Agenda 09/11/2012 Item #11G Proposed Agenda Changes
Board of County Commissioners Meeting
September 11,2012
Withdraw Item 11G:Recommendation for direction
and approval to advertise an ordinance superseding
Ordinance 87-25, as amended by Ordinance 2000-54,
revising and establishing the Collier County
Purchasing Policy; providing for duties and authority
for the County Manager or designee; providing for the
Administrative Purchasing Procedures; providing for
Conflict and Severability and Effective Date. (Staff s
request)
Move Item 16A17 to Item 11I: Recommendation to approve a Resolution of the Board of County
Commissioners of Collier County,Florida supporting the County's applications to Florida
Department of Environmental Protection(FDEP) for Long Range Budget Plan Requests for Inlet
Management Plan and Beach Renourishment Projects for Fiscal Year 2013-2014 and authorization
of any necessary budget amendments. (Commissioner Hiller's request)
Move Item 16A23 to Item 11J: Recommendation to direct the County Manager or his designee to
submit a grant application to the Gulf Tourism and Seafood Promotional Fund to expand Collier
County's artificial reefs. (Commissioner Hiller's request)
Withdraw Item 16E5: Recommendation to provide after-the-fact approval for a Federal
Emergency Management Agency Staffing for Adequate Fire and Emergency Response(SAFER)
Grant application in the amount of$610,720 to hire four firefighters for the Isles of Capri Fire
Rescue District. (Staff's request)
Withdraw Item 16E10: Recommendation to provide after-the-fact approval of a Federal
Emergency Management Agency's Staffing for Adequate Fire and Emergency Response(SAFER)
Grant Application in the amount of$916,080 to hire six Firefighters for the Ochopee Fire Control
District. (Staff's request)
9/11/2012 Item 11.G.
EXECUTIVE SUMMARY
Recommendation for direction and approval to advertise an ordinance superseding
Ordinance 87 -25, as amended by Ordinance 2000 -54, revising and establishing the
Collier County Purchasing Policy; providing for duties and authority for the County
Manager or designee; providing for the Administrative Purchasing Procedures;
providing for Conflict and Severability and Effective Date.
OBJECTIVE: That the Board of County Commissioners consider the adoption of a purchasing
ordinance superseding previous ordinances and establish the power and duties of the County
Manager to administer all of the affairs of the procurement program as provided for in Florida
Statutes Section 125.74.
CONSIDERATIONS: On April 21, 1987, the Board of County Commissioners adopted Collier
County Ordinance No. 87 -25 (Book 103; Page 553; tem 6C8) establishing the functions of the
Purchasing Department and providing common terms, terminology for contracts, standard
definitions of professional services and creating t e mechanism for establishing a formal
purchasing policy.
On August 1, 2000, staff obtained permission from the Board of County Commissioners to
advertise an amendment to Ordinance No. 87 -25, by amending Section Two: Inclusion in the
Code of Laws and Ordinances, Section Three: Conflict and Severability, Section Four: Effective
Date, and Section Five: Conflict of Interest. This Ordinance was amended by the Board at the
September 12, 2000 Meeting (Item 17J).
Throughout the late 1990's and early to mid -200Vs Collier County underwent a significant
growth period. Streamlined policies and procedures were put in place to accommodate the
building, road and utility expansions. Entering into FY's 2007 — 2008, the County experienced a
downturn in the economy, along with declining property tax values and reductions in staff and
service to the public. At the same time, operating departments turned to additional sources of
revenue, including federal and state grants; these programs often contain strict requirements on
financial processes, including single audit review. This increased scrutiny and the length of time
since the last revision to the Board's Purchasing Policy led staff to recommend a review by an
independent legal authority.
William Cea, a legal expert in government procurement, was hired in the summer of 2011 to
examine the Board's Purchasing Policy and provide recommendations. Mr. Cea presented his
findings to the Board on December 13, 2011 (Item 10.B.); after discussion the Board
unanimously supported the following motion: "I make a motion that we accept this report by our
consultant and direct staff to return to us with a proposed ordinance that includes the
recommendations of our consultant and the Clerk's Office as to how we can improve and solve
— improve the procurement process and solve the disagreements between Collier County
Government and the Clerk's Office." The new policy incorporated Mr. Cea's feedback, and
since that time, staff held a number of meetings with the Clerk of Courts staff to discuss the
policy and create a framework to move the Purchasing Ordinance and Policy forward.
Feedback meetings were also held with the Productivity Committee and staff from the Clerk of
Courts' office. Attached to this executive summary is the Ordinance and policies which have
been reviewed by the County Attorney and the Clerk of Courts and presented to the Productivity
Committee and CBIA.
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9/11/2012 Item 11.G.
Staff recommends that the Board approve the public advertisement of this ordinance and solicit
public comments for consideration.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan.
LEGAL CONSIDERATIONS: It is the County Attorney's understanding that the primary
purpose of this item is to obtain Board direction. -JAK
RECOMMENDATION: That the Board of County Commissioners provides direction and
approval to the County Manager to publicly advertise an ordinance superseding Ordinance 87-
25, as amended by Ordinance 2000 -54 and to develop, install, and maintain centralized
purchasing procedures to be known as the Administrative Purchasing Procedures in a manner
substantially similar to that used to maintain the County Manager's Agency personnel practices
and procedures.
PREPARED BY: Len Golden Price, Administrative Services Division Administrator
Joanne Markiewicz, Interim Purchasing /General Services Director
Attachments:
Collier County ORDINANCE NO. 87 -25
Collier County ORDINANCE NO. 2000 -054 (Amendment to ORDINANCE NO. 87 -25)
ORDINANCE NO. 2012-
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9/11/2012 Item 11.G.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.G.
