the solicitation language regarding the number of vendors sought, which may have adversely impacted participation from smaller firms. Only three program manager vendors—AECOM, Jacobs, and EXP—submitted bids, but none met the financial requirements established by the district.

The Qualification Selection Evaluation Committee (QSEC) evaluated the proposals but faced criticism for recommending negotiations with all three bidders despite their failure to meet the qualifications. Auditors expressed concern that the committee did not adequately assess the firms based on their qualifications and project approaches.

As the Broward School District navigates these complexities, Sullivan stated, “The District is evaluating interim operational options to ensure construction projects continue without disruption.” This reflects the Superintendent’s commitment to accountability and the integrity of the district’s procurement processes as it seeks to rectify its approach to managing construction projects effectively.