Agenda 03/14/2017 Item #17D03/14/2017
EXECUTIVE SUMMARY
Recommendation to approve an amendment adopting revisions to Ordinance No. 2013-69, as
amended, commonly known as the Collier County Procurement Ordinance increasing efficiency in
the procurement and contracting functions.
OBJECTIVE: To hold a public hearing on the proposed changes to Ordinance No. 2013 -69, as
amended, commonly known as the Collier County Procurement Ordinance.
CONSIDERATIONS: On 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. On February 28, 2017, the Board authorized the County attorney to advertise the amended
ordinance for adoption.
Staff seeks 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:
1. Clarify the County Manager’s delegated authority as it relates to contracts with no additional
increase to the established $50,000 delegated authority.
2. Add 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.
3. Expand and clarify procurement types that may qualify for exemption to the competitive process
when there is an inability to secure competition, and provide oversight to that process by
requiring individual review by the Procurement Services Director.
4. Clearly define and add 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.)
5. Add 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.
FISCAL IMPACT: The only fiscal impact is the $387.15 expense in advertising the public hearing as
required to amendment 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.
RECOMMENDATION: To approve an amendment adopting revisions to Ordinance No. 2013-69, as
amended, commonly known as the Collier County Procurement Ordinance .
Prepared By: Ted Coyman, Director, Procurement Services Division
17.D
Packet Pg. 1202
03/14/2017
ATTACHMENT(S)
1. Change Table (DOCX)
2. [Linked] Redline version 03-07-17 srt (DOC)
3. Legal Ad - Procurement Ordinance (PDF)
4. Ordinance Amending 13-69 (PDF)
17.D
Packet Pg. 1203
03/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.D
Doc ID: 2836
Item Summary: Recommendation to approve an amendment adopting revisions to Ordinance No.
2013-69, as amended, commonly known as the Collier County Procurement Ordinance increasing
efficiency in the procurement and contracting functions.
Meeting Date: 03/14/2017
Prepared by:
Title: – Procurement Services
Name: Ted Coyman
03/02/2017 2:06 PM
Submitted by:
Title: – Procurement Services
Name: Ted Coyman
03/02/2017 2:06 PM
Approved By:
Review:
Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 03/02/2017 2:08 PM
Procurement Services Ted Coyman Additional Reviewer Completed 03/02/2017 2:10 PM
Administrative Services Department Len Price Additional Reviewer Completed 03/02/2017 2:33 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 03/07/2017 1:47 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/07/2017 1:52 PM
Office of Management and Budget Laura Wells Additional Reviewer Completed 03/07/2017 4:22 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/08/2017 8:46 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/08/2017 12:16 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/14/2017 9:00 AM
17.D
Packet Pg. 1204
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.
17.D.a
Packet Pg. 1205 Attachment: Change Table (2836 : Amendment to the Collier County 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.
17.D.a
Packet Pg. 1206 Attachment: Change Table (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.c
Packet Pg. 1207 Attachment: Legal Ad - Procurement Ordinance (2836 : Amendment to the Collier County Procurement Ordinance)
1
Text underlined is added; text struck through is deleted.
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 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."
2
Text underlined is added; text struck through is deleted.
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.
SECTION THREE:Applicability and Approved Thresholds.
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
make purchases and enter into, contracts for purchases or awards in an amount not to exceed
$50,000 unless otherwise specified by action of the Board of County Commissioners.
3
Text underlined is added; text struck through is deleted.
The $50,000 limitation set forth above shall be determined by the following:
a.the per fiscal year dollar total expenditure for term contracts,
b.the per fiscal year dollar expenditure for fixed-fee agreements,
c.the per fiscal year dollar expenditure for lease agreements,
d.the total dollar expenditure included in the contract for lump-sum or
specific project agreements.
4. (d) Following formal action taken by the Board of County Commissioners on
purchases greater than the formal competitive threshold, the Board delegates to the County
Manager or designee the authority to carry out the administrative and ministerial actions
necessary to effectuate the Board's action, including but not limited to the subsequent issuance of
Work or Purchase Orders.
SECTION FOUR:Definitions.
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.
4
Text underlined is added; text struck through is deleted.
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.
County Manager shall mean the County Manager or County Administrator of Collier County, or
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.
