Agenda 02/10/2015 Item #16D7 2/10/2015 16.D.7.
EXECUTIVE SUMMARY
Recommendation to reaffirm the use of the previous awarded Invitation to
Bid 14-6278RR "Aquatic Maintenance Support Services" with Tri-City Pools, Inc.
for Sections A and B Preventative Maintenance work only; approve purchase orders issued
for "on —call" services through January 31, 2015 to Tri-City Pools; and procure "on-call"
maintenance repair services utilizing the applicable quotation and formal bid provisions in
the Board adopted purchasing ordinance.
OBJECTIVE: To ensure the sustained compliant inspection program of the Parks and Recreation
aquatic facilities by maintaining all equipment in safe condition for the public.
CONSIDERATIONS: On January 27, 2015 (Agenda Item 11C moved from 16D10) the Board
continued this item so that staff from the Clerk of Courts and Procurement Services could review new
pricing information for"on—call" maintenance repair support services questioning the application of the
hourly rate and Manufacturer's Suggested Retail Price(MSRP).
The Board approved the Award of Invitation to Bid (ITB) 14-6278RR "Aquatic Maintenance Support
Services," to Tri-City Pools, Inc., in the estimated annual amount of$80,000, on September 23, 2014
(Agenda item 16D20)for:
• Section A: Weekly Interactive Water Features Preventive Maintenance (15 features shall be
inspected and maintained each week for 52 weeks per year), and
• Section B: Semi-annual Aquatic Facilities (pools) Preventive Maintenance (15 pools shall be
inspected and maintained twice per year).
In the solicitation document, the County requested that bidders provide a price for each of the services in
Section A and Section B, which was the basis of determining the order of the lowest responsive bidder to
the highest responsive bidder outlined in the instructions. The County also requested that the bidders
provide an hourly rate and a discount off the Manufactured Suggested Retail Price in the event the County
requested additional "on—call"maintenance repair support services.
To summarize,the order of the lowest responsive bidder for the annualized Total of Section A and B work
[without"on—call"maintenance repair support services]:
• Tri-City Pools: $27,900.60; and,
• Vista Pools: $36,279.84.
After collaboration with the Clerk of Courts, staff recommends that the Board reaffirm the award of Tri-
City Pools for the Section A and B work [inspection work and no "on-call" maintenance repair support
services].
Staff has analyzed the "on-call" maintenance repair support service activity and found that the majority of
repairs are between one thousand ($1,000) and fifteen thousand ($15,000) dollars per occurrence. The
repairs are unpredictable; varied in scope, scale, and complexity; and, may include specialty equipment
(i.e. cranes) or special trades to correct. In collaboration with the Clerk of Courts, staff has contacted
both suppliers regarding past repair work and received additional information, including how parts are
ordered and pricing is established based on their supplier network.
After reviewing the information, staff believes that it is not in the best interest of the County to continue
utilizing the hourly rate and MSRP discount for"on—call"maintenance repair support services identified
in responses in ITB 14-6278RR "Aquatic Maintenance Support Services." In the past, staff has
attempted to compete these"on-call" maintenance repair support services three (3)times; outreach efforts
to the vendor pool repair community have resulted in only two (2) vendor bid offerings over the three (3)
solicitations. Rather than compete for an "on-call" maintenance repair support services contract a fourth
time, staff recommends that for each distinct "on-call" repair, that staff follow the Board's Purchasing
Ordinance (and policy) Section 8: Purchases under $50,000 (for quotes) and Section 9: Formal
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2/10/2015 16.D.7.
Competitive Threshold (for formal bids) in compliance with the Board's direction on 4/22/2014, Agenda
Item l 1E. This action will ensure that the County will receive the current overall lowest price at the time
of the repair. Utilizing this quote process may also result in generating more interest for County work and
create a larger vendor pool for a future maintenance contract. The Board approves expenditures prior to
payment with a finding of valid public purpose [Purchasing Ordinance Section 7 Purchases in General].
In summary, the Ordinance and policy allows for staff to compete for individual maintenance repair
support services:
• Less than$3,000: staff will obtain one quote from a vendor
• Above three thousand ($3,000) and less than fifty thousand ($50,000): staff will obtain three
quotes and issue purchase orders to the lowest responsive vendor; and,
• In excess of fifty thousand ($50,000): Staff will follow the Board's Purchasing Ordinance Section
9 Formal: Competitive Threshold for obtaining bids for service.
Staff recommends that the Board:
1. Reaffirm the award of Invitation to Bid 14-6278RR "Aquatic Maintenance Support Services"
with Tri-City Pools, Inc. for Sections A and B Preventative Maintenance work;
2. Approve purchase orders for "on — call" services through January 31, 2015 to ensure the
completion of already approved "on—call" repairs [outstanding purchase orders yet to be paid is
approximately $36,074] and authorize payment of the invoice, subject to Clerk of Courts pre-
audit process; and,
3. Obtain quotes for individual "on—call"repairs for maintenance repair support services and award
to the lowest and most responsive vendor. Should any single repair estimate exceed fifty
thousand ($50,000) dollars, Procurement Services staff will conduct a formal competition to
complete the repair unless otherwise exempt per the Purchasing Ordinance [Section Nine (B
and/or D)and Section Twenty-Five].
FISCAL IMPACT: Funds to maintain aquatic facilities are available within various cost centers
in General Fund(001), MSTD General Fund (111), and Parks CIP Fund(306).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval.—CMG
RECOMMENDATION: That the Board of County Commissioners reaffirms the use of th e
previous awarded Invitation to Bid 14-6278RR "Aquatic Mai ntenance Support
Services" with Tri-City Pools, Inc. for Sections A and B Preventative Maintenance work only;
approves issued purchase orders through January 31, 2015 to Tri-City Pools; and procure "on-call"
maintenance repair support services utilizing the applicable quotation and formal bid provisions in the
Board approved Purchasing Ordinance.
Prepared By: Natali Betancur, Operations Analyst,Parks and Recreation Department
Attachments:
• 14-6278RR Aquatic Maintenance Support Service Bid Tabulation
• Purchasing Ordinance 2013-69
• Executive Summary 1/28/14 (Agenda Item l 1 E)—Establishment of Purchasing Manual (continued)
• Executive Summary 4/22/14(Agenda Item 11E)—Establishment of Purchasing Manual (continued)
• Purchasing Policy
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2/10/2015 16.D.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.7.
Item Summary: Recommendation to reaffirm the use of the previous awarded
Invitation to Bid 14-6278RR "Aquatic Maintenance Support Services" with Tri-City Pools, Inc.
for Sections A and B Preventative Maintenance work only; approve purchase orders issued for
"on -call" services through January 31, 2015 to Tri-City Pools; and direct staff to follow the
Purchasing Ordinance for "on-call" maintenance repairs.
Meeting Date: 2/10/2015
Prepared By
Name: BetancurNatali
Title: Operations Analyst,Beach &Water
2/2/2015 3:48:07 PM
Submitted by
Title: Director-Purchasing/General Services, Purchasing& General Services
Name: MarkiewiczJoanne
2/2/2015 3:48:08 PM
Approved By
Name: MarkiewiczJoanne
Title: Director-Purchasing/General Services, Purchasing&General Services
Date: 2/3/2015 12:43:18 PM
Name: WilliamsBarry
Title: Director-Parks&Recreation,Parks &Recreation
Date: 2/3/2015 1:10:06 PM
Name: BetancurNatali
Title: Operations Analyst,Beach& Water
Date: 2/3/2015 1:27:38 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Department
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2/10/2015 16.D.7.
Date: 2/3/2015 1:39:19 PM
Name: TownsendAmanda
Title: Director-Operations Support,Public Services Department
Date: 2/3/2015 1:40:03 PM
Name: CarnellSteve
Title: Administrator-Public Services, Public Services Department
Date: 2/3/2015 2:44:55 PM
Name: GreeneColleen
Title:Assistant County Attorney, CAO General Services
Date: 2/3/2015 3:07:57 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 2/3/2015 4:26:29 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/4/2015 8:38:56 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/4/2015 10:42:32 AM
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01 r•1 2/10/2015 16.D.7.
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2/10/2015 16.D.7.
ORDINANCE NO. 2013 - 6 9
AN ORDINANCE REPEALING ORDINANCE 87-25 AS AMENDED, WHICH
ORDINANCE ESTABLISHED THE COLLIER COUNTY PURCHASING
DEPARTMENT AND ADOPTED A PURCHASING POLICY, AND
REPLACING IT WITH THIS NEW ORDINANCE, TO BE KNOWN AS THE
COLLIER COUNTY PURCHASING ORDINANCE, WHICH ORDINANCE
SETS FORTH ITS PURPOSE AND APPLICABILITY; PROVIDES FOR
DEFINITIONS; ESTABLISHES AND SETS FORTH THE DUTIES OF A
PURCHASING DEPARTMENT AND PURCHASING DIRECTOR;
PROVIDES FOR A PURCHASING MANUAL; PROVIDES FOR
PURCHASES UNDER $50,000, AND FOR PURCHASES OVER $50,000;
PROVIDES FOR A COMPETITIVE BID PROCESS, THE PROCUREMENT
OF PROFESSIONAL SERVICES, COMPETITIVE PROPOSALS, AND
PROCUREMENT OF DESIGN-BUILD CONTRACTS; ESTABLISHES
POLICIES FOR SMALL AND DISADVANTAGED MINORITY AND
WOMEN BUSINESS ENTERPRISES AND FOR PREFERENCE TO LOCAL
BUSINESSES; PROVIDES FOR PAYMENT OF INVOICES AND ADVANCE
PAYMENTS FOR GOODS AND SERVICES; PROVIDES FOR
PROCUREMENTS BASED ON STANDARDIZATION, COOPERATIVE
PURCHASING ORGANIZATIONS AND GOVERNMENT CONTRACTS;
SETS FORTH A PROCEDURE FOR CONTRACT ADMINISTRATION AND
FOR BONDS; PROHIBITS UNAUTHORIZED PURCHASES INCLUDING
SUBDIVIDING PURCHASES; SETS FORTH A PROCEDURE FOR BID
PROTESTS AND CONTRACT CLAIMS; PROVIDES FOR PURCHASES
DURING EXIGENT CIRCUMSTANCES, EMERGENCIES AND BOARD
RECESS PERIODS; PROVIDES FOR INSPECTING AND TESTING;
PROVIDES FOR SURPLUS PROPERTY; PROVIDES FOR A PURCHASING
CARD PROGRAM; PROHIBITS CONFLICT OF INTERESTS; SETS FORTH
A PROCEDURE FOR THE DEBARMENT AND SUSPENSION OF
VENDORS; AUTHORIZES THE BOARD TO WAIVE THESE PROVISIONS
WHEN APPROPRIATE; AND LASTLY PROVIDES FOR CONFLICT AND
SEVERABILITY, INCLUSION INTO THE CODE OF LAWS AND
ORDINANCES, AND 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, the Board must approve all purchases for valid public purpose and approve all
expenditures; and
WHEREAS, obtaining as full and open competition as possible on all purchases and
contracts and maximizing volume discounts by consolidating purchases and buying "in bulk" when
practical serves to further the County's goals and is in the best interest of the taxpayers of Collier
County; and
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2/10/2015 16.D.7.
WHEREAS, the Board of County Commissioners desires to ensure the County receives all
tax exemptions to which it is entitled; and
WHEREAS, it is in the best interests of the County for all its agencies and departments to
cooperate so as to secure maximum efficiency.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: Title and Citation.
This Ordinance shall be known and may be cited as the "Collier County Purchasing
Ordinance" or"Purchasing Ordinance."
SECTION TWO: Purpose.
The purpose of this Purchasing Ordinance is to codify and formalize Collier County's
Purchasing 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.
(a) This Purchasing Ordinance applies to the procurement of goods and services by the
County after the effective date of this Purchasing Ordinance. This Purchasing 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.
(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 Ordinance. However, the services of the Collier County Purchasing Department and
Purchasing Director may be made available for consultation.