Item Summary: Recommendation for direction and approval to advertise an ordinance
superseding Ordinance 87 -25, as amended by Ordinance 2000 -54, revising and establishing the
Collier County Purchasing Policy; providing for duties and authority for the County Manager or
designee; providing for the Administrative Purchasing Procedures; providing for Conflict and
Severability and Effective Date. (Len Golden Price, Administrative Services Division
Administrator)
Meeting Date: 9/11/2012
Prepared By
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
8/14/2012 11:25:47 AM
Submitted by
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Name: MarkiewiczJoanne
8/14/2012 11:25:48 AM
Approved By
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 8/14/2012 11:55:29 AM
Naive: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 8/21/2012 12:14:42 PM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 8/29/2012 2:02:34 PM
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Name: KlatzkowJeff
Title: County Attorney
Date: 9/4/2012 3:00:40 PM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 9/4/2012 3:37:56 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/4/2012 4:04:34 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 9/4/2012 5:30:10 PM
Name: OchsLeo
Title: County Manager
Date: 9/4/2012 9:07:53 PM
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9/11/2012 Item 11.G.
9/11/2012 Item 11.G.
ORDINANCE NO. 2012-
AN ORDINANCE SUPERCEDING ORDINANCE 87 -25,
AS AMENDED BY ORDINANCE 2000 -54, REVISING
AND ESTABLISHING THE COLLIER COUNTY
PURCHASING POLICY; PROVIDING FOR DUTIES
AND AUTHORITY FOR THE COUNTY MANAGER OR
DESIGNEE; PROVIDING FOR THE
ADMINISTRATIVE PURCHASING PROCEDURES;
PROVIDING FOR CONFLICT AND SEVERABILITY
AND EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners (hereinafter also referred to as the "Board ") desires
to provide high quality service for the citizens of Collier County, Florida in an efficient and effective manner;
and
WHEREAS, the Board of County Commissioners desires to obtain goods and services in the most
efficient and cost effective manner; and
WHEREAS, the Board of County Commissioners hereby seeks to establish a framework for creation of
purchasing policies that will ensure competitive, best value procurements as well as maintain compliance with
all federal and state laws, statutes, rules and regulations;
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA THAT:
SECTION 1. TITLE
This Ordinance shall be known as the "Collier County Purchasing Ordinance."
SECTION 2. FINDINGS
The Board of County Commissioners hereby finds that the efficient administration of county
government and, specifically, matters of procurement, requires the passage of this Ordinance. The
Board further finds that it is in the public interest to separate the functions of the establishment of
purchasing policies and the administration of said policies between the Board and the County Manager,
respectively. This approach is hereby found to promote the Board's legitimate policymaking function
while at the same time avoiding excessive bureaucratic review by allowing the County's professional
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9/11/2012 Item 11.G.
administrator and staff to manage the purchasing process through appropriate rules, practices, and
procedures.
SECTION 3. AUTHORITY, PURPOSE, AND PURCHASING POLICY GOALS
A. Authority.
This Ordinance is enacted pursuant to the power to carry out county government granted to the Board of
County Commissioners and the County Manager by Chapter 125, Florida Statutes.
B. Purpose.
It is the purpose of this Ordinance to establish that it is exclusively the Board of County Commissioners
that has the authority to establish purchasing policies. It shall be the exclusive authority of the County
Manager and/or designee to implement the Board's policies and to create necessary rules, practices, and
procedures for the administration of the Board's policies. Guidelines, practices, and procedures shall be
formalized into a single document to be known as the Collier County Administrative Purchasing
Procedures Manual.
C. Policy Goals.
Collier County purchasing policies shall adhere to the following goals:
1. In order to effectively carry out the efficient day to day operations of the County there shall be
thresholds set under which the County Manager shall be authorized to act without further Board
approval.
2. Collier County is cormnitted to providing equal opportunities to all business enterprises including
small businesses, disadvantaged business enterprises, minority owned business enterprises, and
women owned enterprises.
3. Except where otherwise provided by federal or state law or other funding source restrictions,
preference shall be given to local businesses.
4. A procedure shall be established for any actual or prospective bidder or respondent to protest the
terms, conditions and specifications contained in a solicitation or the reconnnended award of any
contract.
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9/11/2012 Item 11.G.
5. All agencies under the purview of the Board shall be in compliance with Section 218.70 Florida
Statutes et seq. otherwise known as the "Local Government Prompt Payment Act."
SECTION 4. SCOPE AND APPLICATION
This Ordinance shall apply to all purchases of goods and services using funding sources under the
control of the Board of County Commissioners.
SECTION 5. PURCHASING POLICY CREATION AND ADMINISTRATION
A. The Board of County Commissioners shall have the exclusive authority to approve the purchasing
policies by majority vote of the Board. The majority vote of the Board shall also be required to
amend or otherwise change purchasing policies. The purchasing policies contained in Exhibit "A"
attached hereto and referenced in the Collier County Administrative Purchasing Procedures Manual
are hereby ratified and approved.
B. The County Manager and/or designee shall have the exclusive authority for implementing Board
purchasing policies by creating and setting purchasing rules, practices, and procedures for
administration of the Board's policies. Said rules, practices, and procedures shall be compiled,
along with the Board's policies, in the Collier County Administrative Purchasing Procedures
Manual. All rules, practices, procedures, and administration shall conform to the purchasing
policies established by the Board of County Commissioners.
SECTION 6. REPEAL PRIOR AND CONFLICTING
All resolutions and policies or parts of resolutions and policies in conflict herewith, are hereby
repealed.
SECTION 7. INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the ordinance may be renumbered or relettered
to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other
appropriate word.
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9/11/2012 Item 11.G.
SECTION 8. CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this 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 9. EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida
this day of
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9/11/2012 Item 11.G.
EXHIBIT "A"
COLLIER COUNTY PURCHASING POLICIES
1. ADMINISTRATION
It is the policy of the County to establish a Purchasing Department to develop and utilize purchasing
rules and regulations that ensure uniform understanding and application of County Purchasing policies
and procedures, identify authority and responsibility for such policies and practices while providing a
working guide for County personnel. These procedures, adopted by the County Manager or designee to
execute the policies of the Board of County Commissioners, shall be referred to as the Collier County
Administrative Purchasing Procedures Manual.