Extension shall mean an increase in the time allowed for the contract period due to circumstances
which make performance impracticable or impossible, or which prevent a new contract from
being executed. An extension must be in writing, and may not change the contract's amount or
requirements unless provided for in the original solicitation, contract, or as otherwise stated in
this Ordinance.
Fixed Term Contract is one in which the purchase of commodities or services are available for
use Countywide by all agencies as deemed necessary in instances where it is impracticable to
establish definitive quantities, ordering schedules, or the details of the specific work to be
performed in advance of establishing the contracts(s). Typically, the term and fee schedules are
fixed for a period of time. These contracts are often implemented by purchase orders or work
orders and may be awarded to multiple firms is a type of contract in which a source of supply is
established for a specific period of time for specified services or supplies; usually characterized
by an estimated or definite minimum quantity, with the possibility of additional requirements
beyond the minimum, all at a predetermined unit price.
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.
5
Text underlined is added; text struck through is deleted.
Lease Agreement is a contract outlining the terms in which one party agrees to rent property
owned by another party, which may include real estate or personal property for a specified
amount of time.
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.
Invitation to Bid shall mean a written or electronic solicitation for sealed competitive bids with
the title, date, and hour of the public bid opening designated and specifically defining the
commodity, group of commodities, or services for which bids are sought. It includes instructions
prescribing all conditions for bidding and will be distributed to registered bidders
simultaneously. The invitation to bid shall be used when the agency is capable of specifically
defining the scope of work for which a contractual service is required or when the agency is
capable of establishing precise specifications defining the actual commodity or group of
commodities required.
Invitation to Negotiate shall mean a written or electronically posted solicitation for competitive
sealed replies to select one or more vendors with which to commence negotiations before the
procurement of commodities or contractual services. The invitation to negotiate is a solicitation
used by an agency which is intended to determine the best method for achieving a specific goal
or solving a particular problem and identifies one or more responsive vendors with which the
agency may negotiate in order to receive the best value.
Lowest responsive bid shall mean a bid submitted by the apparent lowest, qualified and
responsive bidder whose bid response meets the needs of the County, as set forth in the invitation
to bid.
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. shall 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,
6
Text underlined is added; text struck through is deleted.
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 or Procurement shall mean the acquisition of goods or services.
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.
Purchasing Manual shall mean the Board of County Commissioners' adopted administrative
procedures for implementing this Purchasing Procurement Ordinance.
Purchasing Policy or Policies shall mean the purchasing practices and procedures outlined in
this Purchasing Procurement Ordinance.
Qualified proposer shall mean a proposer who has the capability to perform the services outlined
in the request for proposal, and has the integrity and reliability which will assure good faith
performance.
7
Text underlined is added; text struck through is deleted.
Renewal shall mean contracting with the same contractor for an additional contract term, only if
pursuant to contract terms specifically providing for such renewal and prior to the expiration of
the prior term.
Request for Proposal shall mean a written or electronic solicitation for sealed proposals with the
title, date, and hour of the submission deadline designated. A request for proposal includes, but is
not limited to, general information, applicable laws and rules, functional or general
specifications, statement of work, proposals instructions, and evaluation criteria. An agency shall
use a request for proposals when the purposes and uses for which the commodity, group of
commodities, or contractual service being sought can be specifically defined and the agency is
capable of identifying necessary deliverables. Various combinations or versions of commodities
or contractual services may be proposed by a responsive vendor to meet the specifications of the
solicitation document.
Responsible Bidder/Proposer shall mean a vendor who has the financial and technical capacity
to perform the requirements of the solicitation and subsequent contract.
Responsive bidder or proposer shall mean a person or entity that has submitted a bid or proposal
which conforms in all material respects to the invitation to bid, request for proposals, or other
methods of formal solicitation.
Single source refers to a procurement directed to one source because of standardization,
warranty, or other factors, even though other competitive sources may be available. situations in
which only one vendor is chosen to provide the goods or services because of its specialized or
unique characteristics.
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.
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.
8
Text underlined is added; text struck through is deleted.
Woman Business Enterprise shall have the same definition as Minority business enterprise,
excepting that the small business concern is at least 51 percent owned by a woman or women.
Work Order/Work Assignment is a contract instrument issued under the terms and conditions of
an 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 fee term 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. Eexcept 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
9
Text underlined is added; text struck through is deleted.
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.
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.
