Broward School District Faces Challenges in Managing Construction Projects
The Broward School District is grappling with significant challenges in its construction program management, after an audit revealed procedural missteps in their attempt to secure external management. With over 100 school construction projects at stake, this raises concerns about potential delays.
Superintendent Howard Hepburn is set to propose a motion to the School Board on Tuesday to reject all bids submitted by companies aiming to oversee these projects. This comes in response to findings by Chief Auditor Dave Rhodes, as conveyed by district spokesperson John Sullivan.
“The Chief Auditor’s report identified concerns with how the procurement process was conducted, including deviations from established procedures,” stated Sullivan. He added that the Superintendent is reviewing the report to determine corrective measures, aiming to reinforce oversight and compliance with district policy and state law.
Amidst these revelations, the School Board is contemplating emergency measures to address long-standing issues of delays and cost overruns in their construction projects.
The audit report, which was made public on Tuesday, highlights that district staff made vendor selections without verifying qualifications, leading to a hurried process riddled with errors. This could have discouraged potential vendors and restricted the pool of applicants.
The audit notes, “Planning deficiencies led to a heightened sense of urgency that may have contributed to procedural irregularities and solicitation language that may have been unclear to staff and confusing or discouraging to potential vendors.”
The district is in need of vendors to help complete approximately 100 projects delayed since the 2014 SMART bond referendum, including newer endeavors like a replacement building for Rickards Middle after a 2021 roof collapse.
Mismanagement of the SMART bond was a focal point in a 2021 statewide grand jury report, which led to the removal and replacement of four School Board members by Governor Ron DeSantis.
With a lack of internal expertise in their facilities department, district officials have relied on external program managers for a decade, including CBRE Heery from 2015 to 2020 and AECOM from 2020 onward. However, AECOM’s current contract is set to expire on January 17, 2026, and cannot be extended under normal circumstances without a competitive bid process.
Assistant General Counsel Tom Cooney noted on May 6, “If we were to change that now, that would be contrary to the competitive procurement where we set forth the material terms” on the 2020 solicitation. However, he also acknowledged that state law allows flexibility in emergencies, suggesting that such a situation might arise.
Board member Allen Zeman has suggested that the district may need to declare an emergency to extend AECOM’s contract by a year to prevent disruption, stating, “Declare that you can’t live without it.”
The audit was initiated after School Board members received complaints about the vendor selection process. Concerns were raised that new contract bidding could lead to formal protests, delaying any new contract awards until resolved legally.
“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?” queried Board member Sarah Leonardi during an April meeting.
Chief Operating Officer Wanda Paul assured that there was sufficient time to manage any protests, emphasizing a commitment to improving the program based on past lessons.
Procurement Director Jennifer Andreu indicated plans to advertise new solicitations in June and present them to the School Board by August to avoid future bid protests.
Despite efforts, the audit noted inconsistencies in the solicitation language, particularly regarding the number of vendors sought, which could have deterred smaller firms from participating. Ultimately, three firms—AECOM, Jacobs, and EXP—submitted bids, none meeting the district’s financial requirements.
The audit expressed concern over the decision to negotiate with all three bidders without proper evaluation, citing a lack of clarity and urgency in the process.
Sullivan emphasized that the district is now strategizing to maintain continuity in construction projects, reflecting a commitment to transparency and accountability in procurement.
Correction: An earlier version of this article incorrectly named Broward Schools’ chief auditor. His name is Dave Rhodes.
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