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
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Authority, Collier County Water Sewer District and all departments under the auspices of the
County Manager.
Change Order shall mean a written order by a project manager, approved by the Purchasing
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 Ordinance.
Consultant/Contractor/Supplier/ Vendor shall mean a provider of goods or services to the
County agency. These terms may be used interchangeably.
Continuing Contract shall mean a contract for professional services with no time limitation
except that the contract must include a termination clause. 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, Ch. 125, Part III, Florida
Statutes.
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
1 987.
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.
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.
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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 shall have the same definition as set forth in Florida Statutes
Sec. 288.703, as amended from time-to-time, which presently means any small business concern as
defined below which is organized to engage in commercial transactions, which is domiciled in
Florida, and which is at least 51-percent-owned by minority persons who are members of an insular
group that is of a particular racial, ethnic, or gender makeup or national origin, which has been
subjected historically to disparate treatment due to identification in and with that group resulting in
an underrepresentation of commercial enterprises under the group's control, and whose management
and daily operations are controlled by such persons. For purposes of this definition, "small
business" means an independently owned and operated business concern that employs 200 or fewer
permanent full-time employees and that, together with its affiliates, has a net worth of not more than
$5 million or any firm based in this state which has a Small Business Administration 8(a)
certification. As applicable to sole proprietorships, the $5 million net worth requirement shall
include both personal and business investments.
Purchase or procurement shall mean the acquisition of goods or services.
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.
Purchase Order shall mean a contract which encumbers appropriated funds and which is
directed to a single vendor to furnish or deliver commodities or services to the County.
Purchasing Director is the Purchasing Director of Collier County.
Purchasing Manual shall mean the Board of County Commissioners' adopted administrative
procedures for implementing this Purchasing Ordinance.
Purchasing Policy or Policies shall mean the purchasing practices and procedures outlined in
this Purchasing 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.
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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.
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 situations in which only one vendor is chosen to provide the goods or
services because of its specialized or unique characteristics.
Sole source 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.
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 is a contract instrument issued under the terms and conditions of an approved
continuing or fixed 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 term contract, and all work done must fall within the scope and
term of the underlying agreement.
SECTION FIVE: Establishment of Purchasing Department and Purchasing Director.
1. There is hereby established the Collier County Purchasing Department, which shall be a
distinct administrative department under the direction of the County Manager.
2. The Purchasing Director of the Purchasing Department shall have the authority to negotiate
all purchases for all Agencies except as required by State, Federal or Local Law. In keeping with
Chapter 125, Florida Statutes, this Purchasing Ordinance grants to the Purchasing Director only
those powers and duties which are 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
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to be construed as ministerial in nature, for the purpose of carrying out the Board's directives and
policies.
SECTION SIX: Duties of Purchasing Department.
Within the constructs of this Ordinance,the Purchasing Department 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 Analysis: Keeping informed of current developments in the field of purchasing,
prices, market conditions and new products, and securing for the County the benefits of
research conducted in the field of purchasing by other governmental jurisdictions, national
technical societies, trade associations having national recognition, and by private business
and organizations.
4. Purchasing Manual: Preparing and recommending for adoption by the Board of County
Commissioners administrative procedures for the Agency known as a Purchasing Manual
for the implementation of this Purchasing 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 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 Ordinance
and Purchasing Manual.
6. Non-Contract Purchases: Reviewing non-contract purchases under $50,000 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.
9. 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;
c. Ensure purchases are consistent with the Purchasing Ordinance;
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d. Determine if specific purchases should be approved by the Board prior to the
purchase; and,
e. Delegate Purchasing Director authority granted by this Purchasing Ordinance in
whole or in part to Purchasing Department staff members.
SECTION SEVEN: Purchases in General.
The Board shall, prior to payment, approve all expenditures with a finding that such
expenditures serve a valid public purpose.
SECTION EIGHT: Purchases under$50,000
The process for making purchases under $50,000 shall be set forth in detail in the Purchasing
Manual. At a minimum:
I. A purchase shall not be artificially divided or split so as to qualify under this or any other
section of this Purchasing Ordinance. Purchases under $1,000 will generally be processed using a
regular purchase order, or, a purchasing card in accordance with Section 27 of this Purchasing
Ordinance.
2. Operating department staff should make all reasonable efforts to purchase goods and
services under Board approved contracts. In the event a contract is not available, staff will procure
the highest quality items or services at the least expense to the County after approval by the
Purchasing Director. Only the Board's Purchasing staff may issue a qualification based solicitation.
SECTION NINE: Formal Competitive Threshold (Purchases in Excess of$50,000).
A It is the intent of the Board of County Commissioners to establish an amount of fifty
thousand dollars ($50,000) as the County's threshold for formal competitive purchases. All such
purchases shall be accomplished by competitive sealed bid, by competitive selection and negotiation
(per Section 1 1) or by competitive proposals (per Section 12). Award of contracts shall be made by
the Board to the lowest, qualified responsive bidder except where otherwise provided for in this
Purchasing Ordinance or unless an exception is granted by the Board. Bid limits for requirements
utilizing federal or state funds will be those required by said agency granting the funds or the
County's requirements, whichever is more restrictive.
All formal competition shall be procured under the supervision of the Purchasing Director.
B. The requirement for formal competition may be waived by the Board of County
Commissioners where permitted by law, under the following circumstances:
1. Purchase of library books, education and/or personnel tests, similar audio visual
materials,periodicals,printed library cards, or other statutorily authorized exceptions.
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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.
E. 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:
1. The Purchasing Department shall be responsible for each of the following:
a. Developing, implementing and maintaining administrative procedures,
instructions and technologies necessary to collect past vendor performance
data.
b. Ensuring that relevant past performance data is properly gathered and
considered prior to award of subsequent contracts.
2. Operating departments shall be responsible for each of the following:
a. Conducting periodic performance evaluations of vendors under contract with
the County pursuant to the procedures established in subsection 9.E.1a.
b. Considering the past performance of vendors during the evaluation of bids and
proposals pursuant to the procedures established in subsection 9.E.1 b.
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.
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SECTION TEN: Competitive Bid Process.
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 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.
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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.
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 Fla. Stat. Sec. 119.07.
C. Tie Bids: Where there are low tie bids, the award process shall first be subject to Fla. Stat.
Sec. 287.087. In the event that all of the tied bidders comply with Fla. Stat. Sec. 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 Ordinance.
D. Rejection of Bids and Negotiation:
1. The Board of County Commissioners shall have the authority to reject any and all
bids.
2. Subsequent to applying the procedures set forth under Section 15(2) (b) (where
applicable), if 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 Director may negotiate changes with the apparent lowest qualified 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 Director shall be authorized to conduct such negotiations provided
said actions are not prohibited by law or the grant conditions.
3. If no bid is received, the Board of County Commissioners may authorize the
Purchasing Director to purchase by negotiation under conditions most favorable to
the public interest and when said purchase will result in the lowest ultimate cost of
the commodities or services obtained.
E. Waiver of Irregularities: The Board of County Commissioners shall have the authority to
waive any and all irregularities in any and all formal bids within lawful guidelines.
F. 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 having 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:
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1. The ability, capacity and skill of the bidder to perform the contract.
2. The ability of the bidder to perform the contract within the time required or the least
time, if appropriate,without delay or interference.
3. The experience and efficiency of the bidder.
4. The quality and performance of previous contracts awarded to the bidder.
5. The previous and existing compliance by the bidder with laws and ordinances relating
to the proposed contract.
6. The quality, availability and adaptability of the commodities or contractual services to
the particular use required.
7. The ability of the bidder to provide future maintenance and service (where
applicable).
8. Prior litigation or administrative proceedings against the County where the bidder or
the bidder's principal was a party.
9. Prior litigation or administrative proceedings involving the bidder or bidder's
principal.
All recommendations for award for contracts will be reviewed and approved by the
Purchasing Director prior to presentation to 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 Fla. Stat.§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, for
study activity if the fee for each individual study under the contract does not exceed
$200,000; or for work of a specified nature as outlined in the contract required by the
County, with the contract being for a fixed term or with no time limitation, except that the
contract must provide a termination clause.
3. Ranking of firms. The County, through the competitive proposal process, shall make a
finding that the firm or individual to be employed is duly qualified to render the required
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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 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:
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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 Section 11.45,
F.S.).
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.
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: Competitive 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).
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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.
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 Fla. Stat. Sec. 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.
SECTION THIRTEEN: Procurement of Design-Build Contracts.
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 Fla. Stat.
Sec. 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.
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
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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.
B. Implementing Measures: In an effort to implement this policy, the County may undertake
the following measures:
1. Designate the Purchasing Director to administer this policy.
2. 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:
a. Attending trade fairs which include representatives from these enterprises.
b. Attending meetings and social events wherein these enterprises are present.
c. Utilizing publications aimed at reaching these enterprises.
d. Utilizing Purchasing Directories and other reference sources that list these
enterprises.
e. Publicizing this Policy to encourage these enterprises to participate in the
County's procurement process.
f. Other actions designed to identify opportunities for these enterprises who seek
to provide commodities and services to the County.
3. Maintain a list of these enterprises.
4. 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.
C. 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.
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SECTION FIFTEEN: Procedure to Provide Preference to Local Businesses in County
Contracts.
Except where otherwise provided by federal or state law or other funding source restrictions or as
otherwise set forth in this Purchasing Ordinance, purchases of commodities and services shall
give preference to local businesses in the following manner:
(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) Preference in purchase of commodities and services by means of competitive bid, request
for proposals, qualifications or other submittals and competitive negotiation and
selection. Under any such applicable solicitation, bidders/proposers desiring to receive
local preference will be invited and required to affirmatively state and provide
documentation as set forth in the solicitation in support of their status as a local business.
Any bidder/proposer who fails to submit sufficient documentation with their bid/proposal
offer shall not be granted local preference consideration for the purposes of that specific
contract award. Except where federal or state law, or any other funding source, mandates to
the contrary, Collier County and its agencies and instrumentalities, will give preference to
local businesses in the following manner:
(a) 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 and responsive, non-local business submits the lowest
price bid, and the bid submitted by one or more qualified 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 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
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and responsive bidders. Next, the Purchasing Department shall determine if the lowest
local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to
businesses with drug-free workplace programs). If the lowest local bidder meets the
requirements of Fla. Stat. Sec. 287.087, the Purchasing 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 and responsive bidder. If the lowest local bidder
does not meet the requirement of Fla. Stat. Sec 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) 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 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 Section 287.055, F.S.) and subsection 11B.3 (which are subject to Section
11.45, F.S.) shall not be subject to this local preference section.
(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.
(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) Reciprocity. In the event Lee County, or any other Florida county or municipality ("local
government") deemed appropriate by the Collier County Board of Commissioners, extends
preferences to local businesses, Collier County may enter into an interlocal agreement with
such local government wherein the preferences of this section may be extended and made
available to vendors that have a valid occupational license issued by that specific local
government to do business in that local government that authorizes the vendor to provide the
commodities and services to be purchased, and a physical business address located within the
limits of that local government. Post Office Boxes are not verifiable and shall not be used for
the purpose of establishing said physical address. In addition to the foregoing, a vendor shall
not be considered a "local business" unless it contributes to the economic development and
well-being of the. said local government whichever is applicable, in a verifiable and measurable
way. This may include, but not be limited to, the retention and expansion of employment
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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) 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 or less, the Purchasing Department shall systematically encourage
departments to include local vendors when soliciting quotations in accordance with this policy.
SECTION SIXTEEN: Payment of Invoices.
A. Agencies under the purview of the Board of County Commissioners shall be in compliance
with Fla. Stat. Sec. 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:
1. The purchase of commodities and services;
2. The purchase or lease of personal property;
3. The lease of real property.
B. The County Manager shall establish and maintain a process that authorizes the payment of
freight and delivery charges that are not specifically identified on the purchase order of less than
$500.
