Agenda 02/28/2017 Item #16E1202/28/2017
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to advertise an Amendment to Ordinance
No. 2013, as amended, commonly known as the Collier County Procurement Ordinance.
OBJECTIVE: To authorize the County Attorney to advertise an amen dment to Ordinance No.
2013-69, as amended, commonly known as the Collier County Procurement Ordinance.
CONSIDERATIONS: O n December 10, 2013, the Board adopted Ordinance No. 2013-69, known
as the Collier County Purchasing Ordinance; and subsequently amended Ordinance No. 2013-69
through its adoption of Ordinance No. 2015-37, Ordinance No. 2015-51, Ordinance No. 2016-11, and
Ordinance No. 2016-19.
In January 2017, the County Manager advised the BCC that staff would be presenting a series of
amendments to the Procurement Ordinance designed to streamline business processes and improve the
payment and contract management process. The Board endorsed that initiative and directed staff to
move forward with the ordinance amendment with dispatch. Staff now seeks Board authorization to
advertise an amendment to adopt additional revisions to Ordinance No. 2013-69, as amended, to
increase efficiency in the procurement and contracting functions by adopting the following changes:
Clarifying the County Manager’s delegated authority as it relates to contracts with no additional
increase to the established $50,000 delegated authority.
Adding a new section titled “Ethical Standards,” which subjects both staff and vendors to County
ethics requirements; linking staff to potential disciplinary action and vendors to suspension and
debarment action when violations to ethics standards occur.
Expansion and clarification of procurement types that may qualify for exemption to the
competitive process when there is an inability to secure competition, and providing oversight to
that process by requiring individual review by the Procurement Services Director.
Clearly defining and adding additional procurement methods not previously described in the
Ordinance. New methods to now include; Request for Professional Services (RPS,) Invitation to
Negotiate (ITN,) Invitation for Qualifications (IFQ,) Reverse Auction, and Request for
Information (RFI.)
Adding a “Reserved Rights” section that allows the County flexibility in making awards on a line
item basis, cancelling solicitations and providing for the ability to negotiate with a single bidder.
County Manager staff held constructive meetings with representatives of the Clerk’s Finance
Department to review proposed amendments and seek additional input.
FISCAL IMPACT: The only fiscal impact will be the expense in advertising the amendment to the
Ordinance.
GROWTH MANAGEMENT IMPACT : There is no Growth Management impact associated with
this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval-SRT.
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02/28/2017
RECOMMENDATION: To authorize the County Attorney to advertise an amendment to Ordinance
No. 2013-69, as amended, commonly known as the Collier County Procurement Ordinance and direct
staff to bring the amended ordinance back for the Board’s consideration at a future meeting.
PREPARED BY: Ted Coyman, Director, Procurement Services Division
ATTACHMENT(S)
1. 2017 Purchasing Ordinance cao srt 2 (PDF)
2. Change Table (PDF)
3. Red Line Version of Ordinance2 (DOC)
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02/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.12
Doc ID: 2718
Item Summary: Recommendation to authorize the County Attorney to advertise an Amendment
to Ordinance No. 2013, as amended, commonly known as the Collier County Procurement Ordinance.
Meeting Date: 02/28/2017
Prepared by:
Title: – Procurement Services
Name: Ted Coyman
02/08/2017 4:18 PM
Submitted by:
Title: – Procurement Services
Name: Ted Coyman
02/08/2017 4:18 PM
Approved By:
Review:
Procurement Services Barbara Lance Level 1 Purchasing Gatekeeper Completed 02/08/2017 4:22 PM
Procurement Services Ted Coyman Additional Reviewer Completed 02/08/2017 4:31 PM
Administrative Services Department Len Price Level 1 Division Reviewer Completed 02/14/2017 3:29 PM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 02/16/2017 5:28 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 02/17/2017 8:37 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/17/2017 8:49 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 02/21/2017 9:23 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/21/2017 3:32 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/22/2017 4:12 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/28/2017 9:00 AM
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PROPOSED CHANGES TO PROCUREMENT ORDINANCE
SECTION CHANGES MADE REASON
SECTION ONE Purchasing changed to Procurement
throughout document
Per prior Board direction
SECTION TWO Purchasing changed to Procurement
throughout document
Per prior Board direction
SECTION THREE Add language to “approve, amend,
extend, and renew, contracts under
$50,000” and clarify Fiscal Year
expenditure limitation by contract type.
Better outlines the authority of
the BCC and the County
Manager as it relates to
contracts.
SECTION FOUR Revision to the Definitions Section
adding new definitions or clarifying
existing and removing unnecessary
terms.
Clarity of the terminology and
matching up with both State
Statute language and NIGP
terms.
SECTION FIVE New language to describe relationship
to the elected or appointed officials.
Removal of duplicate language.
No prior language existed to
address constitutional officers
and the elective use of the BCC
procurement services.
SECTION SIX New language authorizing the
development and use of systems, tools
and methods to evaluate vendors.
Removal of redundant language.
Allows for the use of audit and
evaluation tools in contract
administration and in vendor
evaluations.
SECTION SEVEN New section on ethics with ties to
Florida Statutes and County Ethics
Ordinance that applies to both staff and
vendors. Linking violations to
disciplinary actions and
suspension/debarment.
Language was missing, and was
not being addressed effectively
in the current Ordinance.
SECTION EIGHT New section to address consideration
for exemption to the competitive
process.
Added to address procurements
where free market competition
is either not possible or desired
to achieve the County goals.
SECTION NINE Language clarification.Language clarification
SECTION TEN Language clarifications to Informal
Quotes and elimination of duplicate
language.
Moved examples of
procurements that are exempt
for completion to SECTION
EIGHT
SECTION ELEVEN New language to include and define
additional procurement methods.
Elimination of redundant language.
Old language addressed only BID
and RFP process which did not
allow for additional required
methods.
SECTION TWELVE Process language pertaining to
BIDS/RFP/Professional Services
removed and new Reserved Rights and
award criteria language added.
Bid/RFP/RPS process details are
contained in the Procurement
Manual and address in SECTION
ELEVEN.
SECTION THIRTEEN Elimination of redundant language and
correcting the reference to the updated
Florida Statute.
Change to the Florida Statute
from 287.05712 to 255.065.
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Packet Pg. 1197 Attachment: Change Table (2718 : Amendment to Procurement Ordinance)
PROPOSED CHANGES TO PROCUREMENT ORDINANCE
SECTION CHANGES MADE REASON
SECTION FORTEEN No change
SECTION FIFTEEN Language clarification.Correction to section references.
SECTION SIXTEEN Addition of a policy requirement to
provide oversight on cases where
freight payments are required.Removal
of the interest payment report and
Board pre-payment of expenditures.
To addresses situations that do
not conform to the County
General Terms and Conditions.
Clerk AP and interest report is
not subject to the Procurement
Ordinance. Public purpose is
established during
Requisitioning.
SECTION SEVENTEEN No change.
SECTION EIGHTEEN Language clarification.Section reference clarification.
SECTION NINETEEN Language clarification.Section reference clarification.
SECTION TWENTY No change.
SECTION TWENTY-ONE No change.
SECTION TWENTY-TWO No change.
SECTION TWENTY-THREE Language clarification, removing
redundant language and defining
methods.
Required to reference new
formal solicitation methods
added in SECTION ELEVEN.
SECTION TWENTY-FOUR Clarifying the section reference and
moving language pertaining to
Emergency Procurements to SECTION
ELEVEN.
Placing Emergency
Procurements under
Procurement Methods in
SECTION ELEVEN.
SECTION TWENTY-FIVE Language clarification.Clarify title change.
SECTION TWENTY-SIX No change.
SECTION TWENTY-SEVEN Removal of redundant language.Clarify the section.
SECTION TWENTY-EIGHT Language clarifications to remove
unclear and conflicting statements.
Addition of language related to
submitting false invoices.
Clarify the section.
Adding language to address
vendors who submit false or
misleading invoices.
SECTION TWENTY-NINE No change.
SECTION THIRTY No change.
SECTION THIRTY-ONE No change.
SECTION THIRTY-TWO No change.
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ORDINANCE NO. 2017 - _____
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2013-69,
AS AMENDED, KNOWN AS THE COLLIER COUNTY PURCHASING
PROCUREMENT ORDINANCE, IN ORDER TO ADD PROCUREMENT
METHODS, ESTABLISH EXEMPT PROCUREMENT CATEGORIES,
AND TO UPDATE AND CLARIFY OTHER PROVISIONS OF THE
ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners (the Board) desires to seek the maximum value
for the County by procuring the best value in obtaining commodities and contractual services; and
WHEREAS, to better effectuate this desire, on December 10, 2013, the Board adopted Ordinance
No. 2013-69, known as the Collier County Purchasing Ordinance; and
WHEREAS, the Board subsequently amended Ordinance No. 2013-69 through its adoption of
Ordinance No. 2015-37, Ordinance No. 2015-51, Ordinance No. 2016-11, and Ordinance No. 2016-19;
and
WHEREAS, the Board seeks additional revisions to Ordinance No. 2013-69, as amended,
to increase efficiency and ease of administration.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Ordinance No. 2013-69, as
amended, is further amended as follows:
SECTION ONE: Title and Citation.
This Ordinance shall be known and may be cited as the "Collier County Purchasing Procurement
Ordinance" or "Purchasing Procurement Ordinance."
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SECTION TWO: Purpose.
The purpose of this Purchasing Procurement Ordinance is to codify and formalize Collier County's
Purchasing Procurement Policy, to provide for the fair and equitable treatment of all persons involved in
public purchasing by the County, to maximize the purchasing value of public funds in procurement, and
to provide safeguards for maintaining a procurement system of quality and integrity. Any provision of
this Ordinance in conflict with statute is null and void as to the conflict.
1. (a) This Purchasing Procurement Ordinance applies to the procurement of goods and services
by the County after the effective date of this Purchasing Procurement Ordinance. This Purchasing
Procurement Ordinance shall apply to all expenditures of public funds by the Board of County
Commissioners for public purchasing, irrespective of the source of the funds. Nothing in this section shall
prevent the County from complying with the terms and conditions of any grant, gift or bequest that is
otherwise consistent with law.
2. (b) Nothing contained herein shall be construed as requiring Collier County's Constitutional
Officers (Clerk of the Circuit Court, Property Appraiser, Sheriff, Supervisor of Elections, and Tax
Collector), Court Administration, State Attorney, Public Defender or the Collier County Metropolitan
Planning Organization non-county funds to be covered by the provisions of this Purchasing Procurement
Ordinance. However, the services of the Collier County Purchasing Procurement Services Division
Department and Purchasing Procurement Services Director may be made available for consultation.
3. (c) The Board of County Commissioners shall execute formal contracts in excess of $50,000
having a binding effect upon the County, to include revenue generating contracts, and hereby delegates to
the County Manager and Procurement Services Director or designees, the authority to approve contracts
or agreements and amendments, extensions, and renewals of such contracts or agreements, including
change orders, work orders and other ancillary documents, providing the total amount of County
expenditure for any such contract or agreement does not exceedmake purchases and enter into, modify
and terminate contracts for purchases or awards in an amount not to exceed $50,000.unless otherwise
specified by action of the Board of County Commissioners.
a. The $50,000 limitation set forth above shall be determined by the following:
b. a. the per fiscal year dollar total expenditure for term contracts,
c. b. the per fiscal year dollar expenditure for fixed-fee agreements,
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d. c. the per fiscal year dollar expenditure for lease agreements,
e. d. the total dollar expenditure included in the contract for lump -sum or specific
project agreements.
Agency shall mean all departments, divisions, units and offices under the Board of County
Commissioners, including the Collier County Redevelopment Agencies, the Collier County Airport
Authority, Collier County Water Sewer District and all departments under the auspices of the County
Manager. Also included are those elected or appointed officials that agree to utilize procurement services
provided by the Collier County Board of County Commissioners.