2. PURCHASING AUTHORITY
It is the policy of the County that all purchases require the underlying approval of the Board of County
Commissioners. Such approval may be achieved through one of the following methods:
A. Where budget has been approved by the Board, purchases under the formal competition
threshold may be made from the lowest priced responsive contractor, vendor, or consultant
without further Board action when at least three price quotes are solicited.
B. Ratification by the Board of County Commissioners through a reporting process for purchases
under the formal competition threshold or ordering authorization.
C. Prior approval by the Board of County Commissioners.
D. After - the -fact approval by the Board of County Commmissioners for unique situations or
procurements not meeting the criteria above.
3. PURCHASING THRESHOLDS
It is the policy of the County that for:
A. Single purchases of $3,000 or less, at least one price quote is obtained;
B. Purchases exceeding $3,000 but not greater than $50,000, an informal competition process
including solicitation of at least three (3) price quotes / proposals is developed and utilized;
C. Purchases exceeding $50,000, a formal competition process is instituted except as otherwise set
forth in this policy; and
D. Purchases issued under fixed term or continuing contract, are authorized by the County
Manager or designee for amounts not exceeding $200,000.
E. No purchase may be subdivided to avoid these thresholds.
4. OPERATIONAL AUTHORITY
It is the policy of the County to authorize the County Manager or designee to approve certain
procurement transactions subject to ratification by the Board of County Commissioners. Such
transactions include, but are not limited to:
A. Changes, additions, deletions, or other modifications to contracts or orders that do not
cumulatively exceed the purchasing thresholds set by policy or ten (10) percent of the Board
approved amount, whichever is greater.
B. Assumptions or assignments of contracts when operations would be unduly inhibited by the
time constraints of separately requiring prior approval of the Board.
C. Off - contract purchases when justified and deemed in the best interests of the County.
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9/11/2012 Item 11.G.
5. FORMAL COMPETITION
It is the policy of the County that purchases of goods and services exceeding or expected to exceed the
informal competitive threshold shall be made by means of formal competition deemed appropriate by
the County Manager or designee to include, but not be limited to, sealed competitive invitation to bid,
request for competitive proposal, or competitive selection and negotiation. The administration of
purchases over the formal competitive threshold including, but not limited to, rejection of bids /offers,
waiver of competition, award, modifications to award, termination of contract, and assignments shall be
approved by the Board of County Commissioners.
6. WAIVER OF IRREGULARITIES
It is the policy of the County to waive non - material irregularities in formal bids and proposals upon
majority vote of the Board of County Commissioners. Non - material irregularities include minor or non -
substantive lack of conformity or variation in a bid or proposal that does not affect the price or give the
bidder or proposer an unfair advantage nor undermine the necessary common standard of competition
and does not adversely affect the interests of the County.
7. CONSULTANTS COMPETITIVE NEGOTIATION ACT (CCNA) AND AUDITOR
SELECTION
It is the policy of the County to comply with the provisions of the Consultants Competitive Negotiation
Act (Section 287.055 Florida Statutes) and Auditor Selection Procedures (Section 218.391 Florida
Statutes) for the purchase of professional services under the purview of the statute.
8. WAIVER OF COMPETITION
It is the policy of the County to allow the waiver of competition for the purchase of (1) library books,
educational and/or personnel tests, similar audio visual materials, periodicals, printed library cards, and
other related library or educational materials; (2) services 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) single source purchases; (4) valid public declared or undeclared
emergencies; (5) services from experts or consultants for purposes of preparing for or defending against
imminent or pending civil litigation or administrative proceedings; (6) advertisements from various
commercial media sources; (7) proprietary equipment, services, or utility provider; (8) services from
health and medical professionals; (9) resale items to the general public where customer and brand
preferences are recognized; or (10) where it is determined to be in the best interests of the County.
9. LOCAL BUSINESS PREFERENCE
It is the policy of the County, except where otherwise provided by federal or state law or other funding
source restrictions, to give preference to local businesses for the purchase of goods and services prior to
award of the solicitation by the Board resulting from formal competition.
10. COOPERATIVE PURCHASING
It is the policy of the County to authorize the purchase of goods and services under State of Florida and
Federal GSA cooperative agreements, to join with other units of government in cooperative purchasing
ventures, and to utilize existing contracts procured by another public entity or recognized cooperative
purchasing entity using a competitive process substantially similar to that of the County.
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9/11/2012 Item 11.G.
11. CONTRACT ADMINISTRATION
It is the policy of the County to develop and utilize procedures to ensure that all purchases of goods and
services are evidenced by written documentation containing terms and conditions of the procurement;
for the distribution of work among contractors, vendors, or consultants where multiple awards are
issued; for ordering or requesting goods or services; for modifying the terms and conditions, pricing or
fee structure, delivery or service dates, scope of services, and/or the term of the agreement /award.
12. IMMIGRATION POLICY
It is the policy of the County that prospective contractors utilize the federal E- Verify system and provide
documentable proof of registration prior to award of the solicitation by the Board resulting from formal
competition. Purchases are considered exempt if any of the following criteria are met: (1) purchases
are below the formal threshold; (2) the work is performed outside of the United States; and, (3) the
procurement includes only commercially available off -the -shelf items and / or related services as
determined by the County Manager or designee.
13. PERFORMANCE, PAYMENT BONDS AND INSURANCE
It is the policy of the County to require contractors, vendors, or consultants to provide a surety bond
from a surety company, letter of credit from a financial institution operating within the State of Florida,
other alternative form of surety as permitted under Florida law to guarantee full and faithful
performance of a contract obligation and the payment of labor and material expended, and/or insurance
pursuant to a contract whenever, and in such amounts as, required by statute or otherwise deemed
necessary by the County Manager or designee.
14. UNAUTHORIZED PURCHASES
It is the policy of the County that any purchase order or contract made by a County officer or employee
outside the provisions of the County's purchasing policies and the provisions thereof shall not
necessarily be approved and the County shall not be bound thereby, however, if after examining the
facts of the transaction, the County Manager or designee deems a purchase made in violation of the
County's policies to be in the best interest of the County, said purchase may be approved after - the -fact
by Board of County Commissioners.