C. It shall be the responsibility of the County Manager, in consultation with the Clerk's Finance
Director and operating departments, to establish procedures for the timely payment of all
transactions as defined under subsection 16.A hereof. Such procedures shall include, but are not
limited to the following:
1. 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.
2. Steps required for the receipt of all invoices and the prompt return of improper
invoices.
3. Steps required for the resolution of payment disputes between the County and a
vendor.
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D. Each December, the Purchasing Director and the Clerk of the Courts Finance Director shall
submit a report to the Board listing the number and total dollar amount of interest penalty payments
made during the preceding fiscal year pursuant to Florida Statute 218.
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 Fla. Stat. Sec. 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 Organizations and
Governmental Contracts
A. Where standardization is determined to be desirable by the Board of County Commissioners
or included in the Purchasing Manual, the purchase of commodities may be made by negotiation
with the approval of the purchase by the Board.
B. Annually, the Board of County Commissioners will approve a list of authorized purchasing
cooperative organizations and governmental schedules and contracts. The Purchasing Director may
approve purchases using these approved cooperative organizations, agreements and contracts with
no further action required by the Board providing that funds have been budgeted for these specific
purposes.
Additionally, the Purchasing 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.
A. 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:
1. A listing of the scope of services to be performed or commodities to be purchased.
2. 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.
3. A provision specifying the terms of cancellation by the County and where applicable,
a provision specifying the terms of renewal.
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4. 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.
5, 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 Ordinance, the Purchasing Director
shall determine the circumstances under which a Board approved purchase order (and all documents
included by reference) shall serve as the contract document.
B. Contract Manager: Every procurement of services shall be administered by the requesting
Agency/Department.
C. Contract Changes: Notices issued under a purchase order or contract may be authorized and
executed by the Purchasing Director, except notices that terminate a Board-approved purchase or
contract in its entirety. Modifications to a Board approved purchase or contract, including but not
limited to change orders, direct material purchases, notices to proceed or non-compliance, stop work
notices, use of approved allowances between line items, supplemental agreements, amendments and
changes by letter may be authorized and executed by the Purchasing Director provided that the
change is not more than ten (10) percent of the current Board approved dollar amount. Such changes
shall be reported monthly to the Board for approval by ratification. All material changes in scope of
agreements must be approved by the Board in advance.
The proviso at the end of the previous paragraph shall not be applicable to term contracts or blanket
purchase orders where the County desires to procure commodities and/or services on an as needed
basis without having to obligate itself to a total contract amount. Rather, such purchases shall be
based on fixed unit prices or other predetermined pricing methods and shall be limited in quantity by
the amount of funds appropriated in the budget of the operating department(s). Such purchases shall
be subject to all other provisions of this Purchasing Ordinance.
Notices that terminate an entire purchase or contract that was Board approved and contract
modifications that increase the total contract amount beyond the limits set forth above as applicable,
shall require the approval of the Board of County Commissioners. The Board shall have broad
authority, within the limits of the law, to evaluate and approve any recommended contract
modification without requiring further competition.
D. Contract Extension: Extension(s) of a Board-approved contract for commodities or non-
construction services may be requested by the contract manager to the Purchasing 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 Purchasing 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.
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E. Contract Renewal: The Purchasing Director shall authorize and execute renewals of
contracts for commodities and/or services subject to the following conditions:
1. That the Contractor has performed in a satisfactory manner and that the Purchasing
Director has received a request to renew from the Contract or Project Manager
verifying the Contractor's satisfactory performance.
2. That the Board approved agreement 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.
3. 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.
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.
F. Contract Approval: All contracts for commodities and services shall be authorized by the
Board of County Commissioners.
G. Work Orders: The Purchasing 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.
H. Consent to Assignments of Contract: For all contracts, the Board of County Commissioners
shall approve all assignments of contracts requested by the predecessor contracting party.
I. Authority Limitation and Delegation; Promulgation of Procedures:
The Purchasing Director may delegate to one or more Purchasing Department employees any or all
aspects of the authority vested in the Purchasing Director.
All authority to execute documents that is vested pursuant to this Section 19 in the Purchasing
Director or any other person shall be subject to the limits of any applicable federal, state or other
law.
1. Payments to Contractors, Vendors and Consultants
Prior to the execution of a formal contract subject to this Purchasing Ordinance, the Purchasing
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.
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In accordance with Fla. Stat. Sec. 218.735(8), the Purchasing 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 Purchasing 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:
1. 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)".
2. 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.
3. That the cumulative retainage not be adjusted until at least 50% of the work has been
completed and payment has been issued.
4. That the Purchasing Director's letter expressly sets forth the percentage of cumulative
retainage to be held for the remaining pay requests.
The Purchasing Director may authorize the partial release or payment of contract retainage to
the contractor prior to final completion of all project work provided that:
1. The contractor has performed in a satisfactory manner to date as verified in writing by
the Project Manager.
2. 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).
3. 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 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.
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SECTION TWENTY-ONE: Unauthorized Purchases.
All purchases made shall be consistent and in compliance with the Purchasing 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
Ordinance or of State law.
SECTION TWENTY-THREE: Protest of Bid or Proposal Award.
The purpose of this section is to accommodate legitimate protests concerning formal
competitive 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.
A. Any actual or prospective bidder or respondent to an Invitation to Bid or a Request for
Proposal, who has a substantial interest and 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 Director, who shall serve as the sole recipient of any and all notices of intent to protest
and all formal protests.
B. 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. The Purchasing Director, shall render a decision on the formal protest and
determine whether postponement of the bid opening or proposal/response closing time is
appropriate. The Purchasing Director's decision shall be considered final and conclusive unless the
protesting party files an appeal of the Purchasing Director's decision.
C. 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 Director within two (2) calendar days, excluding weekends and County
holidays, from the date of the initial posting of the recommended award.
D. All formal protests with respect to a recommended contract award shall be submitted in
writing to the Purchasing Director for a decision. Said protests shall be submitted within five (5)
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calendar days, excluding weekends and County holidays, from the date that the notice of intent to
protest is received by the Purchasing 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:
1. Name and address of County Agency affected and the solicitation number and title.
2. The name and address of the protesting party.
3. A statement of disputed issues of material fact. If there are no disputed
material facts,the written letter must so indicate.
4. A concise statement of the ultimate facts alleged and of any relevant rules,
regulations, statutes, and constitutional provisions entitling the protesting party
to relief.
5. The protesting party's entitled demand for the relief.
6. 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.
E. In the event of a timely protest of contract award consistent with the requirements of this
section, the Purchasing Director shall not proceed further with the award of the contract until all
appropriate administrative remedies as delineated under this section have been exhausted or until
the Board of County Commissioners makes a determination on the record that the award of a
contract without delay is in the best interests of the County. During this process, the protesting party
shall 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.
F. The Purchasing Director shall review the merits of each timely protest and in consultation
with the contract manager 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
Director shall be final and conclusive unless the protesting party delivers a subsequent written notice
of appeal to the Purchasing Director within two (2) calendar days, excluding weekends and County
holidays from the date of receipt of the decision. In filing a written objection to the Purchasing
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Director's decision, the protestor shall not introduce new arguments or alter in any other way their
protest submission. An appeal of the Purchasing 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.
G. 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 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
Director's decision, and supporting documents and evidence presented at the hearing. In any hearing,
irrelevant, immaterial or unduly repetitious evidence shall be excluded. All other evidence of a type
commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be
admissible whether or not such evidence would be admissible in a trial in the courts of Florida. The
Hearing Officer may grant the motion of any person having standing under Florida law to intervene
in the proceedings. Persons or parties shall have the right to be represented by counsel in the
proceedings, to call witnesses, and present evidence; provided, however, that the Hearing Officer
shall not have the right to compel attendance of witnesses or to permit or compel any discovery.
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.
H. Decisions of the Purchasing 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.
I. 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.
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J. As a condition of filing a formal appeal to the Purchasing 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 or less $500
$250,000.01 to $500,000 $1,000
$500,000.01 to $5 million $3,000
$5 million or more $5,000
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 Director must determine the facts of the dispute. All contract claims
should be reported to the County Attorney's Office and Clerk's Finance for proper documentation
and recording and to the Board for determining action.
SECTION TWENTY-FIVE: Exigent Circumstances, Emergency and Board Absence
Purchases.
In case of an exigent circumstance, which is defined as any circumstance requiring
immediate action or attention, a valid public emergency, or during the Board's extended recess
session(s) (all efforts should be made to obtain Board approval prior to anticipated recesses)
whereby a purchase is necessary, the County Manager shall authorize the Purchasing Director to
secure by open market procedure as herein set forth, any commodities or services. The County
Manager shall have the authority to take actions including, but not limited to the issuance of
contracts, change orders, and/or supplemental agreements. Any action shall be reported at the first
available meeting of the Board of County Commissioners. The County Manager under the same
consultations noted above shall further be authorized to approve payment(s) to vendors at the time of
or shortly after purchase should the circumstances warrant. These payments shall be reported at the
first available meeting of the Board.
This section in no way constrains the provisions of Collier County's Civil Emergency
ordinances or powers and authority pursuant to Fla. Stat. ch. 252, Emergency Management.
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SECTION TWENTY-SIX: Inspection and Testing.
The Purchasing 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.
A. Inspection by Operating Department: The Purchasing Director shall authorize operating
departments to inspect all deliveries made to such operating departments under rules and regulations
which the Purchasing Director shall prescribe.
B. Testing: The Purchasing 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
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: Purchasing Card Program.
The Purchasing Director shall be responsible for the overall management and operation of
the County's purchasing card program. For the purpose of this Purchasing 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, contract, travel
related, and other purchases made according to Section Eight. The Purchasing Director shall be
authorized to assign cards to employees for these purchases. The Purchasing Director shall be
responsible for establishing the following dollar limits for each assigned card:
A. Single Transaction Limit: Not to exceed $1,000 per card unless otherwise authorized by the
Purchasing Director.
B. Monthly Spending Limit: Not to exceed $10,000 per card unless otherwise authorized by the
Purchasing Director.
C. Strategic Purchases: The Purchasing 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:
1. Where the purchase is to address a valid public emergency; or
2. Where the County will earn revenue through card program rebates; or
3. Where a vendor is requiring the County to order by purchasing card.
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SECTION TWENTY-EIGHT: Conflict of Interest.
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 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: Debarment and Suspension.
The County Manager may suspend and/or debar vendors, contractors, consultants and other
interested and affected persons from active participation in obtaining County contracts upon
approval of the Board. The purpose of any such action shall be to protect the County's interests and
the integrity of the County's contracting process. The suspension and debarment processes shall be
considered to be separate from and in addition to the award evaluation and vendor performance
evaluation processes authorized elsewhere in this Purchasing Ordinance
A. Definition of Terms: For the purposes of this section, the following terms have been defined
as follows:
1. 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.
2. Civil Judgment refers to a judgment or finding of a civil offense by any court of
competent jurisdiction.
3. Contractor means any individual or legal entity that:
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
b. Conducts business, or reasonably may be expected to conduct business, with
the County as an agent, surety, representative or subcontractor of another
contractor.
4. 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.
5. 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.
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6. 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.
7. 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.
8. Suspension refers to action taken by the Purchasing Director to temporarily disqualify
a contractor from County contracting or County-approved subcontracting pending
action of the Board.
B. Suspension: The Purchasing Director shall have the authority to recommend to the Board 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 months without the approval of the County Manager.
C. Debarment:
I. Causes for Debarment: The prospective causes for debarment include one or more of
the following:
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.
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.
c. Conviction under state or federal antitrust laws arising out of the submission
of bids, proposals or other competitive offers.
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).
e. Refusal to provide bonds, insurance or other required coverage and
certifications thereof within a reasonable time period.
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.
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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 years under the provisions of
this section.
h. Violation of the ethical standards set forth under applicable state or county
laws.
Debarment of the contractor by another public agency.
j. Any other cause deemed to be so serious and compelling as to materially
affect the qualifications or integrity of the contractor.