3.Any reference throughout this Ordinance to Purchasing Procurement Ordinance shall be
amended and revised to Procurement Ordinance, the Purchasing Department to Procurement
Services Division, the Purchasing Director shall be amended and revised to refer to the
Procurement Services Director, and to the Purchasing Manual shall be amended and revised to
the Procurement Manual.
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.
10
Text underlined is added; text struck through is deleted.
4.Purchasing Procurement Manual: Preparing and recommending for adoption by
the Board of County Commissioners administrative procedures for the Agency known as the
County Manager 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 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. Division Systems, Procedures and
Standards: The adoption of systems, procedures, forms, standards, reporting and evaluation tools
related to: (i) the effective development, negotiation and administration of County contracts, and
(ii) the evaluation of performance of contractors, suppliers and vendors doing business with
Collier County.
6.Non-Contract Purchases: Reviewing non-contract purchases under $50,000.00, as
defined in SECTION THREE, to determine if an aggregated contract approach may provide
value and offer pricing advantages to the County.
7.Tax Exemption: Procuring items for the County to exercise its tax exemption
status when eligible.
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;
11
Text underlined is added; text struck through is deleted.
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.
9.Records of Procurement activity shall be maintained in compliance with the
Chapter 119, Florida Statutes, “Public Records.”
SECTION SEVEN: Ethical Standards.
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.
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.
12
Text underlined is added; text struck through is deleted.
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”).
SECTION EIGHT:Exemptions to the Competitive Process.
13
Text underlined is added; text struck through is deleted.
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.
14
Text underlined is added; text struck through is deleted.
10.Repairs based upon shop estimates for equipment that has been disassembled.
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.
SECTION SEVEN NINE:Small Purchases (Purchases $3,000 or less).
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 26 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 utilized, staff will procure the
15
Text underlined is added; text struck through is deleted.
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 TEN:Informal Competition (Purchases Exceeding $3,000 but Not
Greater Than $50,000).
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. 1.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. 2.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.
16
Text underlined is added; text struck through is deleted.
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.
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 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:
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.
17
Text underlined is added; text struck through is deleted.
2.Request for Quote (RFQ) may 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.
3.Invitations to Bid (ITB) 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.
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 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.
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.
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.
6.Request for Professional Services (RPS) shall be issued by the Procurement
Services Director to procure professional engineering, architectural, landscape architectural or
18
Text underlined is added; text struck through is deleted.
surveying and mapping services in accordance with the Consultants' Competitive Negotiation
Act (CCNA), F.S. § 287.055.
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.
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.
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 powers and authority pursuant to F.S. ch. 252, Emergency
Management.
19
Text underlined is added; text struck through is deleted.
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.
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.
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.
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.
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 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.
20
Text underlined is added; text struck through is deleted.
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:
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.
21
Text underlined is added; text struck through is deleted.
(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 SECTION 11.
(2)b.Considering the past performance of vendors during the evaluation
of bids and proposals pursuant to the procedures established in
SECTION 11, subsection 15.a.(2)9.E.1b.
16.F .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 TWELVE: Competitive Bid Process. Reserved Rights.
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.
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
22
Text underlined is added; text struck through is deleted.
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.
23
Text underlined is added; text struck through is deleted.
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.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 Purchasing
Department shall determine if any of the bidders would be considered a local business as defined
under Section 15 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) 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.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.
24
Text underlined is added; text struck through is deleted.
b2.Subsequent to applying the procedures set forth under Section 15(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 qualified responsible 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.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.
F D.Award of Contract: The Chair or Vice Chair in the Chair's absence, when authorized by
majority vote of the Board, shall execute formal contracts 6having a binding effect upon the
County. A formal contract shall be awarded by the Board of County Commissioners to the
lowest, qualified responsive bidder. In addition to price the following may be considered:
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.
25
Text underlined is added; text struck through is deleted.
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.
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.
26
Text underlined is added; text struck through is deleted.
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 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
27
Text underlined is added; text struck through is deleted.
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).
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.
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.
28
Text underlined is added; text struck through is deleted.
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:
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.
29
Text underlined is added; text struck through is deleted.
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 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.
1.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.
2.
a.(a)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)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.
30
Text underlined is added; text struck through is deleted.
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 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:
31
Text underlined is added; text struck through is deleted.
a1.Designate the Purchasing Procurement Services Director to administer this
policy.
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:Procedure to Provide Preference to Local Businesses in
County Contracts.