15. PROTEST OF SOLICITATION OR AWARD
It is the policy of the County to provide a fonnal process by which an actual or potential bidder or
respondent may file a legitimate protest of the terms, conditions, specifications, or evaluation criteria of
any solicitation for goods or services or the recommended award of any contract during the filing period
and instructions for which will be included in each solicitation. As a condition of filing a Board of
County Commissioners formal protest of a recommendation to award, the protesting party shall submit a
non - refundable filing fee to defray the cost of administering the protest as follows:
Estimated Contract Amount
Filing Fee
$250,000 or less
$500
Over $250,000 up to $500,000
$1,000
Over $500,000 up to $5,000,000
$3,000
Over $5,000,000
$5,000
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9/11/2012 Item 11.G.
16. EMERGENCY PURCHASES
It is the policy of the County in the case of a valid public declared or undeclared emergency to empower
the County Manager or designee to secure goods and services by open market procedure. All such
purchases shall be ratified by the Board of County Commissioners through a reporting process.
17. PURCHASING CARD PROGRAM
It is the policy of the County to establish a purchasing card program to enable staff to make certain
small purchases quickly and easily for use during valid public emergency situations, when a contractor,
vendor, or consultant requires the use of a credit card as the only available payment method, and as a
source of revenue to the County through credit card rebate programs. The County Manager or designee
will establish single purchase and monthly spending limits that meet the needs of the County in
accordance with approved Purchasing Policies. Purchases made in accordance with this policy will be
ratified by the Board of County Commissioners through a reporting process.
18. DEBARMENT AND SUSPENSION
It is the policy of the Board to establish a process and procedures to suspend and /or debar vendors,
contractors, consultants, and other interested and affected persons from active participation in obtaining
County contracts when such action protects the County's interests and the integrity of the County's
procurement process.
19. CONFLICT OF INTEREST
It is the policy of the County that no officer or employee of the County shall contract with or have any
business dealings with the County whereby they may derive income or benefits other than those
provided as remuneration from the County for their employment. 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.
However, no officer or employee of the County shall be prohibited from purchasing, at public auction
authorized by law or pursuant to procedures outlined in Section 274.06 Florida Statutes, Surplus
Property Alternative Procedures, used goods or materials from the County on the same basis as are all
other members of the public. Further, the County may purchase from any employee or officer any real
or personal property owned by such officer or employee that is determined to be needed for County
business, provided that the consideration paid for such property does not exceed its fair market value.
20. COMPLIANCE WITH LAWS AND FUNDING SOURCE REQUIREMENTS
It is the policy of the County when procuring goods or services using County funds, that each entity and
employee under the purview of the Board of County Commissioners shall comply with all applicable
state and federal laws and for grant funded projects, entities and employees shall comply with all
requirements related to the acceptance of such funding.
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9/11/20'
ORDINANCE NO. 87 —25
AN ORDINANCE ESTABLISHING THE COLLIER
COUNTY PURCHASING DEPARTMENT; PROVIDING `
DEFINITIONS; PROVIDING FOR DUTIES AND "
AUTHORITY OF THE PURCHASING DIRECTOR;
PROVIDING FOR CONFLICT OF INTEREST;
PROVIDING A PROCEDURE FOR THE ADOPTION
OF A PURCHASING POLICY; PROVIDING FOR
CHANGES AND AMENDMENTS TO PURCHASING
POLICY; PROVIDING FOR SEVERABILITY AND y
EFFECTIVE DATE.
:NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, THAT:
• h'
Section 1. Establishment of the Collier County Purchasing Department.
There is hereby established the Collier County Purchasing Department
in the administrative service of Collier County.
Section 2. Definitions.
For the purpose of this Ordinance, the following terms, phrases, words and
their derivations glall have the meaning given herein. When not inconsistent
with the content, wdrds used in the present tense include the future, words in
the plural number include the singular number, and words in the singular
number include the plural. The word "shall" is always mandatory and not
merely directory.
A. "Artist" shall mean an individual or group of individuals who profess
and practice a demonstrated creative talent and skill in the area of music,
dance, drama, folk art, creative writing, painting, sculpture, photography,
graphic arts, craft arts, industrial design, costume design, fashion design,
motion pictures, television, radio, or tape and sound recording or in any
other related field.
B. "Board of County Commissioners" is the Board of County Commissioners
of Collier County.
C. "Commodity" means any of the various supplies, materials, goods,
merchandise, printing, equipment, and other personal property purchased,
leased, or otherwise contracted for by the county and its agencies.
"Commodity" also includes interest on deferred payment commodity contracts
entered into by the county for the purchase of other commodities. However,
commodities purchased for resale are excluded
_1_ am C26w! 3910V
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from this definition. Any contract providing for the acquisition of both
services and commodities shall be deemed to be a contract for the acquisition
or purchase of commodities.
D. (a) "Contractual services" means the rendering by a contractor of its
time and effort rather than the furnishing of specific commodities. The term
applies only to those services rendered by individuals and firms who are
independent contractors, and such services may include, but are not limited
to, evaluations; consultations; maintenance; accounting; security; management
systems; management consulting; educational training programs; research and
development studies or ,reports on the findings of consultants engaged
thereunder; and professional, technical, and social services.
4• 1
(b) "Contractual ybrvice" does not include:
E.
F.
designee.
1. Artistic services.
2. Academic program reviews or lectures by individuals.
3. Health services involving examination, diagnosis, treatment,
prevention, medical consultation, or administration.
4. The acquisition of services from other governmental agencies
and the performance of services in— house, other than those
performed by an employee in an authorized position, wherein the
rate of pay for the performances of such services does not
exceed the rate of pay for an equivalent authorized position.
"County" is Collier County, Florida.
"County Manager" is the County Manager of Collier County, or his
G. "Extension" means an increase in the time allowed for the contract
period due to circumstances which, without fault of either party, make
performance impracticable or impossible, or which prevent a new contract from
being executed. Any increase in the total dollar amount of the contract for
which an extension is granted shall be based on the method and rate previously
established in the contract.