2. Procedure:
a. The county department requesting the suspension or debarment action shall
submit to the Purchasing Director a written complaint setting forth the
reason(s) for seeking debarment and shall identify a recommended debarment
period.
b. The Purchasing Director shall review the complaint, verify whether it is
compliant with the provision of this Purchasing Ordinance, direct any
appropriate changes and forward the complaint to the contractor.
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 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.
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 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 Director's recommendation, the Contractor shall have a
maximum of three business days to file an appeal of the debarment decision
with the Purchasing 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 Director's decision; the County Manager shall formally cite the
reasons for doing so.
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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 Director will
convene a committee (hereinafter referred to as "the committee") consisting of
at Ieast three individuals who will review the complaint and the contractor's
reply. The County Manager shall formally appoint the committee, which will
generally consist of county employees, none of whom shall be a member of
the department initiating the complaint. At the discretion of the County
Manager, a member from private industry with a particular area of relevant
expertise may be appointed to the committee,provided that this member is not
a direct or indirect competitor of the firm in question. The Office of the
County Attorney shall appoint a representative to attend the hearing. 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 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.
f. The Purchasing Director shall chair the committee and serve as the Purchasing
Department's representative to the committee. The Purchasing 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 Section 286.011 Fla. Stat.
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 unqualified 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 debarment, the decision will formally
include, but not be strictly limited to the following information:
1) The specific reasons for the action;
2) The scope of the suspension or debarment; and
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.
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h. The Purchasing 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 business
days to file an appeal of the decision with the Purchasing 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.
3. Debarment Period:
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.
b. The committee (having the same or different composition)may recommend to
the Board a reduction in the debarment period upon a written request from the
contractor to do so, based on one or more of the following reasons:
1) Newly discovered material evidence;
2) A reversal of the conviction, civil judgment or other action upon which
the debarment was based;
3) Bona fide change in ownership or management;
4) Elimination of other causes for which the debarment was imposed; or
5) Other reasons that the committee might deem appropriate.
The contractor's request shall be submitted to the Purchasing Director in
writing and shall be based on one or more of the aforementioned reasons.
c. The decision of the Board regarding a reduction of the debarment period is
final and not subject to appeal.
4. The Effects of Debarment:
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.
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b. The Purchasing Department shall notify all Board departments of the final
debarment decision and the effects of that decision with regard to conducting
business with the debarred entity(ies) during the debarment period.
5. Continuation of Current Contracts:
a. Departments 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:
a. 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.
b. 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.
7. The Scope of Debarment: Debarment applies to all officers, Directors, Managers,
principals, Purchasing 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: Waiver of Ordinance.
The Board of County Commissioners shall have the authority to waive any and all
Purchasing Ordinance provisions within lawful guidelines and upon formal Board action.
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SECTION TFIIRTY-ONE: Conflict and Severability.
In the event this Purchasing 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 Purchasing
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-TWO: Inclusion in the Code of Laws and Ordinances.
The provisions of this Purchasing Ordinance shall become and be made a part of the Code of
Laws and Ordinance of Collier County, Florida. The sections of the Purchasing 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-THREE: Effective Date.
This Purchasing 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 `.` 7-0.-, day of '" ,_ «.`< _>.,.-- . 2013.
;1.11 EST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
j (',
Bv: `_.::.. . > <a .-C • By I t
.ere e. y Clerk GEORGIA,-. :' ft,LER, ESQ.
Attest as to • CHAIRWOMAN
sig atur- opiy.
Approv. R:•. • ioiiit and legality:I,t r _ ,
Ieffi ey . . Khatzkow
County . ttor/nev
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EXECUTIVE SUMMARY
Recommendation to approve the Purchasing Manual; authorize the use of a
County Attorney approved standard purchase order delegated to the County
Manager and executed by the Purchasing Director for the general procurement of
goods and services; and, delegate the signature authority to the County Manager
and executed by the Purchasing Director for County Attorney approved non-
standard vendor agreements for goods and services up to $50,000 and approved
annual cooperative contracts [Section 18B] which are reported and approved per
Section Seven of the Purchasing Ordinance.
OBJECTIVE: To enact a purchasing manual to support the Board's Purchasing Ordinance
adopted on December 10, 2013 (Agenda Item 17J).
CONSIDERATIONS: Per the Board's Purchasing Ordinance adopted on December 10, 2013
(Agenda Item 17J), and in an effort to secure goods and services in the most effective and
efficient manner, staff recommends the adoption of the Purchasing Manual. Further staff
recommends that the attached purchase order terms and conditions, executed by the
Purchasing Director, become the general ordering instrument (except in the case of the use of
the County's procurement card). For purchases under $50,000 and Board approved annual
cooperative organizational contracts, and for vendors who require a signed non-standard
agreement, memorandum of understanding, contract, etc., the Purchasing Staff will complete
negotiations and edit and forward to the County Attorney for final review and approval. Staff
recommends that the Purchasing Director signs the agreement on behalf of the Board of
County Commissioners, and reports the expenditure per the Purchasing Ordinance Section
Seven. Purchases in General.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval.—SRT
RECOMMENDATION: That the Board of County Commissioners approves the Purchasing
Manual; authorizes the use of a County Attorney approved standard purchase order
delegated to the County Manager and executed by the Purchasing Director for the
general procurement of goods and services; and, delegates the signature authority to the
County Manager and executed by the Purchasing Director for County Attorney approved
non-standard vendor agreements for goods and services up to $50,000 and approved
annual cooperative contracts [Section 18B] which are reported and approved per Section
Seven of the Purchasing Ordinance, all of which is consistent with the Board's
Purchasing Ordinance adopted on December 10, 2013.
PREPARED BY: Joanne Markiewicz, Interim Director, Purchasing
Attachments:
• Purchasing Manual
• County Attorney approved standard pr
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EXECUTIVE SUMMARY
Recommendation to approve a County Purchasing Manual establishing
procurement and contract administration procedures that support execution of the
Board's Purchasing Ordinance adopted on December 10, 2013.
OBJECTIVE: To enact a purchasing manual to support the Board's Purchasing Ordinance
adopted on December 10, 2013 (Agenda Item 17J).
CONSIDERATIONS: Per the Board's Purchasing Ordinance adopted on December 10, 2013
(Agenda Item 17J), and in an effort to secure goods and services in the most effective and
efficient manner, staff recommends the adoption of the Purchasing Manual. Further, staff
recommends that the attached purchase order terms and conditions, executed by the
Purchasing Director, become the general ordering instrument (except in the case of the Board
approved use of the County's procurement card).
For vendors who require a signed non-standard agreement, memorandum of understanding,
contract, etc. for purchases less than fifty thousand dollars ($50,000); and, for Board approved
annual cooperative organizational memorandums of understanding, usage agreements, etc. (as
approved December 10, 2013, Agenda Item 16E11), the Purchasing Staff will finalize terms and
forward those terms to the County Attorney for final review and approval. Staff recommends
that the Purchasing Director (as designated by the County Manager) signs those agreements,
and report the expenditure per Section Seven of the Purchasing Ordinance (Purchases in
General).
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval.—SRT
RECOMMENDATION: That the Board of County Commissioners approves a County
Purchasing Manual establishing procurement and contract administration procedures
that support execution of the Board's Purchasing Ordinance adopted on December 10, 2013.
PREPARED BY: Joanne Markiewicz, Director, Procurement Services
Attachments:
• Purchasing Manual
• County Attorney approved standard purchase order terms and conditions
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EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners enacts a new Purchasing
Ordinance, and that until a Purchasing Manual is approved by the Board, that the present
Purchasing Policy with respect to all purchases under $50,000 continue in full force and
effect, as amended by this Ordinance.
OBJECTIVE: To enact a new Purchasing Ordinance.
CONSIDERATIONS: This item has its genesis in an Executive Summary brought by
Commissioner Hiller during the February 12, 2013 Board meeting. The Board's direction was
for the County Attorney to work with Staff and the Clerk and bring back a Purchasing Ordinance
for the Board's review and consideration. Numerous meetings and discussions have been held
since that time.
The process was as follows. First, I took the entire current Purchasing Policy and simply put it
into Ordinance form. Accordingly, the great bulk of the Purchasing Ordinance is the current
Purchasing Policy. Thereafter, both County staff and members of the Clerk's Office made a
number of changes,the majority of which were agreed to.
The Board held its first reading of this Ordinance on November 12`h. A number of items of
disagreement were aired between staff and the Clerk. A copy of the transcript of the Board's
discussion is attached. In keeping with Board direction, I made the following substantive
{
changes to the proposed Ordinance, and advertised the ordinance for this hearing:
SECTION SEVEN: Purchases in General.
The Board shall, prior to payment. approve all expenditures with a finding
that such expenditures serve a valid public purpose.
SECTION EIGHT: Purchases under$50,000
The process for making purchases under $50,000 shall be set forth in detail in the
Purchasing Manual. At a minimum:
1. A purchase shall not be artificially divided or split so as to qualify under this or
any other section of this Purchasing Ordinance. Purchases under $1,000 will
generally be processed using a regular purchase order, or, a purchasing card in
accordance with Section 27 of this Purchasing Ordinance.
2. Operating department staff should make all reasonable efforts to purchase
goods and services under Board approved contracts. In the event a contract is not
available, staff will procure the highest quality items or services at the least
expense to the County after approval by the Purchasing Director. Only the is
Board's Purchasing staff may issue a qualification based solicitation.
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2.Solicitation of Quotes: Open market sale or price quotes may be solicited in
Quote information will be reviewed and approved by the Purchasing Director .
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for:
purchased directly from the owner of a copyright er patent, a governmental
single source purchases.
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Manager pursuant to Section 25.
County Attorney for purposes of ppcper-iteg fer or defending against imminent or
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, valid public emergency or during the
Board's extended recess session(s) whereby a purchase may exceed the threshold
outlined in Section 9 the County Manager shall authorize the Purchasing Director
to secure by open market procedure as herein set forth, any commodities or
services. The County Manager shall have the authority to take actions including,
but not limited to the issuance of contracts, change orders, and/or supplemental
agreements. Any action shall be reported at the first available meeting of the
Board of County Commissioners. The County Manager under the same
consultations noted above shall further be authorized to approve payment(s) to
vendors at the time of or shortly after purchase should the circumstances warrant.
These payments shall be reported at the first available meeting of the Board.
This section in no way constrains the provisions of Collier County's Civil
Emergency ordinances or powers and authority pursuant to Fla. Stat. ch. 252,
Emergency Management.
With respect to the Local Vendor Provision, after speaking with the Chair, I eliminated staff's
proposed alternative. The proposed Ordinance thus contains the Board's current approved local
vendor policy. Any future proposed changes to this policy can be brought forth in the customary
manner. Eliminating both provisions as directed by the Board would have meant that the County
would not have any Local Vendor Policy in place until future action, which I do not believe was
the Board's intent. If that was indeed the Board's intent, the provision can be eliminated on
motion.
After forwarding all parties the Ordinance as revised above, additional discussions between staff
and the Clerk's Office were held. A copy of the Ordinance showing additional changes
requested by the Clerk, together with staff comments, is attached. All agreed upon points were
then included within the proposed Ordinance. There remained a number of other requested
changes that were not agreed to by staff. Of these, there are two provisions that remain
contentious.
The first provision is as follows:
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SECTION TWENTY-SEVEN: Purchasing Card Program.
D. Sales Tax Compliance: Pursuant to Section 212.08(6), F.S., 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 Purchasing 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.
There is no need for this provision to be in an Ordinance. Accordingly, I have removed it. If
staff and/or the Clerk feel the need to address this issue (and Sales Tax is purely a matter of State
Statute, so it need not be addressed), then the issue can be restated and made part of the
Purchasing Manual.
The second provision is as follows:
SECTION SIXTEEN: Payment of Invoices.
B. 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.
There is no need for this provision to be in an Ordinance either. Accordingly, I have
removed it. If staff and/or the Clerk feel the need to address this issue, then the matter
can be restated and made part of the Purchasing Manual.
FISCAL IMPACT: May require additional Purchasing staff to implement.