Change Order shall mean a written order by a project manager, approved by the Purchasing Procurement
Services Director and the Board of County Commissioners, directing the contractor to change a contract's
amount, requirements, or time. All changes must be within the original scope of the contract and in
accordance with the Board approved contract's changes clause or, if no such clause is set forth within the
agreement, in accordance with this Purchasing Procurement Ordinance.
Consultant/Contractor/Supplier/Vendor shall mean a provider of goods or services to the County agency.
These terms may be used interchangeably.
Continuing Contract shall mean a contract for professional services with no time limitation except that
the contract must include a termination clause. as defined under Florida Statute 287.055 Continuing
contracts must contain sufficient details of goods and services to be procured for proper audit.
County shall mean Collier County.
designee, as defined in the County Administration Law of 1974, F.S. ch. 125, pt. III.
Disadvantaged Business Enterprise shall mean a small business concern certified by the Department of
Transportation to be owned and controlled by socially and economically disadvantaged individuals as
defined by the Surface Transportation and Uniform Relocation Act of 1987.
Fixed-Fee Agreement is a contract providing for a firm price, or a price that may be adjusted only in
accordance with contract clauses providing for revisions of the contract price under stated circumstances.
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Lump Sum or Specific Project Agreement is a contract where a firm fixed total price is offered by the
vendor for the completion of a project; typically this is done through a competitive process and where the
final invoicing will require no cost breakdown.
Responsible Bidder/Proposer shall mean a vendor who has the financial and technical capacity to perform
the requirements of the solicitation and subsequent contract.
Minority business enterprise or any other designation assigned by the Office of Supplier Diversity shall
mean a firm or individual whom satisfies the registration requirements of that agency and/or satisfies the
requirements outlined in Florida Statute Chapter 287.0943(2)(e), Chapter 295.187, Chapter 60A-9,
Florida Administrative Code. have the same definition as set forth in F.S. § 288.703, as amended from
time-to-time, which presently means any small business concern as defined below, which is organized to
engage in commercial transactions, which is domiciled in Florida, and which is at least 51 percent owned
by minority persons who are members of an insular group that is of a particular racial, ethnic, or gender
makeup or national origin, which has been subjected historically to disparate treatment due to
identification in and with that group resulting in an underrepresentation of commercial enterprises under
the group's control, and whose management and daily operations are controlled by such persons. For
purposes of this definition, "small business" means an independently owned and operated business
concern that employs 200 or fewer permanent full-time employees and that, together with its affiliates,
has a net worth of not more than $5,000,000.00 or any firm based in this state which has a Small Business
Administration 8(a) certification. As applicable to sole proprietorships, the $5,000,000.00 net worth requirement shall include both personal and business investments.
Purchase Order shall mean a form of contract which encumbers appropriated funds and which is directed
to a single vendor to furnish or deliver commodities or services to the County.
Purchasing Card shall mean a credit card officially assigned to specific employees under the purview of
the Board of County Commissioners for the purpose of transacting small and/or strategic purchases.
Purchasing Director Procurement Services Director is the Purchasing Director Procurement Services
Division Director of Collier County.
Sole source refers to a procurement where the selection of one particular supplier to the exclusion of all
others may be based on a lack of competition, proprietary technology, copyright, warranty or a supplier’s
unique capability.is when there is only one vendor capable of providing a good or service.
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Standardization shall mean the adoption or selection of a common commodity (commodities), service(s), or a system(s) to be used by one or more County agencies to promote the cost-effective delivery of services.
approved continuing or fixed fee term agreement, which authorizes a contractor or consultant to perform a
specific task within the broader scope of the master agreement. Nothing in the work order shall conflict
with the terms and conditions of the fixed feeterm contract, and all work done must fall within the scope
and term of the underlying agreement.
SECTION FIVE: Establishment of Procurement Services Division and Procurement Services
Director.
1. There is hereby established the Collier County Procurement Services Division, which
shall be a distinct administrative department under the direction of the County Manager.
a. 2. The Procurement Services Director of the Purchasing Department
Procurement Services Division shall have the authority to negotiate all purchases
for all Agencies except as required by State, Federal or Local Law. In keeping
with F.S. ch. 125, this Purchasing Procurement Ordinance grants to the
Procurement Services Director only those powers and duties which are
administrative and ministerial in nature and does not delegate any governmental
power imbued in the Board of County Commissioners as the governing body of
the County pursuant to Fla. Const. Art. VIII, § 1(e). To this end, the below
specifically enumerated powers are to be construed as administrative and
ministerial in nature, for the purpose of carrying out the Board's directives and
policies. The Procurement Services Director may delegate to one or more Purchasing
Procurement Services Division employees any and all aspects of the authority
vested in the Procurement Services Director by the County Manager. Except as
otherwise specified by law, this Article shall apply to every procurement under
the authority of the Collier County Board of County Commissioners and to
elected or appointed officials (Clerk of the Circuit Court, County Attorney,
Property Appraiser, Sheriff, Supervisor of Elections, Tax Collector and Collier
County M.P.O.) who choose to utilize procurement services provided by the
Collier County Board of County Commissioners.
b. Notwithstanding any other provision of the Procurement Ordinance, the
Procurement Services Director, is authorized to issue purchase orders at the
written request of elected or appointed officials.
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c. Nothing in this article shall limit the Collier County Board of County
Commissioners' right to waive any provisions contained herein when the Collier
County Board of County Commissioners shall deem it in the best interest of the
County.
SECTION SIX: Duties of Purchasing Department Procurement Services Division.
Within the constructs of this Ordinance, the Purchasing Department Procurement Services
Division shall be responsible for:
1. Seeking Maximum Value: Acting to procure for the County the highest quality
commodities and contractual services at least expense to the County.
2. Encouraging competition: Endeavoring to obtain as full and open competition as
possible on all purchases, services and sales.
3. Purchasing Procurement Analysis: Keeping informed of current developments in the
field of purchasing, prices, market conditions and new products, and securing for the County the benefits
of research conducted in the field of purchasing by other governmental jurisdictions, national technical
societies, trade associations having national recognition, and by private business and organizations.
4. Purchasing Procurement Manual: Preparing and recommending for adoption by the
Board of County ManagerCommissioners administrative procedures for the Agency known as a
Purchasing Procurement Manual for the implementation of this Purchasing Procurement Ordinance. In
keeping with Ord. No. 2004-66, such procedures shall be made part of the Collier County Administrative
Code, with all adoptions, amendments, additions, revisions, or modifications made by resolution of the
Board. The Purchasing Procurement Purchasing Manual shall be maintained and published on-line for
the benefit of the public.
5. Forms: Prescribing and maintaining such forms to implement this Purchasing
Procurement Ordinance and Purchasing Procurement Manual.
7. Tax Exemption: Procuring items for the County to exercise its tax exemption status
when eligible.
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8. Suspension and Debarment of Vendors: Overseeing and facilitating the suspension and/or debarment of vendors as set forth below.
89. Inquiry and Control: Full authority to:
a. Question the quality, quantity, and kinds of items requisitioned in order that the
best interests of the County are served;
b. Ensure the timely, proper and orderly acquisition of services to the various
operating departments divisions;
c. Ensure purchases are consistent with the Purchasing Procurement Ordinance;
d. Determine if specific purchases should be approved by the Board prior to the
purchase.
e. Determine work assignment rotation schemes when multiple contracts are
awarded for the same service.; and
e. Delegate Purchasing Procurement Services Director authority granted by this
Purchasing Procurement Ordinance in whole or in part to Purchasing Department
Procurement Services Division staff members.
910. Records of Procurement activity shall be maintained in compliance with the Chapter 119,
Florida Statutes, “Public Records.”
1. Every employee, elected or appointed official of Collier County has the responsibility to
maintain the confidence of the citizens of Collier County by conducting the procurement process in an
ethical, fair and transparent manner. Collier County employees shall act in good faith to discharge their
duties and avoid either the intent or appearance of unethical practices in procurement relationships,
actions and communications.
2. Any attempt by Collier County employees, elected or appointed official of Collier
County to realize personal gain from the procurement process is a breach of public trust. All County
employees shall govern themselves in accordance with the Standards of Conduct as set forth in applicable
Collier County Government Regulations, to include the Collier County Ethics Ordinance No. 2003-53 as
amended, County Manager Administrative Procedures (CMA) Code of Ethics, and F.S. ch. 112.
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3. Collier County requires each vendor who seeks to do business with Collier County to
comply with the following ethical standards:
a. No vendor shall discuss or consult with other vendors intending to compete for
the same or similar contract for the purpose of bid rigging, collusion or other
activities that are illegal, unethical or limiting competition.
b. No vendor shall submit false information or intentionally submit misleading
information to Collier County.
c. After the issuance of any solicitation, no current or prospective vendor or any
person acting on their behalf, shall contact, communicate with or discuss any
matter relating to the solicitation with any Collier County employee or elected or
appointed official, other than the Procurement Services Director or his/her
designees. This prohibition ends upon execution of the final contract or upon
cancellation of the solicitation. Any current or prospective vendor that lobbies
any Collier County employee or elected or appointed official while a solicitation
is open or being recommended for award (i) may be deemed ineligible for award
of that solicitation by the Procurement Services Director, and (ii) will be subject
to Suspension and Debarment outlined in SECTION TWENTY-EIGHT,
4. Failure to comply with this Section shall be deemed a violation of ethical standards
subject to administrative actions and may be subject to civil, and/or criminal penalties for ethical
violations as described below:
a. Employees who violate the ethics standards described in this section shall be
subject to administrative disciplinary action, following Collier County
Government Human Resources procedures and guidelines, up to and including
dismissal from Collier County Government employment.
b. Vendors who violate the ethics standards described in this Section shall be
subject to Suspension and Debarment as provided in SECTION TWENTY-
EIGHT of this Article.
5. Vendors doing business with Collier County shall comply with the provisions of Section
287.133, Florida Statutes (“Public Entity Crimes Act”).
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The following categories of procurements may be eligible for exemption to the competitive
process waivers of competition based upon the determination of the County Manager or designee
Procurement Services Director that approval of such an exemption waiver is in the best interest of the
County.
1. Purchases from another government agency or from a nonprofit organization authorized
to do business in the State of Florida.
2. Dues and memberships in trade or professional organizations; registration fees for trade
or career fairs; fees and costs of job-related seminars and training.
3. Subscriptions, periodicals, newspapers, books, electronic information, media, maps,
pamphlets and similar material in printed or electronic form.
4. Advertisements.
5. Utility Services: water, sewer, electrical, gas, or other regulated utility, communications
and data transmission services subject to government rate control.
6. Educational or academic programs; educational or recreational field trip instructors,
trainers, facilitators, professional advisors and speakers.
7. Legal services including retaining services of law firms or other outside counsel for any
reason, expert witnesses, court reporter services, appraisal services, trial consultants or similar persons or
firms deemed by the Collier County Attorney as necessary to address the legal needs of Collier County,
together with document management and production, legal research, and information technology products
and services.
8. Goods or services purchased from grants, gifts, bequests or donations to the extent of the
application of this Article would conflict with the requirements, conditions, or limitations attached to the
grant, gift, bequest, or donation.
9. Products or services necessary to maintain existing warranties and licenses or to maintain
compatibility with existing Collier County systems.
10. Repairs based upon shop estimates for equipment that has been disassembled.
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11. Personnel services; recruitment services.
12. Works of Art for Public Display
13. Direct purchase orders issued when it is in the best interest of Collier County. Collier
County may make direct purchases of goods and services when the County can procure these items at a
lower cost and/or realize a tax or delivery savings.
14. Financial Instruments: professional services required for the issuance of Collier County
debt, debt service and Collier County investments related thereto, including the selection of investment
bankers for Collier County's Underwriting Pool and the selection of Collier County's Financial Advisor.
15. Entertainment services for County-sponsored events.
16. Services for management studies, executive analysis and related matters as directed by
the County Manager .