H. "Invitation to bid" means a written 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
600K, G26 PA 3.91
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conditions for bidding and shall be distributed to all prospective bidders
simultaneously. The invitation to bid is used when the county is capable of
specifically defining the scope of work for which a contractual service is
required or when the county is capable of establishing precise specifications
defining the actual commodity or group of commodities required.
I. "Minority -owned firm or company" means any legal entity, other than
a joint venture, which is organized to engage in commercial transactions and
which is at least 51- percent owned and controlled by minority persons. The
term "minority person" means a member of a socially or economically
disadvantaged group which, for;•the purposes of this section, includes Blacks
not of Hispanic origin, Hispanics, American Indians, Alaska Natives, Pacific
S.
Islanders, women, and physically or mentally disabled persons. As used in
this section, the term "physically or mentally disabled person" means a person
who has a physical, mental, or emotional impairment, defect, disease, ailment,
or disability of a, permanent nature which in any way limits the type of
employment for whic the person would otherwise be qualified.
J. "Officer" shall refer to any duly elected official of the county.
K. "Professional Services" is 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 survey services (as per 287.055 F.S.).
3. Audit and Accounting Services - auditors and accountants.
4. Consultants - planning, management, 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.
Professional Services obtained by or paid for by the county for the
benefit of indigent clients shall be considered grants and not professional
services.
L. "Purchasing Director" or "Director" is the Furchasing Director of
Collier County.
0
-3- 100K e' 2" PIi,1 39'
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H. "Qualified bidder" or "qualified offeror" means a person who has the
capability in all respects to perform fully the contract requirement and has
the integrity and reliability which will assure good faith performance.
N. "Renewal" means contracting with the same contractor for an
additional contract period after the initial contract period, only if pursuant
to contract terms specifically providing for such renewal.
0. "Request for proposals" means a written solicitation for sealed
proposals with the title, date, and hour of the public opening designated.
The request for proposals is used when the county is incapable of specifically
defining the scope of work for'.,which the commodity, group of commodities, or
contractual service is required and when the agency is requesting that a
qualified offeror propose'a commodity, group of commodities, or contractual
service to meet the specifications of the solicitation document. A request for
proposals includes, but is not limited to, general information, applicable
laws and rules, functional or general specifications, statement of work,
proposal instructions, and evaluation criteria.
P. "Responsive bidder" or "responsive offeror" means a person who has
submitted a bid which conforms in all material respects to the invitation to
bid or request for proposals.
Q. "Using Agency" is any department, division, agency, commission,
Board, committee, authority or other unit under the direct or indirect control
of the Board of County Commissioners using commodities or procuring services
as provided for in this Ordinance.
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) to be covered by the
provisions of this Ordinance. However, the services of the Collier County
Purchasing Department and Purchasing Director may be made available for their
use.
Section 3. Duties and Authority of The Purchasing Director.
The Director shall have the authority to negotiate all purchases for all
using agencies except as required by State, Federal or Local Law.
Section 4. Conflict of Interest
No officer of the County shall contract with or have any business
dealings with the County whereby they may derive income or benefits other than
r —4-
tw 026r,-,! 393
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9/11/2012 Item 11.G.
those provided as remuneration from the County for their employment. However,
no officer or employee of the County shall be prohibited from purchasing, at
public auction authorized by law, used goods or materials from the County on
the same basis as are all other members of the public. Further, the County
may purchase from any employee or officer any real or personal property owned
by such officer or employee which it is determined to be needed for County
business, provided that the consideration paid for such property does not
exceed its fair market value.
Section 5. Adoption of Purchasing Policy.
The Board of County Commissioners shall adopt by Resolution the Purchas-
ing Policy of Collier County. Said adopted policy shall have the full force
k,
and effect of law and shall be binding upon all County employees. The Board
of County Commissioners may amend said Purchasing Policy by Resolution ap-
proved by the Board of County Commissioners at regularly advertised Commission
Meetings.
Section 6. Se�herability.
In the event this Ordinance conflicts with any other ordinance of Collier
County or other applicable law, the more restrictive shall apply. If any
phase or portion of this 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 7. Effective Date.
This Ordinance shall become effective upon receipt of notice from the
Secretary of State that this Ordinance has been filed with the Secretary of
State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
Couo Florida, thi s say of , 1987.
.ATTEST: 'l c, BOARD OF COUNTY COMMISSIONERS
JAMES'C:" LES,'CLERK COLLIER NTY, FLORIDA
MAX A. HASSE, JR. Chairman
Approved as to form and This ordinance filed with the
Legal sufficiency: Se t f C. t ' Offi
Kenneth C. Cuyler ,
Colli County At rt'� ney
600K 026,x', 394
cre ary o a e s ce
aZY44 day of
and ocknowle ement of that
fllln received t day
of ,
f3 7 1 F o.w q cwt LA
-5-
Wei Packet Page -1586-
9/11/2012 Item 11.G.
STATE OF FLORIDA )
COUNTY OF COLLIER )
Y'
I, JAMES C. GILES, Clerl; of Courts in and for the Twentieth
Judicial Circuit)..Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE 87 -25
which was adopted by the Board of County Commissioners on the 21st
day of April, 1#7 during Regular Session.
r•
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 21st day of April,
1987,
JAMES C. GILES
Clerk of Courts atttl "Ol�rl:
Er,- officio to',8;ia�3 %:�5,''•.,,
Count Commiss'iotiers' !-
By: irMagri ., ..
Deputy'Cler1:
100K 020.; N1.1 395
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9/11/2012 Item 11.G.
ORDINANCE NO. 2000.—U R t'
w
AN ORDINANCE, AMENDING COLLIER COUNT Ft ` O1
ORDINANCE NO. 87 -25, BY REVISING SECTION FIVE b
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND �� rod
ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 87 -25,
establishing the Collier County Purchasing Department and providing definitions, providing for duties
and authority of the Purchasing Director, providing for conflict of interest, providing for procedure for
the adoption of a purchasing policy, and providing for changes and amendments to Purchasing Policy,
and
WHEREAS, on August 1, 2000 staff obtained permission from the Board of County
Commissioners to amend Ordinance No. 87 -25, by amending Section Five thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION FIVE OF COLLIER COUNTY ORDINANCE NO. 87-
25.