GROWTH MANAGEMENT IMPACT: None.
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RECOMMENDATION: That the Board of County Commissioners enact the proposed
Purchasing Ordinance, and that until a Purchasing Manual is approved by the Board, that the
present Purchasing Policy with respect to all purchases under $50,000 continue in full force and
effect, as amended by this Ordinance.
Prepared by: Jeffrey A. Klatzkow, County Attorney 1
Attachment: Proposed Ordinance, Transcript of November 12th Board Discussion.
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PURCHASING POLICY OF COLLIER COUNTY
ESTABLISHMENT OF PURCHASING POLICY
Ordinance No. 87-25 provides for the adoption of a Purchasing Policy. Collier County
Resolution No. 97-435 establishes the following Purchasing Policy.
II. PURCHASING DEPARTMENT RESPONSIBILITIES
A. The Purchasing Department shall be responsible for:
1. Seeking Maximum Value: Act to procure for the County the highest quality
commodities, and contractual services at least expense to the County.
2. Encouraging competition: Endeavor to obtain as full and open competition as
possible on all purchases and sales.
3. Procedures: Establish and amend, when necessary, operational procedures
for the implementation of the Purchasing Policy provided by ordinance. Said
procedures shall become effective only when approved in writing by the
County Manager. Copies of the procedures shall be maintained on file in the
office of the Purchasing Department.
4. Purchasing Analysis: Keep informed of current developments in the field of
purchasing, prices, market conditions and new products, and secure 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.
5. Purchasing Manual: Prescribe and maintain a standard Purchasing Manual
for all using agencies. The content of said manual will be governed by this
Policy.
6. Forms: Prescribe and maintain such forms as shall be found reasonably
necessary to the operation of this Policy.
7. Vendor Certification: Document that vendors doing business with the County
have acknowledged their understanding and acceptance of the terms and
conditions of the County's Purchasing Policy and have agreed to abide by
those terms.
8. Bulk Purchases: Exploit the possibilities of buying "in bulk" so as to take full
advantage of discount.
9. Vendors' Catalog File: Prepare, adopt and maintain a vendor's catalog file.
Said catalog shall be organized according to materials and/or services and
shall contain descriptions of vendors' commodities, prices and discount.
10. Tax Exemptions: Act so as to procure for the County tax exemptions to which
it is entitled.
11. Cooperation: Cooperate with using agencies so as to secure for the County
the maximum efficiency in budgeting and accounting.
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12. Suspension and Debarment of Vendors: To oversee and facilitate the
suspension and/or debarment of vendors as set forth under Section XXIX of
this policy.
13. Inquiry and Control: Have full authority to question the quality, quantity, and
kinds of items requisitioned in order that the best interests of the County are
served. The Purchasing Director shall have final approval authority for all
purchases at or below the formal competitive threshold. To ensure the timely,
proper and orderly acquisition of services to the various using agencies, all
authority granted to the Purchasing Director in this policy may be formally
delegated by the Purchasing Director in whole or in part to appropriate staff
members within the County Manager's agency.
III. PURCHASES NOT EXCEEDING $3,000
Purchases that do not exceed $3,000 may be approved by the Purchasing Director
without informal or formal competition by means of a purchase order, purchasing card or
formal agreement (or any combination therein) as defined under this policy or deemed
appropriate by the Purchasing Director.
IV. INFORMAL COMPETITION (PURCHASES EXCEEDING $3,000 BUT NOT GREATER
THAN $50,000)
A. All purchases exceeding $3,000 but not more than $50,000 shall be awarded by
the Purchasing Director to the qualified and responsive vendor submitting the
lowest or best overall quote which meets all specifications, unless the requirement
for competition is waived by the Purchasing Director in accordance with Section
4.B. All such purchases may be solicited and awarded without formal public
announcement and without formal competition.
1. Minimum Number Quotes: Open market purchases or sales in excess of
$3,000 but less than or equal to the formal competitive threshold shall be
based on a good faith effort by the Purchasing Department or the using agency
to obtain at least three (3) competitive quotes (including all no quote"
responses). Award shall be made to the lowest, qualified and responsive quote
in accordance with the standards set forth in this Policy.
2. Solicitation of Quotes: The Director may solicit quotes orally, written, or
electronically for open market pricing or sale, using available bidders' and
supplier lists. The Director shall determine in which instances quotations shall
be solicited in writing. Further the Director shall determine which agency (e.g.;
Purchasing or the using agency) shall obtain the quotations. All quotes in
excess of ten thousand dollars $10,000 shall be tendered or confirmed in
writing or electronically submitted by the vendor prior to purchase.
3. Public Record: The Director shall keep a record of all open market quotes
submitted and such records shall be open to public inspection after award has
been made.
B. The requirements for requesting quotes from three (3) or more sources are waived
and do not require Board action for:
1. Purchase of library books, education and/or Personnel tests, similar audio
visual materials, periodicals, printed library cards, etc.
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2. Professional services; and, in instances when authorized by the Purchasing
Director where commodities or services are purchased directly from the owner
of a copyright or patent, a governmental agency, a recognized educational
institution, a not-for-profit entity or when there are no other identifiable sources
available.
3. Purchases that the Director has determined to be legitimate single source
purchases.
4. Valid public emergencies or other instances deemed by the Director to be in
the best interests of the County.
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.
C. All purchases greater than $1,000 but less than or equal to $3,000 will generally be
processed using a regular purchase order. However, such purchases may be
processed using a purchasing card in accordance with Section XXIV of this policy.
V. FORMAL COMPETITIVE THRESHOLD (Purchases in excess of$50.000)
A. It is the intent of the Board of County Commissioners to establish an amount of fifty
thousand dollars ($50,000) as the County's formal competitive threshold for
purchases. The established limit shall be applied to all methods of purchase by
agencies under the purview of the Board of County Commissioners, including but
not limited to competitive sealed bids, competitive proposals and competitive
selection and negotiation. 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, etc.
2. Single source purchases(pursuant to subsection C).
3. Valid public emergencies(pursuant to Section XXI).
4. Where it is determined to be in the best interests of the County to do so.
B. All purchases subject to formal competition shall be awarded by the Board of
County Commissioners unless otherwise delegated by the Board via formal public
action.
C. Exemption For Single Source Commodities: Purchases of commodities and
services from a single source may be exempted from formal competition upon
certification by the Purchasing Director of both of 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.
All Single Source purchases in excess of the formal competitive threshold shall be
exempted from formal competition by the Board. Recurring single source
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purchases shall not require subsequent Board approval (in the same or in any
subsequent fiscal year) provided that there are sufficient budget appropriations to
make each purchase. Purchases less than or equal to the formal competitive
threshold may be exempted from competition by the Purchasing Director, as
permitted by law
D. Use of Past Performance Data: In order to promote the qualitative delivery of
commodities and services, County departments shall record and consider the past
performance of vendors in the award of contracts exceeding the formal competitive
threshold. This objective shall be accomplished as follows:
1. The Purchasing Department shall be responsible for each of the following:
a. Developing, implementing and maintaining appropriate administrative
procedures, instructions and technologies necessary to collect and access
vendor performance data.
b. Ensuring that relevant past performance data is properly gathered and
considered prior to award of subsequent contracts.
2. Using agencies shall be responsible for each of the following:
a. Conducting periodic performance evaluations of vendors under contract
with the County pursuant to the procedures established pursuant to
subsection V.D.1a.
b. Considering the past performance of vendors during the evaluation of
formal bids and proposals for subsequent contract awards as set forth in
the administrative procedures referenced under subsection V.D.1a.
VI. COMPETITIVE BID PROCESS
Any purchase of commodities or services costing in excess of the formal competitive
threshold shall be accomplished by competitive sealed bid, by competitive selection and
negotiation (per section VII) or by competitive proposals (per section VIII). Award of Bid
Contract shall be made by the Board to the lowest, qualified and responsive bidder
except where otherwise provided for in this policy 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
takes precedence.
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. 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 herein shall include a general
description of the commodities/services to be purchased or sold, shall state
where bid instructions and specifications may be secured and the time and
place for opening bids.
3. Bidders' List: The Director shall also solicit sealed bids from qualified
prospective vendors/contractors who have registered their names on the
Collier County Purchasing Department vendor database, which will
electronically send them a notice of the proposed purchase or sale. Notices
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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 profiles in the
database to ensure proper notifications are received. Vendors/contractors may
be removed from the database by the Director for continual non-response to
formal solicitations and violations to the Purchasing Policy. The Director shall
have the discretion to 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 Director, bid deposits shall be
prescribed in the public notices inviting bids. Said deposits shall be in the
amount equal to five percent of the bid submitted. The Director shall have the
authority to return the deposits of all bidders prior to award of bid contract by
the Board of County Commissioners. A successful bidder shall forfeit any
deposit required by the 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 Director or designee and the Purchasing Director.
The addendum shall clearly point out any addition or change to the invitation
for bids. The Purchasing Department shall be responsible for insuring that
addenda are available on the e-procurement 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
Director and if manual shall be clearly identified as bids on the outside of the
sealed envelope.
2. Opening: Bids shall be opened publicly at the time and place stated in the
public notices and shall be witnessed and certified by the Purchasing
Department.
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.
C. Tie Bids: Where there are low tie bids, the award process shall first be subject to
Section 287.087, F.S. In the event that all of the tied bidders comply with Section
287.087, F.S., the Purchasing Department shall determine if any of the bidders
would be considered a local business as defined under Section XI of this policy. 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
X1.2.(a) of this policy.
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D. Rejection Of Bids And Negotiation:
1. The Board of County Commissioners shall have the authority to reject any and
all bids.
2. Subsequent to applying the procedures set forth under Section XI (2)(a)(where
applicable), if the lowest, qualified responsive bid exceeds the budgeted
amount and if the purchase is not funded in whole or in part with interagency
grant dollars, the Purchasing Director may negotiate changes with the apparent
lowest qualified 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 Director shall be authorized to
conduct such negotiations provided said actions are not prohibited by law or
the grant conditions.
3. If no bid is received, the Board of County Commissioners may authorize the
Purchasing Director to purchase by negotiation under conditions most
favorable to the public interest and when said purchase will result in the lowest
ultimate cost of the commodities or services obtained.
E. Waiver Of Irregularities: The Board of County Commissioners shall have the
authority to waive any and all irregularities in any and all formal bids.
F. Award Of Bid Contract: The Chairman, when authorized by majority vote of the
Board or as otherwise provided for in this policy, shall execute formal contracts
having a binding effect upon the County. Formal, bilateral contracts shall not be
required where a purchase order is sufficient. A formal contract shall be awarded
by the Board of County Commissioners to the lowest qualified and responsive
bidder. In addition to the price shall be considered the following:
1. The ability, capacity and skill of the bidder to perform the contract.
2. The ability of the bidder to perform the contract within the time required or the
least time, if appropriate, without delay or interference.
3. The experience and efficiency of the bidder.
4. The quality and performance of previous contracts awarded to the bidder.
5. The previous and existing compliance by the bidder with laws and ordinances
relating to the 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).
All recommendations for award for bid contract will be reviewed and approved by
the Purchasing Director prior to presentation to the Board of County
Commissioners.
Bidders competing for a prospective bid award (and their agents/representatives)
will not be permitted to publicly or privately address the Board 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.
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VII. PROCUREMENT OF PROFESSIONAL SERVICES
A. Because differences in price may only be a minor concern compared to qualitative
considerations, professional services 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.
2. Competitive Proposals(pursuant to Section VIII).
B. 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:
1. Appraisal Services- real and personal property appraisers.
2. Architecture, professional engineering, landscape architecture, or registered
land surveying services (as per Section 287.055, F.S.).
3. Audit and Accounting Services - auditors and accountants (excepting the
selection of the annual auditor which shall be conducted as per Section 11.45,
F.S.).
4. Consultants- planning, management, technological or scientific advisors.
5. Financial Services - bond counsel, rating and underwriting, financial advisor,
and investment services.