17. Where specified by general law, ordinance or Collier County Board of County
Commissioners policies, any purchase governed by explicit provisions of general law or other Collier
County ordinance or Collier County Board of County Commissioners policies (resolution) unless the
solicitation indicates the applicability of this Article, and this Article shall apply only to the extent set out
in the solicitation.
A purchase shall not be artificially divided or split so as to qualify under this or any other section
of this Purchasing Procurement Ordinance. All small purchases will be obtained by a Single Quote, with
documentation, and generally be processed using a regular purchase order, or a purchasing card in
accordance with SECTION TWENTY-SIXection 27 of this Purchasing Procurement Ordinance.
Obtained by a Single Quote.
Operating Division staff should make all reasonable efforts to purchase goods and services under Board
approved contracts. In the event a contract is not availableutilized, staff will procure the highest quality
items or services at the least expense to the County. after approval by the Procurement Services Director.
Only the Board's Procurement Services staff may approve issue a qualification based Small Purchase solicitation.
SECTION EIGHT NINE TEN: Informal Competition (Purchases Exceeding $3,000 but Not
Greater Than $50,000).
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A purchase shall not be artificially divided or split so as to qualify under this or any other section
of this Purchasing Procurement Ordinance. Operating Division staff should make all reasonable efforts to
purchase goods and services under Board approved contracts. In the event a contract is not available, or
staff demonstrates that the price under contract exceeds the price on a non-contract, staff will procure the
highest quality items or services at the least expense to the County by using the following informal
competition process:
1.A. Purchases exceeding $3,000 but not greater than $50,000 may be solicited by quotation
as follows:
a. Minimum Number Quotes: Open market pPurchases or sales in excess of
$3,000 but not greater than $50,000 shall be based on a good faith effort
under direction of the Procurement Services Division to obtain at least three (3)
competitive quotes. Awards shall be made to the lowest, qualified and responsive
quote in accordance with the standards set forth in this Purchasing Ordinance. by
either Operating Division Staff or Procurement Staff to obtain at least
three (3) documented competitive quotes.
b. Solicitation of Quotes: Open market sale or price qQuotes may be solicited in
writing or electronically using available bidders' and supplier lists and must be
tendered or confirmed in writing or electronically by the vendor prior to
purchase. Only the Board's Procurement Services staff may issue a qualification
based solicitation. Final recommended award of any quote Quote information
will be reviewed and approved by the Procurement Services Director.
3. Public Record: The Procurement Services Director shall maintain records of all open
market quotes according to public records law. Such records shall be open for public
inspection after an award has been made.
B. The requirements for requesting quotes from three (3) or more sources may be waived by the
Procurement Services Director to the extent authorized by law for:
1. Purchase of library books, education and/or personnel tests, similar audio visual
materials, periodicals, and printed library cards.
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2. Professional services; and, in instances where commodities or services are purchased
directly from the owner of a copyright or patent, a governmental agency, a recognized
educational institution, or when there are no other identifiable sources available.
3. Purchases that the Procurement Services Director has determined to be legitimate sole or
single source purchases.
4. Valid public emergencies or other exigent instances deemed by the County Manager
pursuant to Section 25.
5. Purchase of services from experts or consultants by or through the Office of the County
Attorney for purposes of preparing for or defending against imminent or pending civil litigation
or administrative proceedings.
SECTION NINE TEN ELEVEN: Formal Competitive Threshold (purchases in excess of
$50,000.00) Procurement Methods.
Collier County's procurement methods may include, but are not limited to the following:
18.1. Informal quotes may be solicited and awarded by designated Collier County employees
as set forth in the Procurement Manual without public announcement and without formal competition.
19.2. Request for Quote (RFQ) may shall be issued by either the Operating Division Staff or by
the Procurement Staff. Any resulting contract shall be awarded to the responsible and responsive vendor
submitting the lowest or best overall quote which meets all specifications.
20.3. Invitations to for Bid (ITFB) shall be issued by the Procurement Services Director with
public announcement and competition. Any resulting contract shall be awarded to the responsive and
responsible bidder submitting the lowest or best overall bid which meets all specifications.
21.4. Cooperative Purchasing
a. Piggybacking
The Procurement Services Director shall have the authority to procure goods or
services from vendors who have been selected, as a result of a competitive
selection process for a federal, state or municipal government, or any other
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governmental agency, political subdivision, or government-related association,
provided that the originating entity utilized a competitive process similar to
Collier County's. The Procurement Services Director shall annually bring
forward to the Board of County Commissioners a list of recommended
cooperatives for Board consideration as outlined in Section Eighteen.
b. Consolidated Joint Purchasing
The Procurement Services Director shall have the authority to join with other
government entities and consortiums in cooperative purchasing ventures when in
the best interest of Collier County.
22.5. Request for Proposals (RFP) shall be issued by the Procurement Services Director with
public announcement and competition. Any resulting contract shall be awarded to the responsive and
responsible proposer submitting the best proposal according to the criteria set forth in the solicitation.
23.6. Request for Professional Services (RPS) shall be issued by the Procurement Services
Director to procure professional engineering, architectural, landscape architectural or surveying and
mapping services in accordance with the Consultants' Competitive Negotiation Act (CCNA), F.S. §
287.055. As described in Section Eleven of this Ordinance.
24.7. Invitation to Negotiate (ITN) shall be issued by the Procurement Services Director with
public announcement and competition. An ITN is used when it is determined beneficial to issue a
written solicitation for competitive sealed replies to select one or more vendors with which to conduct
negotiations.
25.8. Emergency Procurements may be used in the event of an unexpected and urgent need
where health and safety or the conservation of public resources is at risk, or during Board absences (all
efforts should be made to obtain Board approval prior to anticipated recesses), using such competition as
is practical under the circumstances, as follows:
a. Following a declaration of the existence of an emergency situation by the
County, the Collier County Board of County Commissioners or their designee
may declare the existence of an emergency procurement condition and may
suspend any or all of the provisions of this article and authorize an emergency
procurement.
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b. The Collier County Manager or his/her designee, on a case by case basis may
approve an emergency purchase based upon the Procurement Services Director’s
good faith review of the available sources that may timely respond to the urgent
need for goods and services and the documentation of the emergency conditions
related to that purchase. Upon written determination and approval of the Collier
County Manager, the emergency purchase may be made. The Collier County
Manager will report to the Collier County Board of County Commissioners all
such emergency procurements at the next available Board meeting.
c. This section in no way constrains the provisions of Collier County’s Civil
Emergency Ordinances or powers and authority pursuant to F.S. ch. 252,
Emergency Management.
26.9. Invitation for Qualifications (IFQ) shall be issued by the Procurement Services Director
when it is in Collier County's best interest to limit participation in the solicitation process to those bidders,
proposers or offerors who demonstrate a capability to provide the goods and services required by the
Collier County or when qualifications are the only criteria.
27.10. Sole Source Procurement is a selection of one particular supplier to the exclusion of all
others. This decision may be based on lack of competition, proprietary technology, copyright, warranty or
a supplier’s unique capability.
28.11. Single Sourcing is a procurement decision whereby purchases are directed to one source
because of standardization, warranty, or other factors, even though other competitive sources may be
available.
29.12. Reverse Auctions shall be issued by the Procurement Services Director when it is deemed
to be the most efficient means of obtaining the best price through open competition.
30.13. Requests for Information (RFI) shall be issued by the Procurement Services Director
when it is in Collier County’s best interest to request information from potential vendors prior to the
issuance of a planned solicitation.
14. A. It is the intent of the Board of County Commissioners to establish an amount of
fifty thousand dollars ($50,000.00) as the County's threshold for formal competitive purchases
solicitations to include IFB, RFP, RPS, ITN, IFQ, and Reverse Auctions administered under the
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supervision of the Procurement Services Director All such purchases shall be accomplished by
competitive sealed bid, by competitive selection and negotiation (per Section 11or by competitive
proposals (per Section 12). Award of any resulting agreements or contracts shall be made by the Board to
the lowest, qualified responsive bidder except where otherwise provided for in this Purchasing
Procurement Ordinance or unless an exception is granted by the Board. Bid limits for requirements
utilizing federal or state funds will be those required by said agency granting the funds or the County's
requirements, whichever is more restrictive.
All formal competition shall be procured under the supervision of the Purchasing Director.
B. The requirement for formal competition may be waived by the Board of County Commissioners
where permitted by law, under the following circumstances:
1. Purchase of library books, education and/or personnel tests, similar audio visual materials,
periodicals, printed library cards, or other statutorily authorized exceptions.
2. Sole source purchases or single source purchases (pursuant to subsection D).
3. Valid public emergencies (pursuant to Section 25.
4. Where it is determined to be in the best interests of the County to do so.
C. All purchases subject to formal competition shall be awarded by the Board of County
Commissioners.
D. Exemption For Single Source Commodities: Purchases of commodities and services from a single
source may be exempted by the Board of County Commissioners from formal competition upon
certification by the Purchasing Director of one the following conditions:
1. The item(s) is the only one available that can properly perform the intended function(s);
2. The recommended vendor/contractor is the only one ready, willing and able to meet the County's
requirements; or
3. The requested exemption is in the County's best interest.
15. E B. Use of Past Performance Data: In order to promote the quality delivery of
commodities and services, County departments shall record and consider the past performance of vendors
in the award of contracts exceeding the competitive threshold. This objective shall be accomplished as
follows:
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a. 1. The Purchasing Procurement Services Division Department shall be responsible
for each of the following:
(1)a. Developing, implementing and maintaining administrative procedures,
instructions and technologies necessary to collect past vendor
performance data.
(2)b. Ensuring that relevant past performance data is properly gathered and
considered prior to award of subsequent contracts.
b.2. Operating departments shall be responsible for each of the following:
(1)a. Conducting periodic performance evaluations of vendors under contract
with the County pursuant to the procedures established in subsection
9.E.1a 150.aB.1a.
(2)b. Considering the past performance of vendors during the evaluation of
bids and proposals pursuant to the procedures established in subsection
9.E.1b 150.aB.21b.
16.F C. Bidders and proposers competing for a prospective award (and their agents/representatives) will
not be permitted to publicly or privately address the Board or individual Board members regarding a
prospective purchase prior to the time of award unless requested to do so by the Purchasing Director or by
a majority vote of the Board.
SECTION TEN ELEVEN TWELVE: _______________________.
A. Notice Inviting Bids:
1. Announcement: Notice inviting bids shall be publicly posted by the Purchasing Department in a
consistent public location at least ten (10) days preceding the last day established for the receipt
of bid proposals. Specific projects or grants may require longer posting periods, in those instances
the specific requirements would be used. Bids may be solicited and/or received in one or more
steps as permitted by law and deemed appropriate by the Purchasing Director.
2. Scope of Notice: The public notice required shall include a general description of the
commodities/services to be purchased or sold, the bid instructions and specifications, and the time
and place for opening bids.
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3. Bidders' List: The Purchasing Director shall also solicit sealed bids from qualified prospective
vendors/contractors who have registered their names on the Collier County Purchasing
Department vendor database, which will electronically send them a notice of the proposed
purchase or sale. Notices sent to the vendors/contractors on the Collier County Purchasing
Department vendor database shall be limited to commodities or services that are similar in
character and ordinarily handled by the trade group to which the notices are sent.
Vendors/contractors are responsible for maintaining their company information profiles in the
database to ensure proper notifications are received. Vendors/contractors may be suspended from
the database by the Purchasing Director for continual non-response to formal solicitations and
violations of the Purchasing Ordinance. The Purchasing Director may continue to issue formal
solicitations and accept formal bids, proposals and other tenders using paper where appropriate.
4. Bid Deposits: When deemed necessary by the Purchasing Director, bid deposits shall be
prescribed in the public bid notices. Said deposits shall be in the amount equal to five percent of
the bid offer submitted unless a greater amount is required. The Purchasing Director shall have
the authority to return the deposits of all bidders upon award and approval of the contract by the
Board of County Commissioners. A successful bidder shall forfeit any deposit required by the
Purchasing Director upon failure on the vendor's part to enter into a contract within ten (10)
working days after written notice of award.