SECTION FIVE of Collier County Ordinance No. 87 -25 is hereby amended as follo�,
SECTION FIVE – CONFLICT OF INTEREST. -- F.-I
No officer of the County shall contract with or have any business dealings witli; the CRnty,
Ti -�•
whereby they may derive income or benefits other than those provided as remunerap':frouithe
County for their employment. However, no officer or employee of the Cou §jpnshaph be
prohibited from purchasing, at public auction authorized by law or pursuant to procedures
outlined in Section 274.06 Florida Statutes, Surplus Property Alternative Procedures, used goods
or materials from the County on the same basis as are all other members of the public. Sale of
surolus goods or materials as outlined above shall be subiect to the approval of the Board of
County Commissioners prior to implementation. Further, the County may purchase from any
employee or officer any real or personal property owned by such officer or employee which it is
determined to be needed for County business, provided that the consideration paid for such
property does not exceed its fair market value.
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered
to accomplish such, and the word 'ordinance" may be changed to "section," "article," or any other
appropriate word.
Words underlined are added; Words StRiek ThMugh are deleted.
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9/11/2012 Item 11.G.
SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid
or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the validity of the remaining portion.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this,,�,y of ..4w '2000.
DWIGHT'$. BROCK; Clerk
BY:
.Attest';a ,A Chairman's
$196atu ,a iDnlr.
ApproveTas to form and legal sufficiency:
Robert N. chary
Assistant County Attorney
H:RobUOrdinances- Amendment for Surplus Property
BOARD OF C ISSIONERS
OF COLL COUNTY, FLORIDA
BY:
TDkpTfiY J. CO ANTIN , Chairman
This ordinance fil -d with the
Secretory of S te's Office the
day of , wed
and acknowledgement of that
filJ ng ecerved this day
of 2992
E ,.
Dw.Ay Clot
Words underlined are added: Words Strueli t=hrough are deleted.
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9/11/2012 Item 11.G.
STATE OF FLORIDA)-.
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2000 -54
Which was adopted by the Board of County Commissioners on
the 12th day of September, 2000, during Regular Session.
WITNESS my hand and the official seal of the Board o
County Commissioners of Collier County, Florida, this 14tR:;4ay2-;
rte►
of September, 2000. -`�
N �
Q
DWIGHT E. BROCK
Clerk of Courts and .0 erk
Ex- officio to Board q '
County Commissioners';,:.
iy
By: Ellie Hoffman,
Deputy Clerk
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9/11/2012 Item 11.G.
1.
ADMINISTRATION ........................................................................................... ..............................2
2.
PURCHASING AUTHORITY .................................................................................. ..............................3
3.
PURCHASING THRESHOLDS ............................................................................. ...............................
6
4.
OPERATIONAL AUTHORITY ................................................................................ ..............................8
5.
FORMAL COMPETITION ...................................................................................... .............................10
6.
WAIVER OF IRREGULARITIES .............................................::....::..................... .............................16
7.
CONSULTANTS COMPETITIVE NEGOTIATION ACT (CCNA) AND AUDITOR SELECTION
....... 17
8.
WAIVER OF COMPETITION ................................................................................. .............................18
9.
LOCAL BUSINESS PREFERENCE ...................................................................... .............................21
10.
COOPERATIVE PURCHASING ............................................................................ .............................24
11.
CONTRACT ADMINISTRATION ........................................................................... .............................25
12.
IMMIGRATION POLICY ...................................................................................... ...............................
30
13.
PERFORMANCE, PAYMENT BONDS AND INSURANCE .................................. .............................31
14.
UNAUTHORIZED PURCHASES ........................................................................... .............................32
15.
PROTEST OF SOLICITATION OR AWARD ...................................................... ...............................
33
16.
EMERGENCY PURCHASES ................................................................................ .............................37
17.
PURCHASING CARD PROGRAM ........................................................................ .............................39
18.
DEBARMENT AND SUSPENSION ....................................................................... .............................41
19.
CONFLICT OF INTEREST .................................................................................... .............................47
20.
COMPLIANCE WITH LAWS AND FUNDING SOURCE REQUIREMENTS ........ .............................48
APPENDIX 1: DEFINITION OF TERMS .................................................... ...............................
51
u
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9/11/2012 Item 11.G.
1. ADMINISTRATION
It is the policy of the County to establish a Purchasing Department to develop and utilize
purchasing rules and regulations that ensure uniform understanding and application of
County Purchasing policies and procedures, identify authority and responsibility for such
policies and practices while providing a working guide for County personnel. These
procedures, adopted by the County Manager or designee to execute the policies of the
Board of County Commissioners, shall be referred to as the Collier County Administrative
Purchasing Procedures Manual.
PROCEDURES
The Purchasing Department will develop and utilize the Collier County Administrative
Purchasing Procedures Manual and will ensure the procedures contained within are followed
and adhered to by each department to maintain compliance with Board of County
Commissioners adopted policies. To do so will require the following actions:
1:1 Maintaining these written procedures, recommending any necessary
amendments to the County Manager for approval, including any changes
necessitated by Board approved policy changes, and ensuring all staff are
properly trained to have the necessary understanding and knowledge to comply
with the procedures.
1:2 Providing access to this manual to all staff and making the manual accessible to
all stakeholders as necessary.
1:3 Developing, maintaining and making accessible all necessary forms to implement
these policies.
The administration of this policy does not apply to the payment of premiums for insurance
policies that have been acquired through prior Board action, nor supersede Resolution Nos. 86-
30, 86 -209 and 87 -16.
The County Manager or designee will provide the final interpretation of the Collier County
Administrative Purchasing Procedures Manual.
2
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9/11/2012 Item 11.G.
2. PURCHASING AUTHORITY
It is the policy of the County that all purchases require the underlying approval of the Board
of County Commissioners. Such approval may be achieved through the following methods:
A. Where budget has been approved by the Board, purchases under the formal
competition threshold may be made from the lowest priced responsive contractor,
vendor, or consultant without further Board action when at least three price quotes
are solicited.