6. Legal Services-attorneys and legal professionals.
7. Medical Services - medicine, psychiatry, dental, hospital, and other health
professionals.
C. Requests exclusively for services defined under VII.B.2 will be procured in a
manner consistent with Section 287.055, F.S., known as "The Consultant's
Competitive Negotiation Act" as required by said statute. Projects may include, but
are not strictly limited to one or more of the following:
1. Fixed assignment contracts: A grouping of minor professional service
(including construction inspection services)assignments.
2. Fixed term contracts: Countywide agreements for various and miscellaneous
minor professional services (including construction inspection services) on an
as needed basis.
3. General Professional Services: Includes administration, support and
management of engineering, architectural, surveying and planning activities.
Prior to issuing a work order under a contract identified under Section VII.C.1-3, the
Director shall have the discretion to solicit project or task specific proposals from
one firm or from multiple firms under a fixed term contract. In such instances, each
solicitation shall be issued on a "best value" basis where qualifications and price
are considered. Each solicitation shall include at minimum a description of work to
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be performed and the criteria to be used to evaluate each proposal. For all "best
value" based solicitations, price shall not exceed 50 percent of the total evaluation
criteria.
The Director shall be authorized to approve all work orders where the maximum
initial dollar amount does not exceed two hundred thousand dollars ($200,000) and
where the maximum initial contract amount does not exceed seven hundred fifty
thousand dollars ($750,000). Any work order and/or contract that exceeds that
amount subsequent to award and prior to completion of the work shall be subject to
the provisions of Section XV.0 of this resolution. Projects shall not be sub-divided
to circumvent the dollar thresholds established herein.
All fixed term agreements issued under this section shall be eligible for extension
or renewal in accordance with the provisions of Sections XV.D and E respectively.
D. For all service procurements in excess of the formal competitive threshold under
the Competitive Selection and Negotiation method, authority to announce and
distribute Requests for Proposals or Letters of Interest and Qualifications and to
appoint and empower a selection committee shall be pursuant to Section VIII.B.
hereof.
E. Final selection of the professional service provider (award of contract) shall be
made by the Board of County Commissioners.
F. Purchases for all professional services estimated to be equal to or less than the
formal competitive threshold may be approved by the Purchasing Director, as
permitted by law.
G. Requests for outside legal services will be referred to the County Manager and the
County Attorney for review and comment as to whether said services are
necessary and/or appropriate. Requests for outside legal services may be
exempted from formal competition by the Board of County Commissioners at the
request of the County Manager or County Attorney.
H. The acquisition 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 policy. Any
such acquisitions that do not exceed $50,000 may be approved by the County
Attorney and the Purchasing Department without further action. Acquisitions that
exceed $50,000 may be authorized by the County Attorney and the Purchasing
Department, but will be reported at a regular meeting of the Board for ratification.
VIII. COMPETITIVE 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 qualified offer
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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 proposals process will be utilized. The process
will be conducted in a manner similar to the sealed bid process as set forth under
Section VI 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 in a manner
consistent with the definition of said term found in Section 2 of Collier County
Ordinance No. 87-25. Notice of said request(s) shall be publicly posted by the
Purchasing Department at least 21 calendar days preceding the last day
established for the receipt of proposals.
2. Each Request for Proposals shall identify the appropriate 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 Section 287.055 F.S.
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.
For all purchases made under the Competitive Proposals method, the County
Manager may empower the selection committee to designate and rank the
proposals prior to the commencement of negotiations and to negotiate a
tentative agreement, subject to award by the Board.
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. For purchases in excess of the formal competitive threshold, final selection of the
awardee will be made by the Board of County Commissioners.
D. Purchases less than or equal to the formal competitive threshold may be
authorized by the Purchasing Director, as permitted by law and shall not require
formal solicitation or announcement unless deemed necessary by the Purchasing
Director.
IX. PROCUREMENT OF DESIGN/BUILD CONTRACTS
A. Procurements for the design and construction of public construction projects may
be obtained through a single contract with a firm selected in a manner permitted
under Section 287.055, F.S. 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 VIII hereof entitled
"Competitive Proposals".
C. Administrative procedures shall be established by the County Manager or his
designee for utilization of the design criteria professional concerning the evaluation
of the proposals submitted by the design/build firms, the supervision or the
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approval by the County of the work drawings of the project and evaluation of the
project construction with the design criteria package.
D. 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.
X. Small and Disadvantaged Minority and Women Business Enterprises
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 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 will require 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 help ensure that small businesses and DBEs, MBEs,
WBEs, and all qualified vendors, consultants, contractors and subcontractors have
an equal opportunity 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.
B. Definitions: For purposes of this policy, the term "small business" shall have the
same definition as set forth under Section 288.703.(1), F.S.
The term "DBE" shall include any "small business" as defined pursuant to Section
288.703(1) that is at least 51 percent owned or controlled by a person or persons
defined as "socially and economically disadvantaged" individuals pursuant to
Section 14-78.602(18), F.A.C.
Reference to these definitions, however, shall in no way be construed to provide
that the County has adopted or is subject to the provisions of the Statute or Code
referenced herein.
C. Implementing Measures: In an effort to implement this policy, the County may
undertake the following measures:
1. Designate the Purchasing Director to administer this policy.
2. Utilize outreach programs to identify, register and educate small businesses
and DBEs, MBEs and WBEs to participate in the procurement/contract process
including, but not limited to:
a. Attending trade fairs which include representatives from these enterprises.
b. Attending meetings and social events wherein these enterprises.
c. Utilizing publications aimed at reaching these enterprises.
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d. Utilizing directories and other reference sources that list these enterprises.
e. Publicizing this Policy to encourage these enterprises to participate in the
County's procurement process.
f. Other actions designed to identify these enterprises who seek to provide
commodities and services to the County.
3. Maintain a list of these enterprises.
4. 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.
D. 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.
XI. Procedure to Provide Preference to Local Businesses in County Contracts. Except
where otherwise provided by federal or state law or other funding source restrictions or
as otherwise set forth in the purchasing policy, purchases of commodities and services
shall give preference to local businesses in the following manner:
(1) "Local Business"defined
Local business means the vendor has a valid occupational license issued by Collier County
at least one year prior to bid or proposal submission to do business within Collier County that
authorizes the business to provide the commodities or services to be purchased, and a
physical business address located within the limits of Collier County from which the vendor
operates or performs business. Post Office Boxes are not verifiable and shall not by 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, the 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) Preference in purchase of commodities and services by means of competitive bid, request for
proposals, qualifications or other submittals and competitive negotiation and selection. Under
any such applicable solicitation, bidders/proposers desiring to receive local preference will be
invited and required to affirmatively state and provide documentation as set forth in the
solicitation in support of their status as a local business. Any bidder/proposer who fails to
submit sufficient documentation with their bid/proposal offer shall not be granted local
preference consideration for the purposes of that specific contract award. Except where
federal or state law, or any other funding source, mandates to the contrary, Collier County
and its agencies and instrumentalities, will give preference to local businesses in the
following manner:
(a) 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 and responsive, non-local business submits the lowest
price bid, and the bid submitted by one or more qualified and responsive local
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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) offered by
the overall lowest, qualified 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
and responsive bidders. Next, the Purchasing Department shall determine if the
lowest local bidder meets the requirements of Section 287.087, F.S. If the lowest
local bidder meets the requirements of 287.087, F.S., the Purchasing Department
shall invite the lowest local bidder to submit a matching offer to the Purchasing
Department which shall be submitted to the Purchasing Department within five (5)
business days thereafter. If the lowest local bidder submits an offer that fully matches
the lowest bid 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 and responsive bidder. If the lowest local bidder does not meet the
requirement of Section 287.087, F.S. and the lowest non-local bidder does, award
will be made to the bidder that meets the requirements of the reference state law.
(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 VI) or Competitive Selection and Negotiation
(Section VIII) methods not otherwise exempt from this local preference section, the
RFP solicitation shall include a weighted criterion for local preference that equals 10
percent of the total points in the evaluation criteria published in the solicitation.
Purchases of professional services as defined and identified under subsection VII.B.2
(which are subject to Section 287.055, F.S.) and subsection VII.B.3 (which are
subject to Section 11.45, F.S.) shall not be subject to this local preference section.
(3) Waiver of the application of local preference. The application of Local Preference to a
particular purchase or contract for which the Board of County Commissioners is the
awarding authority may be waived upon approval of the Board of County Commissioners.
(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) Reciprocity. In the event Lee County, or any other Florida county or municipality ("local
government") deemed appropriate by the Collier County Board of Commissioners, extends
preferences to local businesses, Collier County may enter into an interlocal agreement with
such local government wherein the preferences of this section may be extended and made
available to vendors that have a valid occupational license issued by that specific local
government to do business in that local government that authorizes the vendor to provide
the commodities and services to be purchased, and a physical business address located
within the limits of that local government. Post Office Boxes are not verifiable and shall not
be used for the purpose of establishing said physical address. In addition to the foregoing,
a vendor shall not be considered a "local business" unless it contributes to the economic
development and well-being of the said local government whichever is applicable, in a
verifiable and measurable way. This may include, but not be limited to, the retention and
expansion of employment opportunities, the support and increase to that local
government's tax base, and residency of employees and principals of the business located
within the limits of that local government. Vendors shall affirm in writing their compliance
with the foregoing at the time of submitting their bid or proposal to be eligible for
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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) Purview and administration of this policy. This policy shall apply to all departments and
units under the direct purview of the Board of County Commissioners. The Purchasing
Department shall be responsible for developing, implementing and maintaining
administrative procedures in support of this policy.
(7) Subsequent Review and Sunset Provision. Pursuant to the adopting resolution, this local
preference section is being added to the purchasing policy in support of the local economy
during difficult economic times in Collier County. On or about one year of the effective date,
the Purchasing Department will provide the Board with an update of the results and impacts
to date of this local preference policy. Within two years of the effective date, the Board shall
receive a similar report from the Purchasing Department and shall determine whether to
continue or modify this policy. Should the Board not elect to continue the local preference
policy, it will expire at that time.
XII. PAYMENT OF INVOICES
A. It is the intent of the Board of County Commissioners that all agencies under its
purview be in compliance with Section 218.70 F.S., otherwise known as the "Local
Government Prompt Payment Act". Pursuant to this, the requirements of this
section shall apply to the following transactions:
1. The purchase of commodities and services;
2. The purchase or lease of personal property;
3. The lease of real property.
B. The Purchasing Director shall have the authority to establish and maintain a
procedure that authorizes 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.
C. Additionally, the Purchasing Director shall be permitted to establish and maintain a
procedure that authorizes the payment of freight and delivery charges that are not
specifically identified on the purchase order.
D. It shall be the responsibility of the Purchasing Director, in consultation with the
Finance Director and using agencies, to establish, distribute and administer
procedures for the timely payment of all transactions as defined under XII.A hereof.
Such procedures shall include, but not be limited to the following:
1. Formally defining the County's requirements for the content and submission of
a proper invoice, codifying the County's payment requirements and formally
notifying each vendor of their availability.
2. Steps required for the receipt of all invoices and the prompt return of improper
invoices.
3. Steps required for the resolution of payment disputes between the County and
a vendor.
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E. Each December, the Finance Director and the Purchasing Director shall submit a
joint report to the Board listing the number and total dollar amount of interest
penalty payments made during the preceding fiscal year.
XIII. PAYMENT OF DUES FOR MEMBERSHIP IN PROFESSIONAL ORGANIZATIONS
County funds may be used to pay for dues for membership in a professional or other
organization provided that such expenditure meets the following criteria:
1. Such membership is deemed necessary to meet duties and responsibilities
required by Federal, State or local mandate or to facilitate proper professional
development.
2. The organization of membership is of a non-profit nature.
3. Sufficient funds are available within the proper appropriation unit/summary code.
XIV. STANDARDIZATION, COOPERATIVE PURCHASING AND GOVERNMENTAL
CONTRACTS
A. Where standardization is determined to be desirable by the Director, the purchase
of commodities may be made by negotiation with the approval of the Board of
County Commissioners if more than the competitive bid limit or by the County
Purchasing/General Services Director if less than or equal to the competitive bid or
negotiation threshold.