5. Bid Addenda: An addendum to a specification shall be defined as an addition or change in the
already prepared specifications for which an invitation has been issued for formal quotations or
an announcement has been posted for a formal sealed bid. Any addendum to a request for formal
sealed bids shall be approved by the Department Purchasing Director. The addendum shall clearly
point out any addition or change to the invitation for bids. The Purchasing Department shall be
responsible for assuring that addenda are available on the on-line bidding website and that all
prospective bidders who have downloaded specifications are notified of the addendum prior to
opening of bids.
B. Procedure for Bids:
1. Sealed Bids: Sealed bids shall be submitted manually or electronically to the Purchasing
Director.
2. Opening: Bids shall be opened publicly at the time and place stated in the public notices and
shall be opened and witnessed by the Purchasing Department.
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3. Tabulation: A tabulation of all bids received shall be made either electronically or manually by
the Purchasing Department and shall be available for public inspection pursuant to F.S. § 119.07.
C A. Tie Bids: Where there are low tie bids, the award process shall first be subject to F.S. § 287.087.
In the event that all of the tied bidders comply with F.S. § 287.087, the Purchas ing Department shall
determine if any of the bidders would be considered a local business as defined under Section 15 (§ 2-
200) of this Purchasing Ordinance. If one (and only one) of the bidders is determined to be a local
business, then award of contract shall be made to that bidder. In the event that two or more local bidders
are tied thereafter, award of contract shall be made in accordance with Section 15(2)(b) (§ 2-200(2)(b)) of
this Purchasing Procurement Ordinance.
1. Reserved Rights
Collier County reserves the right in any solicitation to accept or reject any or all bids, proposals or
offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County
reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease
quantities to meet additional or reduced requirements of Collier County. Notwithstanding any other
provisions of this Article, if none or only one responsive and responsible bid or proposal is received
following any solicitation, the County Manager, or designee, reserves the right to reject all bids, proposals
or offers and to negotiate with any responsible providers to secure the best terms and conditions in the
sole interest of the County unless otherwise provided by law.
2.D B. Rejection of Bids and Negotiation:
a.1. The Procurement Services Director shall have authority to review all
submittals in response to a County solicitation and to review these
submittals for responsiveness, responsibility, price and other factors in
making a determination for Recommendation of Award. The Procurement
Services Director may reject any submittal and cancel any solicitation at
anytime prior to a contract being signed. The Board of County
Commissioners shall have the authority to reject any and all bids at any
time.
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b2. Subsequent to applying the procedures set forth under Section 15(2)(b) (§ 2-200(2)(b)) (where applicable), iIf the lowest, responsive bid exceeds the budgeted amount and, if the purchase is
not funded in whole or in part with interagency grant dollars, the Purchasing
Procurement Services Director may negotiate changes with the apparent lowest
qualifiedresponsible and responsive bidder that will bring prices into budgeted limits
subject to the final approval and acceptance of the Board. If the budgeted amount
includes grant funds, the Purchasing Procurement Services Director shall be
authorized to conduct such negotiations provided said actions are not prohibited
by law or the grant conditions.
3. If no bid or proposal is received, or if only one is received, the Board of County Commissioners
may authorizes the Purchasing Procurement Services Director to purchase by negotiation with
any responsive and responsible vendor under conditions most favorable to the public interest and
when said purchase will result in the lowest ultimate cost of best value for the commodities or
services obtained.
E C. Waiver of Minor Irregularities: The Board of County Commissioners Procurement Services
Director shall have the authority to waive any and all minor irregularities in any solicitation and all formal
bids within lawful guidelines in order to make a determination of a Notice of Recommended Award.
1. The ability, capacity and skill of the bidder to perform the contract.
2. The ability of the bidder to perform the contract within the time required or the least time, if
appropriate, without delay or interference.
3. The experience and efficiency of the bidder.
4. The quality and performance of previous contracts awarded to the bidder.
5. The previous and existing compliance by the bidder with laws and ordinances relating to the
proposed contract.
6. The quality, availability and adaptability of the commodities or contractual services to the
particular use required.
7. The ability of the bidder to provide future maintenance and service (where applicable).
8. Prior litigation or administrative proceedings against the County where the bidder or the bidder's
principal was a party.
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9. Prior litigation or administrative proceedings involving the bidder or bidder's principal.
All Notices of Recommended Award will be generated and posted by the recommendations for
award for contracts will be reviewed and approved by the Purchasing Director Procurement Services
Director prior to presentation of any contract for signature to by the Board of County Commissioners.
SECTION ELEVEN: Procurement of Professional Services.
A. Consultants' Competitive Negotiation Act.
1. Contracts for professional architectural, engineering, landscape architectural or surveying and
mapping services shall be procured in accordance with F.S. § 287.055, referred to as the
Consultants' Competitive Negotiation Act (CCNA).
2. Continuing contract. The County is authorized to enter into a continuing contract for CCNA
services in accordance with the CCNA, whereby the firm provides professional services to the
County for projects in which construction costs do not exceed $2,000,000.00, for study activity if
the fee for each individual study under the contract does not exceed $200,000.00; or for work of a
specified nature as outlined in the contract required by the County, with the contract being for a
fixed term or with no time limitation, except that the contract must provide a termination clause.
3. Ranking of firms. The County, through the competitive proposal process, shall make a finding
that the firm or individual to be employed is duly qualified to render the required service. The
evaluation committee shall review statements of qualifications and performance data submitted in
response to the public solicitation and shall select, in order of preference, no fewer than three
firms deemed to be the most highly qualified, if at least three firms respond to the solicitation. If
less than three firms respond, and after meeting due diligence, it is decided by the Purchasing
Director that every effort was made to comply with CCNA requirements, the County will conduct
discussions with, and may require public presentations by, the responding firms regarding their
qualifications, approach to the project and ability to furnish the required services.
4. Evaluation criteria. Pursuant to the CCNA, the evaluation criteria for ranking shall include factors
such as: ability of firm and its professional personnel; firm experience with projects of a similar
size and type; firm's willingness and ability to meet the schedule and budget requirements;
volume of work previously awarded by the county; effect of the firms recent/current and
projected workload; minority business status; location; past performance and when required, the
public presentation. For continuing contracts, ranking and award shall be based on the criteria
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identified in the RFP document. For non-continuing contracts or project specific contracts, public
presentation may be required.
5. Public presentation. The evaluation criteria for public presentation shall include factors such as
the firm's understanding of the project, ability to provide required services within the schedule
and budget, qualifications and approach to the project.
6. Contract negotiations. The ranking of firms for all CCNA contracts shall be presented to the
Board of County Commissioners for consideration and approval. Upon Board approval of firm
rankings, staff shall negotiate a contract with the most qualified firm (number one ranked firm)
for professional services for compensation which is deemed to be fair and reasonable. Detailed
discussions must be held by the firm and the County to establish the scope of the project and the
exact services to be performed by the firm. Should the County and the firm fail to agree upon the
terms of an acceptable contract, negotiations with the top firm shall be terminated and
negotiations with the second ranked firm shall commence. If again unsuccessful, the process is
repeated with the next ranked firm. This process is continued until a mutually agreeable contract
is concluded or the project is abandoned, or the procurement process is otherwise terminated.
B. Other Professional Services. Because differences in price may only be a minor concern compared
to qualitative considerations, professional services that fall outside the scope of the CCNA except as
otherwise provided by law and outlined below, may be exempted by the Purchasing Director from the
competitive bidding process. Instead, professional services will be typically acquired through one of the
following methods:
1. Competitive Selection and Negotiation as set forth immediately above; or
2. Competitive Proposals (pursuant to Section 12 (§ 2-197)).
3. In addition to the definition set forth in the CCNA, a professional service shall be defined as
assistance obtained in support of County operations from an independent contractor in one or
more of the following professional fields:
a. Appraisal Services - real and personal property appraisers.
b. Audit and Accounting Services - auditors and accountants (excepting the selection of the
annual auditor which shall be conducted as per F.S. § 11.45).
c. Consultants - planning, management, technological or scientific advisors.
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d. Financial Services - bond counsel, rating and underwriting, financial advisor, and investment
services.
e. Legal Services - attorneys and legal professionals.
f. Medical Services - medicine, psychiatry, dental, hospital, and other health professionals.
4. Final selection of the professional service provider (award of contract) shall be made by the
Board of County Commissioners.
5. Requests for outside legal services will be consistent with both this Purchasing Ordinance and the
County Attorney's Ordinance (Ord. No. 2013-34). The retention of services from experts or
consultants for purposes of preparing for or defending against imminent or pending litigation or
administrative proceedings shall be exempt from all competitive requirements of this Purchasing
Ordinance, and must first be approved by the Board.
SECTION TWELVE THIRTEEN: Competitive Proposals Unsolicited Proposals.
A. The Competitive Proposals process is a method of contract selection that may be utilized by the
Purchasing Director under circumstances where one or more of the following conditions exist:
1. Where qualitative considerations are of equal or greater concern than pricing considerations.
2. Where the conditions of the purchase do not lend themselves to the formal sealed bid process or
the award of a firm, fixed fee contract.
3. Where the County is incapable of specifically defining the scope of work for which the
commodity(s) or service(s) is required and where the vendor is asked to propose a commodity(s)
or service(s) to meet the needs of the County.
4. Where the County desires to enter into a single contract for the design and construction of a
public construction project(s).
B. For purchases in excess of the formal competitive threshold and where appropriate or required by
law, the competitive solicitation process will be utilized. The process will be conducted in a manner
similar to the sealed bid process as set forth under Section 10 except where otherwise stated in this
section. The competitive proposals process shall proceed as follows:
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1. A Request for Proposals (RFP) will be prepared and distributed. Notice of said request(s) shall be
publicly posted by the Purchasing Department at least 21 calendar days preceding the last day
established for the receipt of proposals.
2. Each Request for Proposals shall identify the evaluation procedures and criteria to be applied to
the selection of the best proposal among the respondents. Each RFP pertaining to the award of a
design/build contract(s) shall be subject to the requirements of F.S. § 287.055 and section thirteen
(§ 2-198) below.
3. Prior to the announcement and distribution of the RFP, a selection committee shall be appointed
by the County Manager to evaluate the proposals received.
4. Proposals may be solicited and/or received in one or more steps as permitted by law and deemed
appropriate by the Purchasing Director. Unless otherwise prohibited by law, the Purchasing
Director shall have the discretion to solicit and conduct simultaneous or concurrent negotiations
with one or more firms.
C. Unsolicited Proposals.
11 A. The Board incorporates by reference F.S. § 287.05712 255.065, as may be amended from
time to time, which addresses the procurement of services for qualifying projects through public-private
partnerships, including through an offer of an unsolicited proposal.
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a(a) 1. The Board shall by separate Resolution establish all Application Fees referenced
under F.S. § 287.05712 255.065 that a private entity must pay concurrent with
the submission of an unsolicited proposal. Payment shall be made by cash,
cashier's check, or some other non-cancellable instrument. Personal checks shall
not be accepted.
b(b) 2. To the extent that the cost to evaluate an unsolicited proposal costs more than the
Initial Application Fee adopted by Resolution, the County may request payment
of any additional amounts required to conduct its review as provided in F.S.
§287.05712 255.065.
SECTION THIRTEEN: Procurement of Design-Build Contracts.
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A. Procurements for the design and construction of public construction projects may be obtained
through a single contract with a design-build firm selected in a manner permitted under F.S. § 287.055
and the procedures set forth in this section.
B. Upon completion of the Design Criteria Package, procurements of Design/Build services shall be
processed in a manner consistent with Section 12 hereof entitled "Competitive Proposals."
C. The Board of County Commissioners may declare a public emergency, where appropriate and
authorize the using Agency to negotiate an agreement for Board approval with the best qualified design-
build firm available at that time.
SECTION THIRTEEN FOURTEEN: Small and Disadvantaged Minority and Women Business
Enterprises.