B. Ratification by the Board of County Commissioners through a reporting process for
purchases under the formal competition threshold or ordering authorization.
C. Prior approval by the Board of County Commissioners.
D. After - the -fact approval by the Board of County Commissioners for unique situations
or procurements not meeting the criteria above.
PROCEDURES
All purchases must serve a valid public purpose and follow a specific process to be considered
Board approved (11. CONTRACT ADMINISTRATION), which may be garnered either by:
2:1 Approval in the annual budget,
2:2 Ratification by report,
2:3 Prior approval, or
2:4 After - the -fact approval.
2:1 Approval in the Annual Budget
Purchases that have specific approval in the annual budget process and are under the formal
competitive threshold (3. PURCHASING THRESHOLDS) are considered Board approved at the
time of budget adoption unless subsequent Board action or budget modification reverses or
modifies this approval. To make such purchases, the steps contained in 3. PURCHASING
THRESHOLDS should be followed. All such purchases made via purchase order or purchasing
card will be reported at the first Board meeting of each month via a ratification report prepared
by the Purchasing Director or designee.
2:2 Ratification by Report
Several types of purchases require ratification by the Board via a reporting process. These
include, but are not limited to:
a. Changes, additions, deletions, or other modifications to contracts or orders that do not
cumulatively exceed the purchasing thresholds set by policy or ten (10) percent of the
Board approved amount, whichever is greater.
b. Assumptions or assignments of contracts when operations would be unduly inhibited by
the time constraints of separately requiring prior approval of the Board.
c. Off - contract purchases up to the informal competition level when justified and deemed in
the best interests of the County.
d. Purchases made via the price quote process when three quotes are not provided by
vendors or the lowest priced vendor has not been selected.
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9/11/2012 Item 11.G.
e. Acquisition of services from experts or consultants for purposes of preparing for or
defending against imminent or pending litigation or administrative proceedings when the
acquisition is authorized by the County Attorney and the Purchasing Director or
designee.
f. Emergency purchases for valid public declared or undeclared emergency when
authorized by the County Manager or designee to secure goods and services by open
market (16. EMERGENCY PURCHASES).
g. Purchases made by purchasing card (17. PURCHASING CARD PROGRAM) in
accordance with CMA 5808.
Processes and forms specific to each situation are maintained by the Purchasing Director or
designee. For changes, additions, deletions, or other modifications to contracts or orders that
do not cumulatively exceed the purchasing thresholds set by policy or ten (10) percent of the
Board approved amount, whichever is greater, a Modification Form is required to seek approval
on the monthly ratification report to the Board (4. Operational Authority).
For all other processes requiring ratification by the Board on the monthly report, refer to the
appropriate section of these procedures.
2:3 Prior Approval
All purchases subject to formal competition, the administration of changes related to these
purchases, and waivers of competition and piggybacking over the competitive threshold require
prior approval by the Board via executive summary. Templates of executive summaries that
include all required considerations are maintained by the Purchasing Director or designee and
made available on the Purchasing Department Intranet. For further information on each method
of formal competition, see 5. FORMAL COMPETITION and Exhibit I DEFINITIONS. The
Purchasing Director or designee will review each executive summary and associated
documents and will approve each item for inclusion on the Board agenda. Operating
departments should allow up to 4 weeks for processing a Board approved change order due to
the review and approval process leading up to the agenda deadline. The following
documentation is required to accompany the executive summary:
a. Invitations to Bid (ITB's) and Requests for Quotes (RFQ's) - solicitation document,
tabulation sheet, and contract *;
b. Requests for Proposals (RFP's) the solicitation, final ranking sheet, and contract *;
c. Scope Changes (including modifications to open purchase orders associated with
expired fixed term contracts) — rationale for change, original contract* and amended
contract;
d. Waivers of Competition - completed Waiver Form and supporting documentation,
rationale, and contract* (8. WAIVER OF COMPETITION); and
e. Cooperative Purchasing - completed Cooperative Governmental / Consortium
Agreement Form, solicitation, bid tabulation or selection scoring /ranking, prices, (10.
COOPERATIVE PURCHASING) and contract *.
*A contract must be attached if identified in the solicitation or otherwise required. All
contracts must be initialed by the County Attorney and will be provided in an Adobe PDF
format by the Purchasing Department.
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9/11/2012 Item 11.G.
2:4 After the Fact Approval
All purchases above the formal competitive threshold that involve unique situations or
procurements not meeting the criteria above that do not receive prior approval of the Board
must receive after - the -fact approval. This approval will be requested by the operating
department via executive summary with all appropriate attachments included to fully disclose
the type of purchase, unique situation that prohibited prior approval and any contractual
documentation associated with the purchase. Templates of executive summaries that include
all required considerations are maintained by the Purchasing Director or designee and will be
available on the Purchasing Department Intranet. If below the formal competitive threshold,
such purchases will be ratified at the first Board meeting of each month via a reporting process.
b7
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9/11/2012 Item 11.G.
3. PURCHASING THRESHOLDS
It is the policy of the County that:
A. Single purchases of $3,000 or less, at least one price quote is obtained;
B. Purchases exceeding $3,000 but not greater than $50,000, an informal
competition process including solicitation of at least three (3) price
quotes /proposals is developed and utilized;
C. Purchases exceeding $50,000, a formal competition process is instituted except
as otherwise set forth in this policy; and
D. Purchases issued under fixed term or continuing contract, the County Manager
or designee may authorize amounts not exceeding $200,000.
E. No purchase may be subdivided to avoid these thresholds.
PROCEDURES
Thresholds have been set that determine the processes required for each purchase.