B. The Director shall have the authority to approve purchases under State of Florida
and Federal GSA cooperative contracts. The Director shall also be authorized to
join with other units of government in cooperative purchasing ventures prior or
subsequent to award when in the best interests of the County. If funds have
already been budgeted, no further Board action will be required. In authorizing all
such purchases under pre-existing agreements, the Director shall have determined
that the term and conditions of the purchase are competitive in the market and
favorable to the County.
XV. CONTRACT ADMINISTRATION
A. 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:
1. A listing of the scope of services to be performed or commodities to be
purchased.
2. A provision specifying the criteria and the final date by which such criteria must
be met for completion of the contract.
3. A provision specifying the terms of cancellation by the County and where
applicable, a provision specifying the terms of renewal.
4. 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.
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5. Where applicable, pursuant to Section 287.133 F.S., 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. The Purchasing Director shall have the discretion to determine
the circumstances under which a purchase order (and all documents included by
reference)shall serve as the contract document.
B. Contract Manager: Every procurement of services shall be administered by the
using agency(requesting department).
C. Contract Changes: Notices issued under a purchase or contract may be
authorized and executed by the Purchasing/General Services Director, excepting
notices that terminate a Board-approved purchase or contract in its entirety.
Modifications to a Board approved purchase or contract, including but not limited to
change orders, supplemental agreements, amendments and changes by letter may
be authorized and executed by the Purchasing/General Services Director provided
that the change (or the sum of the changes) amounts to not more than the greater
of(i) 10 percent of the current Board approved amount. or(ii) $10,000.
The proviso at the end of the previous paragraph shall not be applicable to term
contracts or blanket purchase orders where the County desires to procure
commodities and/or services on an as needed basis without having to obligate
itself to a total contract amount. Rather, such purchases shall be based on fixed
unit prices or other predetermined pricing methods and shall be limited in quantity
by the amount of funds appropriated in the budget of the using agency(ies). Such
purchases shall be subject to all other provisions of this policy.
Notices that terminate an entire purchase or contract that was Board approved,
and contract modifications that increase the total contract amount beyond the limits
set forth above as applicable, shall require the approval of the Board of County
Commissioners or as otherwise provided for in this policy. The Board shall have
broad authority, within the limits of the law, to evaluate and approve any
recommended contract modification without requiring further competition. All
deductive changes pertaining to the use of direct material purchases, including
those that reduce the contract amount by more than ten percent below the current
Board approved contract amount shall be reported to the Board monthly as part of
the monthly contract changes report and shall not require prior Board approval.
D. Contract Extension: Extension(s) of a Board-approved contract for commodities or
services may be requested by the contract manager to the Purchasing/General
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 initial contract.
The Purchasing/General Services Director shall have the authority to authorize and
execute all such extensions. Any extension(s) that exceed six months
(cumulatively) shall be approved by the Board of County Commissioners.
Extensions of contracts that do not (inclusive of the extension) exceed the formal
competitive threshold may be authorized and executed by the Purchasing/General
Services Director without Board action.
E. Contract Renewal: The Purchasing/General Services Director shall have the
authority to authorize and execute renewals of contracts for commodities and/or
services subject to the following conditions:
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1. That the Contractor has performed in a satisfactory manner and that the
Director has received a request to renew from the Contract Manager verifying
the Contractor's satisfactory performance.
2. That the agreement is renewed subject to the terms and conditions set forth in
the initial contract. Costs and terms of any contemplated renewals are included
in the invitation to bid or request for proposals.
3. That the renewal is done on an annual basis, commencing at the end of the
initial contract period. Any such contracts shall not be renewed for more than 3
years unless competitively procured.
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.
F. Contract Approval: All formal, bilateral contracts for commodities and services in
excess of the formal, competitive threshold shall be authorized by the Board of
County Commissioners. Such agreements for purchases less than or equal to the
formal, competitive threshold may be authorized and executed by the Purchasing
Director, subject to the review and approval for legal sufficiency by the Office of the
County Attorney.
G. Work Orders (Not Under CCNA).: The Purchasing/General Services Director may
authorize and 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 either the Board
approved term contract for services under which the work order is generated, the
solicitation document (s) that resulted in the contract or the Executive Summary
that pertains to the contract.
Modifications to a work order may be authorized and executed by the
Purchasing/General Services Director, provided that the work order, as modified,
does not exceed $100,000 or if it does, the change (or sum of the changes) does
not exceed 10% of the current Board approved amount.
The above provisions of the Section G shall not apply to work orders, or
modifications to work orders, governed by Section VII.0 above.
H. Consent to Assignments of Contract: For all contracts which exceed the formal
competitive threshold, the Board of County Commissioners shall approve all
assignments of contracts requested by the predecessor contracting party. For
such requests for agreements below the formal competitive threshold, the
Purchasing/General Services Director shall have the authority to approve
assignments on behalf of the agency.
Authority Limitation and Delegation; Promulgation of Procedures:
The Purchasing/General Services Director may delegate to one or more other
Board employees any or all aspects of the authority vested in the
Purchasing/General Services Director to authorize and/or execute contracts or
contract-related documents pursuant to Section VII.0 above and Sections C
through G of this Article XV or otherwise under law.
All authority to authorize and execute documents that is vested pursuant to this
Article XV in the Purchasing/General Services Director or any other person shall be
subject to the limits of any applicable federal, state or other law.
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The Purchasing Department shall be responsible for establishing and maintaining
administrative procedures that set forth any delegations of authority made pursuant
to the foregoing provisions of this Section I, that set forth formal processes for each
of the instruments referenced in this Article XV, and that are in all respects subject
to the provisions of this Article XV.
These procedures shall also set forth generalized requirements for (i) such pre-
execution reviews of documents by the Office of the County Attorney and (ii) pre-
execution reviews of documents by such other departments, if any, as the
Purchasing/General Services Director determines to be appropriate and advisable.
J. Payments to Contractors, Vendors and Consultants
Prior to the execution of a formal contract subject to this policy, the Purchasing
Department shall have the discretion to 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 Section 218.735 (8), F.S., the Purchasing Director shall
establish procedures to reduce to 5% the amount of retainage withheld from each
subsequent progress payment issued to a contractor where applicable. The
Purchasing Director, or his designee, shall have the discretion to establish, in
writing, a schedule(s)to further reduce the percentage of cumulative retainage held
throughout the course of the project schedule where warranted. The discretion of
the project manager to reduce the percentage of cumulative retainage shall be
subject to the following:
1. 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)".
2. That any decision to reduce retainage shall be formally communicated in a
letter to the Contractor's appropriate representative and that the letter
affirmatively states that the Contractor has performed the contract work in a
satisfactory manner.
3. That the cumulative retainaae not be adjusted until at least 50% of the work
has been completed and payment has been issued.
4. That the Purchasing Director's letter expressly sets forth the percentage of
cumulative retainage to be held for the remaining pay requests.
The Purchasing Director's designee shall also be granted the discretion to authorize
the partial release or payment of contract retainage to the contractor prior to final
completion of all project work provided that:
1. The contractor has performed in a satisfactory manner to date.
2. 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)
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3. 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.
XVI. 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 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.
XVII. UNAUTHORIZED PURCHASES
No County officer or employee shall intentionally order, other than by purchasing card as
permitted under this policy, the purchase of any commodities or services, or make any
contract within the purview of this policy other than through the Purchasing Director. Any
purchase order or contract made contrary to the provisions hereof shall not necessarily
be approved and the County shall not be bound thereby. All purchases made within the
provisions of this Policy shall be made with a purchase order or purchasing card,
whichever is appropriate.
In the event that a purchase transaction is found to be in violation of this policy, the
Purchasing Director shall determine the facts pertaining to the transaction. In consultation
with the appropriate operating department director, the Purchasing Director shall
determine whether it is in the best interests of the County to proceed with the purchase
and if so, under what conditions. If a determination is made to proceed with the purchase,
all such transactions in excess of the formal competitive threshold (or other applicable
Board authorization thresholds set forth in this policy) shall require the approval of the
Board. All such transactions equal to or less than the formal competitive threshold may
be approved by the Purchasing Director.
A. Exceptions: This section shall not apply to the payment of premiums for insurance
policies that have been acquired through prior Board action. This section shall not
apply to nor supersede Resolution Nos. 86-30, 86-209 and 87-16.
XVIII. PROHIBITION AGAINST SUBDIVISION
No contract or purchase shall be subdivided to avoid the requirements of this Policy.
XIX. PROTEST OF BID OR PROPOSAL AWARD
The purpose of this section is to accommodate legitimate protests concerning formal
competitive invitations and recommended contract awards above the competitive bid or
proposal thresholds prior to award of contract by the Board of County Commissioners.
A. Any actual or prospective bidder or respondent to an Invitation for Bids or a
Request for Proposals, 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 Director, who shall serve as the sole recipient of any
and all notices of intent to protest and all formal protests.
B. All formal protests with respect to an Invitation for Bids or a Request for Proposals
shall be submitted to the Purchasing Director in writing not less than four hours
prior to the opening of bids or the closing time for acceptance of proposals. The
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Purchasing Director, in consultation with the contract manager (and other
appropriate County staff), shall have the authority to address all such protests
received under subsection B and to determine whether postponement of the bid
opening or proposal closing time is appropriate. The Purchasing Director's decision
shall be considered final and conclusive unless the protesting party files a
subsequent formal protest of the recommended contract award as described under
this section.
C. Any actual or prospective bidder or respondent to an invitation for bids or a
Request for Proposals who desires to formally protest a recommended contract
award shall submit a notice of intent to protest to the Purchasing Director within two
(2) calendar days, excluding weekends and County holidays, from the date of the
initial posting of the recommended award.
D. All formal protests with respect to a recommended contract award shall be
submitted in writing to the Purchasing Director for a decision. Said protests shall
be submitted within five (5) calendar days, excluding weekends and County
holidays, from the date that the notice of intent to protest is received by the
Purchasing Director.
The formal protest shall contain, but not be limited to the following information:
1. Name and address of County agency affected and the bid number and title.
2. The name and address of the protesting party.
3. A statement of disputed issues of material fact. If there are no disputed
material facts, the written letter must so indicate.
4. A concise statement of the ultimate facts alleged and of any relevant rules,
regulations, statutes, and constitutional provisions entitling the protesting
party to relief.
5. A demand for the relief to which the protesting party deems himself entitled.
6. Such other information as the protesting party deems to be material to the
issue.
E. In the event of a timely protest of contract award consistent with the requirements
of this section, the Purchasing 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. Neither the protesting party, their agents or their
representatives shall have any private contact or discussions with individual County
Commissioners or any independent hearing officer (where applicable) regarding
the protest prior to the protest being heard or reviewed by either of the
aforementioned unless requested to do so by the Purchasing Director.
F. The Purchasing Director shall review the merits of each timely protest and in
consultation with the contract manager and other appropriate County staff, issue a
decision stating the reasons for the decision and the protesting party's rights of
appeal under section XIX. Said decision shall be in writing and mailed or otherwise
furnished to the protesting party. The decision of the Purchasing Director shall be
final and conclusive unless the protesting party delivers a subsequent written
objection to the Purchasing Director within two (2) calendar days, excluding
weekends and County holidays from the date of receipt of the decision.
G. In the event of a subsequent objection pursuant to subsection F, the County
Manager shall have the discretion to appoint an independent hearing officer to
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review the facts relevant to the protest. The appointed officer will have a maximum
of 60 days to schedule and conduct a hearing into the matter and issue a finding of
fact and a opinion in writing to the County Manager for submission to the Board of
County Commissioners. Prior to commencement of the hearing, the protesting
party shall be required to post a cash surety in an amount equal to one (1) percent
of the using agency's estimate of the contract amount or one-thousand dollars
($1,000), whichever is less. Should the Hearing Officer find in favor of the County,
the protesting party shall forfeit the surety as partial payment for undue delay.