1.A. Policy Statement: Collier County stands committed to providing equal opportunities to
small businesses and disadvantaged business enterprises (DBE), minority business enterprises (MBEs)
and women business enterprises (WBEs) as well as to all vendors, consultants, contractors and
subcontractors who seek to do business with the County.
Pursuant to this policy, Collier County encourages its vendors, consultants, contractors and subcontractors
to provide qualified small businesses and DBE's with an equal opportunity to participate in the formal
competitive processes for the procurement of commodities and services by the County.
The Policy is not intended to require or to allow partiality toward or discrimination against any small
business or DBE, MBE, WBE, or any other vendor, consultant, contractor or subcontractor on the basis of
gender, race or national origin, or other such factors, but rather to create an opportunity for small
businesses and DBEs, MBEs, WBEs, and all qualified vendors, consultants, contractors and
subcontractors to participate in the County's formal competitive processes. Nothing in this Policy shall be
construed to provide for or require any preference or set-aside based on gender, race, national origin or
any other such factor.
2.B. Implementing Measures: In an effort to implement this policy, the County may
undertake the following measures:
a1. Designate the Purchasing Procurement Services Director to administer this
policy.
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b2. Utilize outreach programs to identify, register and educate small businesses and
DBEs, MBEs and WBEs to participate in the procurement/contract process
which may include:
(1)a. Attending trade fairs which include representatives from these
enterprises.
(2)b. Attending meetings and social events wherein these enterprises are
present.
(3)c. Utilizing publications aimed at reaching these enterprises.
(4)d. Utilizing Purchasing Directories and other reference sources that list
these enterprises.
(5)e. Publicizing this Policy to encourage these enterprises to participate in the
County's procurement process.
(6)f. Other actions designed to identify opportunities for these enterprises who
seek to provide commodities and services to the County.
c3. Maintain a list of these enterprises.
d4. Disseminate information regarding competitive opportunities with the County in
order to allow qualified small businesses and DBEs, MBEs and WBEs to
participate in the County's procurement process.
3C. Conformity with Applicable Law: The provisions of this section shall be construed in
conformity with applicable state and federal law. To the extent that state law conflicts with federal law,
federal law shall supersede such state law.
SECTION FIFTEEN FOURTEEN FIFTEEN: Procedure to Provide Preference to Local
Businesses in County Contracts.
Except where otherwise provided by federal or state law or other funding source restrictions or as
otherwise set forth in this Purchasing Procurement Ordinance, purchases of commodities and services
shall give preference to local businesses in the following manner:
1(1) "Local Business" defined. Local business means the vendor has a current Business Tax
Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal
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submission to do business within Collier County, and that identifies the business with a permanent
physical business address located within the limits of Collier County from which the vendor's staff
operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a
facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or
other non-permanent structure shall not be used for the purpose of establishing said physical address. In
addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the
economic development and well-being of Collier County in a verifiable and measurable way. This may
include, but not be limited to, the retention and expansion of employment opportunities, support and
increase to the County's tax base, and residency of employees and principals of the business within
Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of
submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A
vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the
County will lose the privilege to claim Local Preference status for a period of up to one year.
2(2) Preference in purchase of commodities and services by means of competitive bid, request
for proposals, qualifications or other submittals and competitive negotiation and selection. Under any
such applicable solicitation, bidders/proposers desiring to receive local preference will be invited and
required to affirmatively state and provide documentation as set forth in the solicitation in support of their
status as a local business. Any bidder/proposer who fails to submit sufficient documentation with their
bid/proposal offer shall not be granted local preference consideration for the purposes of that specific
contract award. Except where federal or state law, or any other funding source, mandates to the contrary,
Collier County and its agencies and instrumentalities, will give preference to local businesses in the
following manner:
a.(a) Competitive bid (local price match option). Each formal competitive bid
solicitation shall clearly identify how the price order of the bids received will be
evaluated and determined. When a qualifiedresponsible and responsive, non-local
business submits the lowest price bid, and the bid submitted by one or more
qualifiedresponsible and responsive local businesses is within ten percent of the
price submitted by the non-local business, then the local business with the
apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity
to submit an offer to match the price(s), less one (1) dollar, offered by the overall
lowest, qualifiedresponsible and responsive bidder. In such instances, staff shall
first verify if the lowest non-local bidder and the lowest local bidder are in fact
qualifiedresponsible and responsive bidders. Next, the Purchasing Procurement
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Services Division Department shall determine if the lowest local bidder meets
the requirements of F.S. § 287.087 (Preferences to businesses with drug-free
workplace programs). If the lowest local bidder meets the requirements of F.S. §
287.087, the Purchasing Procurement Services Division Department shall invite
the lowest local bidder to submit a matching offer, less one (1) dollar, within five
(5) business days thereafter. If the lowest local bidder submits an offer that fully
matches the lowest bid, less one (1) dollar, from the lowest non-local bidder
tendered previously, then award shall be made to the local bidder. If the lowest
local bidder declines or is unable to match the lowest non-local bid price(s), then
award will be made to the lowest overall qualifiedresponsible and responsive
bidder. If the lowest local bidder does not meet the requirement of F.S. §
287.087, and the lowest non-local bidder does, award will be made to the bidder
that meets the requirements of the reference state law.
b.(b) Request for proposals, qualifications or other submittals and competitive
negotiation and selection. For all purchases of commodities and services
procured through the Competitive Proposals (Section 12 (§ 2-197)) or
Competitive Selection and Negotiation (Section 11 (§ 2-196)) methods not
otherwise exempt from this local preference section, the RFP solicitation shall
include a weighted criterion for local preference that equals 10 percent of the
total points in the evaluation criteria published in the solicitation. Purchases of
professional services as defined and identified under subsection 11B.2 (§ 2-
196B.2.) (which are subject to F.S. § 287.055) and audit and accounting services
subject to subsection 11B.3 (§ 2-196B.3.) (which are subject to F.S. § 11.45) shall not be subject to this local preference section.
c.(c) Should a tie bid occur between a non-local bidder and a local bidder, the County
shall award the contract to the local bidder. Should a tie occur between two local
bidders, the County will "flip a coin" between the two lowest bidders. The coin
toss winner will be awarded the contract upon approval by the Board of County
Commissioners.
3.(3) Waiver of the application of local preference. The application of Local Preference to a
particular purchase or contract may be waived upon approval of the Board of County Commissioners, or
as identified where exempt from competitive process in SECTION EIGHT.
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4.(4) Comparison of qualifications. The preferences established herein in no way prohibit the
right of the Board of County Commissioners to compare quality of materials proposed for purchase and
compare qualifications, character, responsibility and fitness of all persons, firms or corporations
submitting bids or proposals. Further, the preferences established herein in no way prohibit the right of
the County Commission from giving any other preference permitted by law instead of the preferences
granted herein.
5.(5) Reciprocity. In the event Lee County, or any other Florida county or municipality ("local
government") deemed appropriate by the Collier County Board of Commissioners, extends preferences to
local businesses, Collier County may enter into an interlocal agreement with such local government
wherein the preferences of this section may be extended and made available to vendors that have a valid
occupational license issued by that specific local government to do business in that local government that
authorizes the vendor to provide the commodities and services to be purchased, and a physical business
address located within the limits of that local government. Post Office Boxes are not verifiable and shall
not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor
shall not be considered a "local business" unless it contributes to the economic development and well-
being of the said local government whichever is applicable, in a verifiable and measurable way. This may
include, but not be limited to, the retention and expansion of employment opportunities, the support and
increase to that local government's tax base, and residency of employees and principals of the business
located within the limits of that local government. Vendors shall affirm in writing their compliance with
the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local
business" under this section. In no event shall the amount of the preference accorded other local
government firms exceed the amount of preference that such local government extends to Collier County
firms competing for its contracts.
6.(6) Purview and administration of this Local Preference Policy. This policy shall apply to all
departments and units under the direct purview of the Board of County Commissioners. For purchases of
$50,000.00 or less, the Purchasing Procurement Services Division Department shall systematically
encourage departments to include local vendors when soliciting quotations in accordance with this policy.
7.(7) This Policy shall not be utilized with respect to any competitive solicitation for
construction services in which 50 percent or more of the cost will be paid from state-appropriated funds
which have been appropriated at the time of the competitive solicitation.
SECTION SIXTEEN SIXTEEN FIFTEEN: Payment of Invoices.
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1A. Agencies under the purview of the Board of County Commissioners shall be in
compliance with F.S. § 218.70, otherwise known as the "Local Government Prompt Payment Act."
Pursuant to this, the requirements of this section shall apply to the following transactions:
a1. The purchase of commodities and services;
b2. The purchase or lease of personal property;
c3. The lease of real property.
2B. The County Manager shall establish and maintain procedures that authorize minor
payment variances between the purchase order and invoice where warranted. The authority to pay such
variances shall not exceed 5% of the purchase order amount or $500, whichever is less.
3C. The County Manager shall establish and maintain a process to address freight and
delivery charges not in compliance with FOB destination terms contained in the County General Terms
and Conditions.that authorizes the payment of freight and delivery charges that are not specifically
identified on the purchase order of less than $500.
4D. It shall be the responsibility of the County Manager, in consultation with the Clerk's
Finance Director and operating Divisions, to establish, procedures for the timely payment of all
transactions as defined under subsection 16.A (subsection A of this section). Such procedures shall
include, but are not limited to the following:
a1. Formally defining the County's requirements for the content and submission of a
proper invoice, codifying the County's payment requirements and notifying each
vendor of their availability.
b2. Steps required for the receipt of all invoices and the prompt return of improper
invoices.
c3. Steps required for the resolution of payment disputes between the County and a
vendor.
5E. Each December, the Procurement Services Director and the Clerk of the Courts shall
submit a report to the Board listing the number and total dollar amount of interest penalty payments made
during the preceding fiscal year.
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56F. Prior to payment, the Board shall approve all expenditures with a finding that such expenditures serve a valid public purpose.
7G. Vendor Payment Dispute Resolution Process. The purpose of this section is to establish a
procedure whereby payment disputes with vendors who provide goods and services to the County are
resolved in a timely manner and in keeping with the Local Government Prompt Payment Act.
a1. Definitions. The definitions set forth in the Local Government Prompt Payment
Act (F.S. § 218.72, 2016) are hereby incorporated by reference.
b2. If an improper payment request or invoice is submitted by a vendor, the County
shall, within 10 days after the improper payment request or invoice is received,
notify the vendor, in writing, that the payment request or invoice is improper and
indicate what corrective action on the part of the vendor is needed to make the
payment request or invoice proper.
c3. If the parties are unable to reach resolution on the payment dispute, the County
Manager shall appoint a Hearing Examiner, to whom the matter will be referred
to. The Hearing Examiner shall have the sole and full authority to thereafter
resolve the dispute. The proceedings before the Hearing Examiner to resolve the
dispute shall commence within 45 days after the date the payment request or
improper invoice was received by the County and shall be concluded with final
written decision by the Hearing Examiner within 60 days after the date the
payment request or improper invoice was received by the County. These
proceedings are not subject to F.S. ch. 120, and do not constitute an
administrative hearing. Rather, these proceedings are intended to be quasi-
judicial, open to the public, with the written decision of the Hearing Examiner
being final, subject only to certiorari review. If the dispute is resolved in favor of
the County, interest charges shall begin to accrue 15 days after the Hearing
Examiner's final decision. If the dispute is resolved in favor of the Vendor,
interest begins to accrue as of the original date the payment became due.
d4. If the County does not timely commence this dispute resolution process within the
time required, a contractor may give written notice to the County of the failure to
timely commence this dispute resolution procedure. If the County fails to
commence this dispute resolution procedure within four business days after such
notice, any amounts resolved in the contractor's favor shall bear mandatory
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interest, as set forth in F.S. ch. 218, from the date the payment request or invoice
containing the disputed amounts was submitted to the County. If the dispute
resolution procedure is not commenced within 4 business days after the notice, the
objection to the payment request or invoice shall be deemed waived. The waiver
of an objection pursuant to this paragraph does not relieve a contractor of its
contractual obligations.
e5. In an action to recover amounts due under this part, the court shall award court
costs and reasonable attorney's fees, including fees incurred through appeal, to
the prevailing party.
f6. The conduct of the Hearing Examiner proceedings, including notice, process, and
criteria, shall be set forth in the Procurement Division's Policies and Procedures.