32
Text underlined is added; text struck through is deleted.
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 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:
33
Text underlined is added; text struck through is deleted.
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 qualified responsible and
responsive, non-local business submits the lowest price bid, and the bid
submitted by one or more qualified responsible 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,
qualified responsible and responsive bidder. In such instances, staff shall
first verify if the lowest non-local bidder and the lowest local bidder are in
fact qualified responsible and responsive bidders. Next, the Purchasing
Procurement 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 qualified
responsible 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) or Competitive
Selection and Negotiation (Section 11) methods not otherwise exempt
34
Text underlined is added; text struck through is deleted.
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
(which are subject to F.S. § 287.055) and audit and accounting services
subject to subsection 11B.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.
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
35
Text underlined is added; text struck through is deleted.
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:Payment of Invoices.
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.
36
Text underlined is added; text struck through is deleted.
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 herein 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.
E.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.
6F.Prior to payment, the Board shall approve all expenditures with a finding that
such expenditures serve a valid public purpose.
5.G.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.
37
Text underlined is added; text struck through is deleted.
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 interest, as set forth in F.S. ch. 218, from the
date the payment request or invoice containing the disputed amounts was
38
Text underlined is added; text struck through is deleted.
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: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: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; 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
39
Text underlined is added; text struck through is deleted.
cooperative organizations, agreements and contracts with no further action required by the Board
providing that funds have been budgeted for these specific purposes.
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: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.
40
Text underlined is added; text struck through is deleted.
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.
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
41
Text underlined is added; text struck through is deleted.
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 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, 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.
42
Text underlined is added; text struck through is deleted.
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 Nine Paragraph 14, 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 Nine Paragraph 14, 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.
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, in the
Procurement Services Director or any other person shall be subject to the limits of any applicable
federal, state or other law.
43
Text underlined is added; text struck through is deleted.
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)".
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:
44
Text underlined is added; text struck through is deleted.
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: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:Unauthorized Purchases.
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: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:Protest of Bid or Proposal Award.
45
Text underlined is added; text struck through is deleted.
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 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
46
Text underlined is added; text struck through is deleted.
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.
47
Text underlined is added; text struck through is deleted.
During this process, the protesting party shall 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
48
Text underlined is added; text struck through is deleted.
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.
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.
49
Text underlined is added; text struck through is deleted.
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
$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: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
50
Text underlined is added; text struck through is deleted.
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-FIVE:Inspection and Testing.
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-SIX: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.
51
Text underlined is added; text struck through is deleted.
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
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-SEVEN: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-EIGHT: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
52
Text underlined is added; text struck through is deleted.
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.
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.
53
Text underlined is added; text struck through is deleted.
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.
(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.
54
Text underlined is added; text struck through is deleted.
(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 complaint within the prescribed time period,
the complaint, as forwarded to the contractor, shall become an
effective suspension or debarment decision without further appeal.
55
Text underlined is added; text struck through is deleted.
(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
56
Text underlined is added; text struck through is deleted.
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 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
57
Text underlined is added; text struck through is deleted.
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.
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
58
Text underlined is added; text struck through is deleted.
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.
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
59
Text underlined is added; text struck through is deleted.
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.
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.
60
Text underlined is added; text struck through is deleted.
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-NINE: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.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THIRTY THIRTY-ONE:Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word “ordinance” may be changed to “section,” “article,”
or any other appropriate word.
SECTION THIRTY-TWOONE:Effective Date.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _______ day of _____________________, 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
61
Text underlined is added; text struck through is deleted.
By:_____________________________By:_____________________________
, Deputy Clerk , CHAIRMAN
Approved as to form and legality:
___________________________
Scott R. Teach
Deputy County Attorney
17.D.d
Packet Pg. 1208 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1209 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1210 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1211 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1212 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1213 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1214 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1215 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1216 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1217 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1218 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1219 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1220 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1221 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1222 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1223 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1224 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1225 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1226 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1227 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1228 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1229 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1230 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1231 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1232 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1233 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1234 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1235 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1236 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1237 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1238 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1239 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1240 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1241 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1242 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1243 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1244 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1245 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1246 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1247 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1248 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1249 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1250 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1251 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1252 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1253 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1254 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1255 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)
17.D.d
Packet Pg. 1256 Attachment: Ordinance Amending 13-69 (2836 : Amendment to the Collier County Procurement Ordinance)