Otherwise, the surety will be returned to the protesting party.
H. In the event that the protest cannot be resolved by mutual consent, the matter will
be referred to the Board of County Commissioners for final resolution.
I. Failure to file a formal protest within the time and manner prescribed by Section
XIX shall constitute a waiver of the right to protest by any protesting party as
defined by subsection A of this section.
XX. 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 commercial commodities 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 Procurement Administrative Procedures Manual.
For any prospective or actual claims or disputes arising under any contract entered into
by the County, the Purchasing Director shall have the discretion to arbitrate or mediate
the claim or dispute or may appoint an independent third party to do so within the
authorization threshold limits of this policy.
XXI. EMERGENCY PURCHASES
A. By County Manager: In case of an emergency which requires immediate purchase
of commodities or services in excess of the formal competitive threshold, the
County Manager shall be empowered to authorize the Director to secure by open
market procedure as herein set forth, any commodities or services. The County
Manager shall have the authority to act in the case of any emergency including the
issuance of emergency change orders/supplemental agreements. Any emergency
action shall be reported at the first available regular or special meeting of the Board
of County Commissioners. The County Manager shall further be authorized to
approve payment(s) to vendors at the time of or shortly after purchase should the
circumstances warrant.
B. By Purchasing Director: In case of any emergency which requires immediate
purchase of commodities or services equal to or less than the formal competitive
threshold, the Purchasing Director shall be empowered to secure such services
and commodities by open market procedure as herein set forth. Such action shall
be reported immediately to the County Manager when appropriate.
This section in no way constrains the provisions of Collier County Ordinance No. 84-37.
XXII. INSPECTION AND TESTING
The 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.
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A. Inspection by Using Agency: The Director shall have the authority to authorize
using agencies having the staff and facilities for adequate inspection to inspect all
deliveries made to such using agencies under rules and regulations which the
Director shall prescribe.
B. Testing: The 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 Director shall have the authority to make use of
laboratory facilities of any agency of the County or of any outside laboratory.
XXIII. SURPLUS COMMODITIES AND TANGIBLE PERSONAL PROPERTY
All using agencies shall submit to the Director, at such times and in such form as shall be
prescribed, reports showing stocks of all tangible personal property which are no longer
used or which have become obsolete, worn out or scrapped.
A. Transfer: The Director shall have the authority to transfer surplus stock to other
using agencies.
B. Sale: The Director shall have authority to sell all commodities of a value less than
the limits proscribed under Chapter 274 F.S., which have become unsuitable for
County use. Sales under this section shall be made to the highest responsible bid
and in conformance with Section, 274, F.S. The Director shall be authorized to
approve all sales where the net revenue to the County does not exceed $50,000. All
sales exceeding $50,000 in net revenue to the County will be approved by the Board
prior to completing the sale or conducting the sales event.
C. Trade In: The Director shall be authorized to approve purchases that include the
"trade in" of existing items (including assets) pursuant to the purchase of new,
replacement or upgraded items/services.
D. Donation: Operating departments under the purview of the Board of County
Commissioners shall be authorized to accept items donated to the County. The
receipt of all items not considered to be assets as defined under Florida law is to be
documented by a letter from the operating department director to the donating entity.
Items considered to be assets are to be documented using the appropriate forms and
forwarded to the Fixed Assets Section of the Clerk of Courts Finance Division.
Documentation is to include, but not be limited to; the date the asset(s)was received;
the estimated fair market value of the asset(s); a description of the asset(s); a serial
number if applicable and the fund/cost center under which the asset(s) will be
assigned.
E. Disposition of Assets: The Director shall have the authority to determine whether
previously-acquired items (including assets) that are no longer useful to the agency
have commercial value and if not, to dispose of such items in an appropriate manner
with or without offering such items for sale, trade or donation to other entities. The
Fixed Assets Section of the Clerk of Courts' Finance Division will submitted a
quarterly report that identifies any assets that are disposed of under the provisions of
this subsection.
XXIV. PURCHASING CARD PROGRAM
The Director shall be responsible for the overall management and operation of the
County's purchasing card program. For the purpose of this policy, a purchasing card is a
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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 Director shall be authorized to assign cards to employees for these
purchases. The Director shall have the authority to establish the following dollar limits for
each assigned card:
A. Single Transaction Limit: Not to exceed $1,000 per card unless otherwise authorized
by the Director.
B. Monthly Spending Limit: Not to exceed $10,000 per card unless otherwise
authorized by the Director.
C. Strategic Purchases: The Director may utilize (or delegate the authority to other
Purchasing Department 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:
1. Where the purchase is to address a valid public emergency; or
2. Where the County will earn revenue through card program rebates; or
3. Where a vendor is requiring the County to order by purchasing card.
D. Sales Tax Compliance: Pursuant to Section 212.08(6), F.S., 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 refuses to grant the tax exemption when
the card is presented, the cardholder is authorized to allow the tax to be charged to
the card.
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
department director (or their designee) is responsible to ensure the tax is returned to
the County for the purchase.
E. Rebates: All purchasing cards rebates will be credited to the general fund unless
otherwise specified by the Director.
In all such instances, the 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 recorded and tracked through the Fixed Assets Section
of the Clerk of Courts Finance Division.
The language of this section is not intended to supersede the provisions of Collier County
Resolution 2006-49.
XXV. SEVERABILITY
If any one or more of the provisions of this Policy should be held contrary to any provision
of law or contrary to express law, though not expressly prohibited, or against public
policy, or shall for any reason whatsoever be held invalid, then such provision(s) shall be
null and void and shall be deemed severable from the remaining provisions of this Policy
and in no way shall affect the validity of all other provisions of this Policy.
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XXVI. REPEAL PRIOR AND CONFLICTING
All resolutions and policies or parts of resolutions and policies, in conflict herewith, are
hereby repealed.
XXVII. EFFECTIVE DATE
An official copy of this Policy shall be filed in the office of the Clerk to the Board of County
Commissioners immediately after enactment and this Policy shall take effect at that time.
XXVIII. CONFLICT OF INTEREST
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 and federal laws concerning conflict of interest. For state or federal Community
Development Block Grant-funded projects, entities and employees shall comply with the
requirements of Part 85, Section 36(b)(3)of the Housing and Urban Development Code.
XXIX. DEBARMENT AND SUSPENSION
The Board shall grant authority to County staff to suspend and/or debar vendors,
contractors, consultants and other interested and affected persons from active
participation in obtaining County contracts. The purpose of any such action shall be to
protect the County's interests and the integrity of the County's contracting process. The
suspension and debarment processes shall be considered to be separate from and in
addition to the award evaluation and vendor performance evaluation processes
authorized elsewhere in this policy.
A. Definition of Terms: For the purposes of this section, the following terms have been
defined as follows:
1. 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.
2. Civil Judgment refers to a judgment or finding of a civil offense by any court of
competent jurisdiction.
3. Contractor means any individual or legal entity that:
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 of for procurement of
commodities and services, including professional services; or
b. Conducts business, or reasonably may be expected to conduct business,
with the County as an agent, surety, representative or subcontractor of
another contractor.
c. For the purposes of this section, the terms "vendor" and "consultant" shall
have the same meaning as "contractor" and the term "sub consultant" shall
have the same meaning as the term "subcontractor".
4. 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 no to
contendere.
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5. 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.
6. 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.
7. 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.
8. Suspension refers to action taken by the Purchasing/General Services Director
(hereinafter referred to as "the PGS Director") to temporarily disqualify a
contractor from County contracting or County-approved subcontracting.
B. Suspension: The Purchasing/General Services Director shall have the authority to
suspend a contractor, subcontractor or person from consideration for award of
contracts if there appears to be a reasonable basis for debarment as set forth
under Section XXIX. If a suspension precedes a debarment, the suspension
period shall be considered in determining the debarment period. The suspension
period shall not exceed three months without the approval of the County Manager.
A decision to suspend by the Purchasing/General Services Director shall be
considered final and conclusive with no right of appeal.
C. Debarment:
1. Causes for Debarment: The prospective causes for debarment include one or
more of the following:
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.
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.
c. Conviction under state or federal antitrust laws arising out of the
submission of bids, proposals or other competitive offers.
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).
e. Refusal to provide bonds, insurance or other required coverages and
certifications thereof within a reasonable time period.
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.
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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 years under the
provisions of this section.
h. Violation of the ethical standards set forth under applicable state or county
laws.
i. Debarment of the contractor by another public agency.
j. Any other cause deemed to be so serious and compelling as to materially
affect the qualifications or integrity of the contractor.
2. Debarment Procedure:
a. The county department requesting the debarment action shall submit to the
PGS Director a written complaint setting forth the reason(s) for seeking
debarment and shall identify a recommended debarment period.
b. The PGS Director shall review the complaint, verify whether it is compliant
with the provision of this policy, direct any appropriate changes and
forward the complaint to the contractor.
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 PGS Director within 10 (ten) business
days of receipt of the allegations submittal. 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
debarment decision without further appeal.
d. In the event that the contractor files a timely and complete response to the
complaint and the debarment action is based upon a conviction, judgment
or other event(s) where there is no significant dispute over material facts,
the PGS Director shall determine the period of 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 PGS Director's decision, the
Contractor shall have a maximum of three business days to file an appeal
of the debarment decision with the PGS Director. The appeal will be
forwarded to and considered by the County Manager (or his designee),
who will review the debarment record compiled by the initiating department
and the contractor. Should the County Manager overturn the PGS
Director's decision; the County Manager shall formally cite the reasons for
doing so.
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 Department
will convene a debarment 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 or his designee
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
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indirect competitor of the firm in question. The Office of the County
Attorney shall appoint a representative to attend the hearing. 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 PGS Director, or his designee, 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.
f. The PGS Director, or his designee, shall chair the committee and serve as
the Purchasing Department's representative to the committee. The
Purchasing representative 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 in the debarment process. All voting committee
members are prohibited from having any communication regarding the
debarment issue outside the committee deliberations with any of the
parties involved in the specific 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 Section 286.011 F.S.
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
debarment hearing, the contractor shall be presumed to be unqualified and
or non-responsive and shall be subject to 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 debarment, the debarment decision will
formally include, but not be strictly limited to the following information:
1) The specific reasons for the debarment;
2) The scope of the debarment; and
3) The period of 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.
h. The PGS 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 business days to
file an appeal of the debarment decision with the PGS Director. The
appeal will be forwarded to and considered by the County Manager (or his
designee), who will review the debarment 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.
3. Debarment Period:
a. At its sole discretion, the committee shall determine the period of
debarment. The debarment period shall be commensurate with the
severity of the cause(s) and in no event shall be the debarment period
exceed five years without the approval of the Board.
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b. At its sole discretion, the committee (having the same or different
composition) may reduce the debarment period upon a written
request from the contractor to do so, based on one or more of the
following reasons:
1. Newly discovered material evidence;
2. A reversal of the conviction, civil judgment or other action upon
which the debarment was based;
3. Bona fide change in ownership or management;
4. Elimination of other causes for which the debarment was imposed;
or
5. Other reasons that the committee might deem appropriate.
The contractor's request shall be submitted to the PGS Director in
writing and shall be based on one or more of the aforementioned
reasons.
c. The decision of the committee regarding a reduction of the debarment
period is final and not subject to appeal.
4. The Effects of Debarment:
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 or his designee 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.
b. The Purchasing Department shall notify all Board departments of the
final debarment decision and the effects of that decision with regard to
conducting business with the debarred entity(ies) during the
debarment period.
5. Continuation of Current Contracts:
a. Departments may not renew or otherwise extend the duration of
current contracts with debarred contractors in place at the time of the
debarment unless the PGS Director or his designee 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
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 PGS Director.
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6. Restrictions on Subcontracting:
a. 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 or his designee determines that emergency or single source
conditions exist, thus justifying such consent and approves such
decision.
b. 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.
7. The Scope of Debarment: Debarment applies to all officers, principals,
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.
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