SECTION SEVENTEEN SEVENTEEN SIXTEEN: Advanced Payments for Goods and Services.
Procedures for the pre-payment of goods and services with County funds including, but not
limited to, dues and membership, insurance, maintenance agreements, subscriptions, travel arrangements,
postage, and other purchases as prescribed by the Department of Financial Services through their
Administrative Rules. As provided for in F.S. § 28.235, the Clerk of the Circuit Court is authorized to
make advanced payments on behalf of the County for goods and services based on those established
procedures.
SECTION EIGHTEEN EIGHTEEN SEVENTEEN: Standardization, Cooperative Purchasing Agreements
and Governmental Contracts.
1A. Where standardization is determined to be desirable by the Board of County
Commissioners or included in the Purchasing Procurement Manual, the purchase of commodities may be
made by negotiation with the approval of the purchase by the Board in accordance with Section 9 (§ 2-
194); or if under the Formal Competitive Threshold, with approval of the purchase by the Procurement
Services Director.
2B. Annually, the Board of County Commissioners will approve a list of authorized
purchasing cooperative organizations and governmental schedules and contracts. The Purchasing
Procurement Services Director may approve purchases using these approved cooperative organizations,
agreements and contracts with no further action required by the Board providing that funds have been
budgeted for these specific purposes.
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Additionally, the Purchasing Procurement Services Director may join other public agencies in
cooperative purchasing organizations and/or agreements if is determined to be in the County's best
interest, and if the consortium agreement has not had prior Board approval. The use of any new
cooperative agreement must be approved by the Board prior to the use of the agreement.
SECTION NINETEEN EIGHTEEN NINETEEN: Contract Administration.
1A. Contract Document: Every procurement of contractual services or commodities shall be
evidenced by a written document containing all provisions and conditions of the procurement. Said
document shall include, but not be limited to:
a1. A listing of the scope of services to be performed or commodities to be
purchased.
b2. A provision specifying the criteria and the final date, or number of days, by
which such criteria must be met for completion of the work.
c3. A provision specifying the terms of cancellation by the County and where
applicable, a provision specifying the terms of renewal.
d4. Where applicable, a provision establishing the appropriate types and levels of
insurance to be carried by the vendor. Said provision shall be employed in a
manner consistent with minimum insurance standards approved by the Board of
County Commissioners.
e5. A provision requiring the contractor/vendor to inform the County if he/she has
been convicted of a public entity crime subsequent to July 1, 1989.
A purchase order that embodies these provisions shall be sufficient documentation of the
procurement. Except as otherwise provided in this Purchasing Procurement Ordinance, the Procurement
Services Director shall determine the circumstances under which a Board approved purchase order (and
all documents included by reference) shall serve as the contract document.
2B. Contract Manager: Every procurement of services shall be administered by the
requesting Agency/Department.
3C. Contracts: Notices that terminate in its entirety a Board-approved purchase or contract
must be approved by the Board of County Commissioners prior to its termination.
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a1. Modifications to Work Orders, Change Orders, and Amendments issued under a
purchase order or contract that exceed ten percent (10%) of the current Board
approved aggregate amount, or twenty percent (20%) of the current Board
approved number of days must be approved by the Board.
b2. Modifications to Work Orders, Change Orders, and Amendments issued under a
purchase order or contract that do not exceed ten percent (10%) of the current
Board approved aggregate amount, or twenty percent (20%) of the current Board
approved number of days will be reported on the Procurement Services
Administrative Ratification Report and presented to the Board for approval.
c3. Modifications to Board approved purchases or contracts by the issuances of the
following, but not limited to, direct material purchases, notices to proceed or
noncompliance, stop work notices, authorization for the use of approved
allowances and reallocation of funds between line items, supplemental
agreements, and changes by letter may be authorized and executed by the
Procurement Services Director without further approval by the Board.
d4. All material changes in scope of contracts must be approved by the Board in
advance.
e5. Sections 3.aC.1 through 3.bC.3 shall not be applicable to term contracts, fixed-fee
contracts, or blanket purchase orders where the County desires to procure
commodities and/or services on an as needed basis without having to obligate
itself to a total contract amount. Rather, such purchases shall be based on fixed
unit prices or other predetermined pricing methods and shall be limited in
quantity by the amount of funds appropriated in the budget of the operating
Division(s). Such purchases shall be subject to all other provisions of this
Purchasing Procurement Ordinance.
The Board shall have broad authority, within the limits of the law, to evaluate and approve any
recommended contract modification without requiring further competition.
4D. Contract Extension: Extension(s) of a Board-approved contract for commodities or non-
construction services may be requested by the contract manager to the Procurement Services Director in
writing for a period not to exceed six (6) months (cumulatively) and shall be subject to the same terms
and conditions set forth in the contract, if the extension period is provided for in the Board approved
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contract. The Procurement Services Director shall have the authority to authorize and execute all such
extensions, which must be issued prior to the expiration of the contract. Any extension(s) that exceed six
months (cumulatively) shall be approved by the Board of County Commissioners.
5E. Contract Renewal: The Procurement Services Director shall authorize and execute
renewals of contracts for commodities and/or services subject to the following conditions:
a1. That the Contractor has performed in a satisfactory manner and that the
Procurement Services Director has received a request to renew from the
Contractor or Project Manager verifying the Contractor's satisfactory
performance.
b2. That the Board-approved contract pursuant to SECTIONection ELEVEN9
Paragraph 14Formal Competitive Threshold (§ 2-194), provided for a renewal
and is renewed subject to the terms and conditions set forth in the initial contract.
Cost and term modifications are addressed in the original solicitation document
and/or resultant contract.
c3. That the renewal is done for a set period of time identified in the solicitation
document and/or contract, commencing at the end of the contract period.
d4. That a contract under the formal competitive threshold with multiple renewal
year option terms may be approved annually by the Procurement Services
Director.
Proposed renewals that fail to meet one or more of the conditions set forth herein will require the
approval of the Board of County Commissioners.
6F. Contract Approval: All contracts for commodities and services exceeding
SECTIONection ELEVEN NineParagraph 14 (§ 2-194), Formal Competitive Threshold, shall be
authorized by the Board of County Commissioners. Once approved, subsequent purchase orders
referencing those Board approved contracts may be issued by the Procurement Services Director.
Contracts below SECTION ELEVEN ection NineParagraph 14 (§ 2-194), Formal Competitive Threshold,
shall be subject to the review and approval by the County Attorney staff and signed by the Procurement
Services Director. Purchase orders may be issued by the Procurement Services Director.
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7G. Work Orders: The Procurement Services Director may execute any work order if the
work order is equal to or below such Board approval parameters for work orders as are set forth in the
Board approved term contract for services under which the work order is generated.
Work orders must be in sufficient detail to audit according to the approved contract.
8H. Consent to Assignments of Contract: For all Board approved contracts, the Board of
County Commissioners shall approve all assignments of contracts requested by the predecessor
contracting party.
9I. Authority Limitation and Delegation; Promulgation of Procedures:
The Procurement Services Director may delegate to one or more Procurement Services Division
employees any or all aspects of the authority vested in the Procurement Services Director.
All authority to execute documents that is vested pursuant to this Section 19 (§ 2-204), in the
Procurement Services Director or any other person shall be subject to the limits of any applicable federal,
state or other law.
10J. Payments to Contractors, Vendors and Consultants:
Prior to the execution of a formal contract subject to this Procurement Ordinance, the
Procurement Services Director shall establish a formal payment schedule and payment terms within the
agreement. Such terms and conditions shall be consistent with the requirements of all applicable laws and
the formal solicitation documents.
In accordance with F.S. § 218.735(8), the Procurement Services Director may establish, subject to
Board approval, procedures to reduce to 5% the amount of retainage withheld from each subsequent
progress payment issued to a contractor where applicable. The Procurement Services Director may
establish, in writing, a schedule(s) to further reduce the percentage of cumulative retainage held
throughout the course of the project schedule where warranted and according to law. Recommendation to
reduce the percentage of cumulative retainage shall be subject to the following:
a1. That the term "cumulative retainage" is defined to mean "the dollar total of the
funds retained from all payments issued under the contract divided by the gross
dollar total of all monthly pay requests (or the total of all payment amounts
deemed allowable by the project manager, whichever is less)".
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b2. That any decision to reduce retainage shall be formally communicated in a letter
to the Contractor's representative and that the letter affirmatively states that the
Contractor has performed the contract work in a satisfactory manner.
c3. That the cumulative retainage not be adjusted until at least 50% of the work has
been completed and payment has been issued.
d4. That the Procurement Services Director's letter expressly sets forth the
percentage of cumulative retainage to be held for the remaining pay requests.
11K. The Procurement Services Director may authorize the partial release or payment of
contract retainage to the contractor prior to final completion of all project work provided that:
a1. The contractor has performed in a satisfactory manner to date as verified in
writing by the Project Manager.
b2. The total aggregate work under the agreement is at least 50% completed and
accepted (i.e.; payments equaling at least 50% of the contract amount less
retainage have been issued).
c3. The retainage dollar amount to be released is based upon and consistent with the
prevailing percentage of cumulative retainage being held at the time that the
retainage is released.
SECTION TWENTY NINETEEN TWENTY: Performance and Payment Bonds.
A contractor or vendor shall provide a surety bond from a surety company to guarantee full and
faithful performance of a contract obligation and the payment of labor and material expended pursuant to
a contract whenever, and in such amounts, as required by statute or otherwise as deemed necessary by the
Purchasing Procurement Services Director. An irrevocable letter of credit from a financial institution
operating within the State of Florida (or other alternative forms of surety as permitted under Florida law)
may be sufficient in place of the performance bond if so provided for in the bid and contract documents.
All such bonds or letters of credit shall be approved as to form by the County Attorney, and held by the
Clerk's Board Minutes and Records Department.
SECTION TWENTY-ONE TWENTY ONE: Unauthorized Purchases.
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All purchases made shall be consistent and in compliance with the Purchasing Procurement
Ordinance. Any purchase or contract made contrary to the provisions hereof and contrary to Florida law
shall not be approved and the County shall not be bound thereby.
SECTION TWENTY-TWO TWENTY-TWOONE: Prohibition against Subdivision.
No contract or purchase shall be subdivided to avoid the requirements of this Purchasing
Procurement Ordinance or of State law.
SECTION TWENTY-THREE TWENTY-THREEWO: Protest of Bid or Proposal Award.
The purpose of this section is to accommodate legitimate protests concerning formal competitive
solicitations invitations to bid or requests for proposals and recommended contract awards above the
formal competitive bid or proposal thresholds prior to award of a contract by the Board of County
Commissioners.
1A. Any actual or prospective bidder or respondent to an IFB, ITN, RFP, IFQ or RPS
Invitation to Bid or a Request for Proposal, who has a substantial interest and who alleges to be aggrieved
in connection with the solicitation or award of a contract, (hereafter referred to as "the protesting party")
may protest to the Purchasing Procurement Services Director, who shall serve as the sole recipient of any
and all notices of intent to protest and all formal protests.
2B. With respect to a protest of the terms, conditions and specifications contained in a
solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies,
awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the
protesting party shall file a notice of intent to protest within three (3) days, excluding weekends and
County holidays, after the first publication, whether by posting or formal advertisement of the solicitation.
The formal written protest shall be filed within five (5) days of the date the notice of intent is filed.
Formal protests of the terms, conditions and specifications shall contain all of the information required for
formal protests of recommended contract awards as set forth under subsection C. T the Purchasing
Procurement Services Director, shall to render a decision on the formal protest and determine whether
postponement of the bid opening or proposal/response closing time is appropriate. The Purchasing
Procurement Services Director's decision shall be considered final and conclusive unless the protesting
party files an appeal of the Purchasing Procurement Services Director's decision.
3C. Any actual or prospective bidder or respondent to an Invitation to Bid or a Request for
Proposal who desires to protest a recommended contract award shall submit a notice of intent to protest to
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the Purchasing Procurement Services Director within two (2) three (3) calendar days, excluding weekends
and County holidays, from the date of the initial posting of the recommended award.
4D. All formal protests with respect to a recommended contract award shall be submitted in
writing to the Purchasing Procurement Services Director for a decision. Said protests shall be submitted
within five (5) calendar days, excluding weekends and County holidays, from the date that the notice of
intent to protest is received by the Purchasing Procurement Services Director, and accompanied by the
fee, as set forth below. The protesting party must have standing as defined by established Florida case law
to maintain a protest.
The formal protest shall contain, but not be limited to the following information:
a1. Name and address of County Agency affected and the solicitation number and
title.
b2. The name and address of the protesting party.
c3. A statement of disputed issues of material fact. If there are no disputed material
facts, the written letter must so indicate.
d4. A concise statement of the ultimate facts alleged and of any relevant rules,
regulations, statutes, and constitutional provisions entitling the protesting party to
relief.
e5. The protesting party's entitled demand for the relief.
f6. Such other information as the protesting party deems to be material to the issue.
The formal protest shall contain all arguments, facts or data supporting and advancing the
protestor's position. Under no circumstances shall the protestor have the right to amend, supplement or
modify its formal protest after the filing thereof. Nothing herein shall preclude the County's authority to
request additional information from the protesting party or other bidders or proposers in conjunction with
the review and rendering of decisions on the protest, including any subsequent appeal.
5E. In the event of a timely protest of contract award consistent with the requirements of this
section, the Purchasing Procurement Services Director shall not proceed further with the award of the
contract until all appropriate administrative remedies as delineated under this section have been exhausted
or until the Board of County Commissioners makes a determination on the record that the award of a
contract without delay is in the best interests of the County. During this process, the protesting party shall
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limit their communications with the County to the Office of the County Attorney, and neither the
protesting party, their agents or their representatives shall have any private contact or discussions with
individual County Commissioners, the County Manager, other County employees, or any independent
hearing officer (where applicable) regarding the protest except such communications as may be required
or permitted during a hearing, if applicable, or a meeting of the County Commission wherein the
solicitation or award is to be considered.
6F. The Purchasing Procurement Services Director shall review the merits of each timely
protest and in consultation with the cContract mManager and other appropriate County staff, issue a
decision stating the reasons for the decision and the protesting party's rights of appeal under this section.
Said decision shall be in writing and mailed or otherwise furnished to the protesting party. The decision
of the Purchasing Procurement Services Director shall be final and conclusive unless the protesting party
delivers a subsequent written notice of appeal to the Purchasing Director County Manager within two (2)
Three (3) calendar days, excluding weekends and County holidays from the date of receipt of the
decision. In filing a written objection to the Purchasing Procurement Services Director's decision, the
protestor shall not introduce new arguments or alter in any other way their protest submission. An appeal
of the Purchasing Procurement Services Director's decision shall be limited to a review of the grounds set
forth in the formal protest, and no new grounds or arguments will be introduced or considered.
7G. In the event of a subsequent appeal pursuant to subsection F, the County Manager shall
determine whether to appoint an independent Hearing Officer to review the formal protest and the
Purchasing Procurement Services Director's decision. The Hearing Officer's review shall be limited to the
grounds set forth in the formal protest, and shall be for the purpose of determining whether the County's
intended action is arbitrary, capricious, illegal, dishonest or fraudulent. The protesting party shall have the
burden of proof. The Hearing Officer shall consider the formal protest, the Purchasing Procurement
Services Director's decision, and supporting documents and evidence presented at the hearing. In any
hearing, irrelevant, immaterial or unduly repetitious evidence shall be excluded. All other evidence of a
type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be
admissible whether or not such evidence would be admissible in a trial in the courts of Florida. The
Hearing Officer may grant the motion of any person having standing under Florida law to intervene in the
proceedings. Persons or parties shall have the right to be represented by counsel in the proceedings, to call
witnesses, and present evidence; provided, however, that the Hearing Officer shall not have the right to
compel attendance of witnesses or to permit or compel any discovery.
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The Hearing Officer will have a maximum of 60 days to schedule and conduct a hearing into the
matter and issue a recommended finding of fact and an opinion in writing to the County Manager or
designee for submission to the Board of County Commissioners. Should the Hearing Officer find in favor
of the County, the protesting party pay, in full, the costs of the Hearing Officer. If the Hearing Officer's
recommended decision is in favor of the protesting party, then the County will assume this cost.
The County Manager's discretion as to whether to appoint a Hearing Officer shall in no way
afford the protestor the right to demand such an appointment or hearing. The decision of a Hearing
Officer on a protesting party's appeal shall be submitted to the Board for its consideration as part of a final
award decision. Nothing herein shall be construed as creating a right of judicial review of the Hearing
Officer's decision, nor shall such decision be binding upon the Board. Additionally, nothing herein shall
be construed as limiting the Board's right to reject any and all bids or proposals.
8H. Decisions of the Purchasing Procurement Services Director and Hearing Officer (where
applicable) will be provided to the protestor and other interested parties prior to the award
recommendation being presented to the Board of County Commissioners. Neither the County Manager's
decision nor the Hearing Officer's recommended decision shall be construed as an award recommendation
triggering additional rights of protest pursuant to this policy. Notwithstanding anything set forth herein to
the contrary, the Board of County Commissioners shall retain the authority to make the final award
decision.
9I. Failure to file a formal protest within the time and manner prescribed by this policy shall
constitute a waiver of the right to protest by any protesting party as defined by subsection "A" of this
policy.
10J. As a condition of filing a formal appeal protest to the Purchasing Procurement Services
Director's initial finding, the protesting party shall submit a non-refundable filing fee for the purpose of
defraying the costs of administering the protest. The filing fee shall be submitted with the formal protest.
Failure to pay the filing fee shall result in the denial of the protest. The amount of the filing fee shall be as
follows:
Estimated Contract Amount Filing Fee
$250,000.00 or less $500.00
$250,000.01 to $500,000.00 $1,000.00
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$500,000.01 to $5 million $3,000.00
$5 million or more $5,000.00
This fee may be modified by Resolution of the Board of County Commissioners.
SECTION TWENTY-FOUR TWENTY-FOURTHREE: Contract Claims.
All actual or prospective claims arising against the County from contractors, vendors or any other
party in direct privity with the County to provide goods or services shall first be directly addressed by the
parties' administrative representatives in a manner consistent with the agreement between the parties and
in accordance with the County's procedures Manual.
For any prospective or actual claims or disputes arising under any contract entered into by the
County, the Purchasing Procurement Services Director must determine the facts of the dispute. All
contract claims should follow the County’s Vendor Payment Dispute Resolution Process outlined in
SECTION SIXTEEN be reported to the County Attorney's Office and Clerk's Finance for proper
documentation and recording and to the Board for determining action.
SECTION TWENTY-FIVE: Exigent Circumstances, Emergency and Board Absence Purchases.
In case of an exigent circumstance, which is defined as any circumstance requiring immediate
action or attention, a valid public emergency, or during the Board's extended recess session(s) (all efforts
should be made to obtain Board approval prior to anticipated recesses) whereby a purchase is necessary,
the County Manager shall authorize the Purchasing Director to secure by open market procedure as herein
set forth, any commodities or services. The County Manager shall have the authority to take actions
including, but not limited to the issuance of contracts, change orders, and/or supplemental agreements.
Any action shall be reported at the first available meeting of the Board of County Commissioners. The
County Manager under the same consultations noted above shall further be authorized to approve
payment(s) to vendors at the time of or shortly after purchase should the circumstances warrant. These
payments shall be reported at the first available meeting of the Board.
This section in no way constrains the provisions of Collier County's Civil Emergency ordinances or
powers and authority pursuant to F.S. ch. 252, Emergency Management.
SECTION TWENTY-SIX TWENTY-FIVEOUR: Inspection and Testing.
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The Purchasing Procurement Services Director shall inspect, or supervise the inspection of, or
cause to be inspected, all deliveries of commodities or services to determine their conformance with the
specifications set forth in an order or contract.
1A. Inspection by Operating Department: The Purchasing Procurement Services Director
shall authorize operating departments to inspect, prior to use, all deliveries made to such operating
departments under rules and regulations which the Purchasing Procurement Services Director shall
prescribe.
2B. Testing: The Purchasing Procurement Services Director shall have the authority to
require chemical and physical tests of samples submitted with bids and samples of deliveries which are
necessary to determine their quality and conformance with specifications. In the performance of such
tests, the Purchasing Procurement Services Director shall have the authority to make use of laboratory
facilities of any Agency of the County or of any contracted outside laboratory.
SECTION TWENTY-SEVEN TWENTY-SIXFIVE: Purchasing Card Program.
The Procurement Services Director shall be responsible for the overall management and operation
of the County's purchasing card program in conformance with the Collier County Administrative
Practices and Procedures Manual. For the purpose of this Purchasing Procurement Ordinance, a
purchasing card is a credit card officially assigned to specific employees under the purview of the Board
of County Commissioners' agency for the purpose of transacting small and/or strategic purchases. The
Procurement Services Director shall be authorized to assign cards to employees for these purchases. The
Procurement Services Director shall be responsible for establishing the following dollar limits for each
assigned card:
1A. Single Transaction Limit: Not to exceed $1,000.00 per card unless otherwise authorized
by the Purchasing Procurement Services Director.
2B. Monthly Spending Limit: Not to exceed $10,000.00 per card unless otherwise authorized
by the Purchasing Procurement Services Director.
3C. Strategic Purchases: The Purchasing Procurement Services Director may utilize (or
delegate the authority to other Agency staff to utilize) a purchasing card to place orders that exceed the
limits set forth under this section in instances where one or more of the following is true:
a1. Where the purchase is to address a valid public emergency; or
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b2. Where the County will earn revenue through card program rebates; or
c3. Where a vendor is requiring the County to order by purchasing card.
4D. Sales Tax Compliance: Pursuant to F.S. § 212.08(6), County purchases transacted with
vendors within the State of Florida are exempt from the State sales and use tax. In such instances, it is the
responsibility of the cardholder to provide the vendor with the appropriate tax exemption information
when the card is presented to the vendor. In the event that the cardholder fails to provide the vendor with
the appropriate tax exemption information when the card is presented the cardholder may be responsible
for payment of the tax.
It is the position of the Board that it is not cost effective or in the public interest to require a
cardholder to seek a credit for sales tax collected when the total sale does not exceed $300. In the event
that the total sale exceeds $300, the cardholder's Director is responsible to ensure the tax is returned to the
County for the purchase.
In all such instances, the Procurement Services Director shall ensure that the purchase has been
approved subject to all other provisions of this policy. All fixed assets purchased using a purchasing card
shall be properly reported to the Fixed Assets Section of the Clerk of Courts Finance Division so that it
can be properly recorded.
SECTION TWENTY-EIGHT TWENTY-SEVENIX: Conflict of Interest.
The procurement of goods and When procuring commodities or services using County funds,
each entity and employee under the purview of the Board of County Commissioners shall comply with all
applicable state, local and federal laws concerning ethics and conflict of interest. For state or federally
funded projects, County entities and employees shall comply with all legal requirements, including the requirements of Part 85, Section 36(b)(3) of the Housing and Urban Development Code.
SECTION TWENTY-NINE TWENTY-EIGHTSEVEN: Debarment and Suspension.
The County Manager may suspend and/or debar vendors, contractors, consultants and other
interested and affected persons from active participation in obtaining County contracts upon approval of
the Board. The purpose of any such action shall be to protect the County's interests and the integrity of the
County's contracting process. The suspension and debarment processes shall be considered to be separate
from and in addition to the award evaluation and vendor performance evaluation processes authorized
elsewhere in this Purchasing Procurement Ordinance.
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1A. Definition of Terms: For the purposes of this section, the following terms have been
defined as follows:
a1. Affiliate refers to associated business entities or individuals that control or could
control the contractor or are controlled by the contractor or could be controlled
by the contractor.
b2. Civil Judgment refers to a judgment or finding of a civil offense by any court of
competent jurisdiction.
c3. Contractor means any individual or legal entity that:
(1)a. Directly or indirectly (e.g.; through an affiliate), submits offers for or is
awarded, or reasonably may be expected to submit offers for or be
awarded, a County contract for construction or for procurement of
commodities and services, including professional services; or
(2)b. Conducts business, or reasonably may be expected to conduct business,
with the County as an agent, surety, representative or subcontractor of
another contractor.
d4. Conviction means a judgment or conviction of a criminal offense, felony or
misdemeanor, by any court of competent jurisdiction, whether entered upon a
verdict or a plea, and includes a conviction entered upon a plea of nolo
contendere.
e5. Debarment means action taken by the County to exclude a contractor from
County contracting and County-approved subcontracting for a reasonable,
specified period as provided herein.
f6. Preponderance of the Evidence means proof by information that, compared with
that opposing it, leads to the conclusion that the fact at issue is more probably
true than not.
g7. Subcontractor: Any individual or legal entity that offers or agrees to provide
commodities or services to a party deemed to be a contractor under this section.
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h8. Suspension refers to action taken by the Purchasing Director County Manager to
temporarily disqualify a contractor from County contracting or County-approved
subcontracting pending action of the Board.
2B. Suspension: The Purchasing Procurement Services Director shall have the authority to
recommend to the Board County Manager the suspension of a contractor, subcontractor or person from
consideration for award of contracts if there appears to be a reasonable basis for debarment as set forth
herein. If a suspension precedes a debarment, the suspension period shall be considered in determining
the debarment period. The suspension period shall not exceed three six (6) months without the approval
of the County Manager Board of County Commissioners.
3C. Debarment:
a1. Causes for Debarment: The prospective causes for debarment include one or
more of the following:
(1)a. Conviction for commission of a criminal offense as an incident to
obtaining or attempting to obtain a public or private contract or
subcontract, or in the performance of such contract or subcontract.
(2)b. Conviction under state or federal law of embezzlement, theft, forgery,
bribery, falsification or destruction of records, receiving stolen property,
or any other offense indicating a lack of business integrity or business
honesty which currently, seriously and directly affects responsibility as a
contractor.
(3)c. Conviction under state or federal antitrust laws arising out of the
submission of bids, proposals or other competitive offers.
(4)d. Violation(s) of County contract(s) provisions, which is (are) deemed to
be serious and to warrant debarment, including the failure, without good
cause, to perform in accordance with the terms, conditions,
specifications, scope, schedule or any other provisions of the contract(s).
(5)e. Refusal to provide bonds, insurance or other required coverage and
certifications thereof within a reasonable time period.
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(6)f. Refusal to accept a purchase order, agreement or contract, or perform
accordingly provided such order was issued timely and in conformance
with the solicitation and offer received.
(7)g. Presence of principals or corporate officers in the business of concern,
who were principals within another business at the time when the other
business was suspended or debarred within the last three (3) years under
the provisions of this section.
(8)h. Violation of the ethical standards set forth under applicable state or
county laws.
(9)i. Debarment of the contractor by another public agency.
(10) Submitting false invoices or invoices that mislead, misrepresent the true
costs incurred or falsely identify either a source of material or a provider
of a service.
(110)j. Any other cause deemed to be so serious and compelling as to materially
affect the qualifications or integrity of the contractor.
b2. Procedure:
(1)a. The county department requesting the suspension or debarment action
shall submit to the Purchasing Procurement Services Director a written
complaint setting forth the reason(s) for seeking debarment and shall
identify a recommended debarment period.
(2)b. The Purchasing Procurement Services Director shall review the
complaint, verify whether it is compliant with the provision of this
Purchasing Procurement Ordinance, direct any appropriate changes and
forward the complaint to the contractor.
(3)c. The contractor shall review the complaint and shall provide a written
response (with supporting documentation) to each allegation. The
response shall be provided to the Purchasing Procurement Services
Director within ten (10) business days of receipt of the notice of
allegations. In the event that the contractor fails to respond to the
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complaint within the prescribed time period, the complaint, as forwarded
to the contractor, shall become an effective suspension or debarment
decision without further appeal.
(4)d. In the event that the contractor files a timely and complete response to
the complaint and the suspension or debarment action is based upon a
conviction, judgment or other event(s) where there is no significant
dispute over material facts, the Purchasing Procurement Services
Director shall determine the period of recommended suspension or
debarment on the basis of the undisputed material information set forth
or referenced in the complaint, the contractor's reply and the parameters
set forth in this section. In the event that the Contractor objects to the
Purchasing Procurement Services Director's recommendation, the
Contractor shall have a maximum of three (3) business days to file an
appeal of the debarment decision with the Purchasing Procurement
Services Director. The appeal will be forwarded to and considered by
the County Manager, who will review the record compiled by the
initiating department and the contractor. Should the County Manager
overturn the Purchasing Procurement Services Director's decision; the
County Manager shall formally cite the reasons for doing so.
(5)e. In the event that the contractor files a timely and complete reply to the
complaint and where the facts are in dispute, the Purchasing Procurement
Services Director will convene a committee (hereinafter referred to as
"the committee") consisting of at least three individuals who will review
the complaint and the contractor's reply. The County Manager shall
formally appoint the committee, which will generally consist of county
employees, none of whom shall be a member of the department initiating
the complaint. At the discretion of the County Manager, a member from
private industry with a particular area of relevant expertise may be
appointed to the committee, provided that this member is not a direct or
indirect competitor of the firm in question. The Office of the County
Attorney shall appoint a representative to attend the hearing committee’s
review of the findings. The representative shall not be considered a
voting member of the committee, but shall be available to provide legal
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counsel to the committee as necessary. All members appointed to serve
on the debarment committee shall disclose, to the Purchasing
Procurement Services Director any actual or prospective conflicts of
interest at the time of appointment or at the time in which the member
becomes aware of the actual or prospective conflict.
(6)f. The Purchasing Procurement Services Director shall chair the committee
and serve as the Purchasing Procurement Department's representative to
the committee. The Purchasing Procurement Services Director shall
preside over and facilitate the deliberations of the committee as a non-
voting member and serve as the County's liaison to the Contractor. All
voting committee members are prohibited from having any
communication regarding the issue outside the committee deliberations
with any of the parties involved in the specific suspension or debarment
or their representatives until after the committee decision has been issued
or, in the event of an appeal of that decision by the contractor, until the
conclusion of the appeal process. All committee deliberations are
subject to F.S. § 286.011.
(7)g. Where the material facts are in dispute, the committee shall evaluate the
evidence, judge the credibility of witnesses and base its decision upon
the preponderance of the evidence. Should the contractor fail to appear at
the hearing, the contractor shall be presumed to be
unqualifiedresponsible and or non-responsive and shall be subject to
suspension or debarment. The committee decision shall be by a majority
vote of those voting members in attendance. The committee shall be the
sole trier of fact. In the event that the committee decides to impose
suspension or a debarment, the decision will formally include, but not be
strictly limited to the following information:
(i)1) The specific reasons for the action;
(ii)2) The scope of the suspension or debarment; and
(iii)3) The period of suspension or debarment, including the effective
and expiration dates.
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The committee's decision shall be issued in writing within 20
business days of the conclusion of the hearing unless the
committee extends this period for good cause.
(8)h. The Purchasing Procurement Services Director shall forward the
committee's decision to the contractor and affiliates involved. Should the
contractor object to the committee's decision, the contractor shall have a
maximum of three (3) business days to file an appeal of the decision with
the Purchasing Procurement Services Director. The appeal will be
forwarded to and considered by the County Manager, who will review
the record compiled by the initiating department, the contractor and the
committee. Should the County Manager overturn the committee's
decision; the County Manager shall formally cite the reasons for doing
so.
Final recommendation for debarment shall be approved by the Board.
c3. Debarment Period:
(1)a. The committee shall recommend the period of debarment. The
debarment period shall be commensurate with the severity of the cause(s)
and approved by the Board.
(2)b. The committee (having the same or different composition) may
recommend to the Board a reduction in the debarment period upon a
written request from the contractor to do so, based on one or more of the
following reasons:
(i)1) Newly discovered material evidence;
(ii)2) A reversal of the conviction, civil judgment or other action upon
which the debarment was based;
(iii)3) Bona fide change in ownership or management;
(iv)4) Elimination of other causes for which the debarment was
imposed; or
(v)5) Other reasons that the committee might deem appropriate.
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The contractor's request shall be submitted to the Purchasing
Procurement Services Director in writing and shall be based on
one or more of the aforementioned reasons.
3c. The decision of the Board regarding a reduction of the debarment period
is final and not subject to appeal.
d4. The Effects of Debarment:
(1)a. Debarred contractors are excluded from receiving County contracts.
Departments shall not solicit offers from, award contracts to, or consent
to subcontractors with debarred contractors, unless the County Manager
in consultation with the Board Chair or Vice-Chair determines that
emergency or single source conditions exist and grants written approval
for such actions. Debarred contractors are excluded from conducting
business with the County as agents, representatives, subcontractors or
partners of other contractors.
(2)b. The Purchasing Procurement Services Division Department shall notify
all Board departments of the final debarment decision and the effects of
that decision with regard to conducting business with the debarred
entity(ies) during the debarment period maintain a list of firms places
under a Suspended or Debared category and shall make that list known
as a public record.
5. Continuation of Current Contracts:
(3)a c. Departments Divisions may not renew or otherwise extend the duration
of current contracts with debarred contractors in place at the time of the
debarment unless the Board determines that it is in the best interests of
the County to allow the contractor to continue or finish the work within
an additional, limited period of time.
b. Debarment shall constitute grounds for terminating an open agreement with a contractor.
However, the contract manager may, with Board approval, permit completion of an open
contract(s), provided that the debarred contractor has performed in a satisfactory manner to
date under the open contract(s) unless otherwise directed by the Purchasing Director.
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6. Restrictions on Subcontracting:
(4)a d. When a debarred contractor is proposed as a subcontractor for any
subcontract subject to County approval, the department shall not consent
to subcontracts with such contractors. unless the County Manager in
consultation with the Chair or Vice-Chair determines that emergency or
single source conditions exist, thus justifying such consent and approves
such decision.
(5)b e. The County shall not be responsible for any increases in contract costs or
other expenses incurred by a contractor as a result of rejection of
proposed subcontractors pursuant to subsection 6.a, provided that the
subcontractor was debarred prior to the submission of the applicable bid
or proposal offer.
e7. The Scope of Debarment: Debarment applies to all officers, Directors, Managers,
principals, Purchasing Procurement Services Directors, partners, qualifiers,
divisions or other organizational elements of the debarred contractor, unless the
debarment decision is limited by its terms to specific divisions, organizational
elements or commodity/services. The committee's decision includes any existing
affiliates of the contractor if they are specifically named and are given written
notice of the proposed debarment and an opportunity to respond. Future affiliates
of the contractor are subject to the pre-existing terms of the committee's decision.
SECTION THIRTY TWENTY-NINEEIGHT: Waiver of Ordinance.
The Board of County Commissioners shall have the authority to waive any and all Purchasing
Procurement Ordinance provisions within lawful guidelines and upon formal Board action.
SECTION TWENTY-NINE THIRTY: Conflict and Severability.
SECTION THIRTY-ONE: Inclusion in the Code of Laws and Ordinances.
SECTION THIRTY-TWOONE: Effective Date.
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ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:_____________________________ By:_____________________________
, Deputy Clerk , CHAIRMAN
Approved as to form and legality:
___________________________
Scott R. Teach
Deputy County Attorney
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