Purchasing thresholds are identified as one of the following:
3:1 Single purchases of $3,000 or less
3:2 Purchases exceeding $3,000 but not greater than $50,000
3:3 Purchases exceeding $50,000
3:4 Purchases issued under fixed term or continuing contract
3:5 Prohibition against subdividing
3:1 Single Purchases of $3,000 or Less
Purchases that do not exceed $3,000, with at least one price quote obtained, may be approved
by the Purchasing Director or designee without informal or formal competition by means of a
purchase order, purchasing card and /or formal agreement. Operating departments will seek the
best value for the purchase and will ensure all purchases are for a valid public purpose. Some
purchases, such as those made via purchasing card, may be ratified by the Board through a
reporting process (17. Purchasing Card Program).
3:2 Purchases Exceeding $3,000 But Not Greater Than $50,000
Purchases exceeding $3,000 but not greater than $50,000 require informal competition unless
competition is waived for a specific reason (8. WAIVER OF COMPETITION). The final award
will be made by the Purchasing Director or designee to the vendor with the lowest responsive
quote or the vendor with the most qualified proposal.
Operating departments, with assistance from the Purchasing Director or designee as necessary,
will develop and use a solicitation that clearly identifies the specifications for the purchase. The
Purchasing Director or designee will determine the best method for soliciting quotes or
proposals, which may be in writing, or electronically obtained through the County's online
bidding tool for open market pricing or sale, using available bidders' and supplier lists.
The operating department or the Purchasing Director or designee will issue the solicitation and
make a good faith effort to obtain at least three competitive quotes. All purchases requiring
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9/11/2012 Item 11.G.
three quotes that do not successfully receive three quotes will require justification and
authorization from the Purchasing Director or designee prior to purchase, including valid
documentation of a "no quote" response by a vendor must be provided to the Purchasing
Director or designee. Such situations may be included for ratification by the Board using a
reporting process.
The department that coordinates the quote process (Operating or Purchasing Department) will
keep a record of all quotes submitted and such records will be open to public inspection after
award has been made in accordance with Section 119, Florida Statutes. All purchases meeting
these threshold requirements that are the result of cooperative purchasing (10. COOPERATIVE
PURCHASING) must be approved in advance by the Purchasing Director or designee.
3:3 Purchases Exceeding $50.000
All purchases exceeding $50,000 require formal competition (5. FORMAL COMPETITION) and
award by the Board, unless competition is waived by the Board (8. WAIVER OF
COMPETITION).
3:4 Purchases Issued Under Fixed Term or Continuing Contract
Purchases associated with an existing fixed term or continuing contract may be made in the
form of a purchase order. This purchase order may be approved by the Purchasing Director or
designee for amounts not exceeding $200,000. Any purchase order and /or contract exceeding
that amount subsequent to award and prior to completion of the work is subject to the
requirements for contract changes as identified in 11. CONTRACT ADMINISTRATION.
3:5 Prohibition Against Subdividing
Purchasing transactions must not intentionally be subdivided or split into smaller transactions to
avoid the requirements of the Collier County Purchasing Policy. The Purchasing Director or
designee will review quarterly purchase order transaction reports to ensure that operating
departments do not subdivide or split purchases to avoid the threshold limits.
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9/11/2012 Item 11.G.
4. OPERATIONAL AUTHORITY
It is the policy of the County to authorize the County Manager or designee to approve
certain procurement transactions subject to ratification by the Board of County
Commissioners. Such transactions include, but are not limited to:
A. Changes, additions, deletions, or other modifications to contracts or orders that
do not cumulatively exceed the purchasing thresholds set by policy or ten (10)
percent of the Board approved amount, whichever is greater.
B. Assumptions or assignments of contracts when operations would be unduly
inhibited by the time constraints of separately requiring prior approval of the
Board.
C. Off - contract purchases when justified and deemed in the best interests of the
County.
PROCEDURES
While it is the policy of the County that all purchases require the underlying approval of the
Board of County Commissioners, certain procurement transactions are authorized by the
County Manager or designee subject to ratification by the Board via a reporting process. These
transactions include:
4:1 Changes, additions, deletions, or other modifications to contracts or orders;
4:2 Assumptions or assignments of contracts;
4:3 Off - contract purchases;
4:4 Acquisition of services from experts or consultants for purposes of preparing for
or defending against imminent or pending litigation or administrative proceedings;
4:5 Emergency purchases;
4:6 Price quote process not receiving three quotes; and
4:7 Purchases made via purchasing card.
4:1 Chanaes. Additions. Deletions. or Other Modifications to Contracts or Orders
Such changes that do not cumulatively exceed the purchasing thresholds set by policy or ten
(10) percent of the Board approved amount, whichever is greater, may be authorized after the
proper checklist and forms are signed by the operating department and the Purchasing Director
or designee.
To process such requests, operating departments must follow the Guidelines for Completing the
Contract/Purchase Order Modification Form available on the Purchasing Department Intranet
page. A checklist will guide the project manager through development of the Contract
Modification Form. To complete the report, the Purchasing Director or designee requires that
operating departments identify who initiated the change request; the nature of the change;
whether the change is related to a contract, CCNA purchase order or non -CCNA purchase
order; perform an analysis of the hard and soft costs associated with the change and the
appropriateness of each; the benefits of the change; the impacts of the change; whether the
change is consistent with the existing project scope, terms and conditions; document and justify
the change; identify consequences for not proceeding with the change; and identify the category
8
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9/11/2012 Item 11.G.
of change (planned or elective, unforeseen conditions /circumstances, quantity or price
adjustment, correction of error, value added and /or schedule adjustment).
The operating department will be required to certify the validity of the change and must have the
Division Administrator sign the modification form. The operating department may not move
forward until the form is approved and signed by the Purchasing Director or designee. The
Purchasing Director or designee prepares the monthly report for approval by the Board at the
first meeting of each month.
Changes that exceed these limits may be considered contract changes (11. CONTRACT
ADMINISTRATION).
4:2 Assumptions or Assignments of Contracts
When requested by the contractor and when there is a time constraint that will inhibit
operations, the County Manager or designee may authorize assignments or assumptions of
contracts. The Purchasing Director or designee will follow up with ratification by the Board via
a reporting process.
4:3 Off - Contract Purchases
Off - contract purchases up to the informal competition level, when justified and deemed in the
best interests of the County, may be authorized by the County Manager or designee. The
Purchasing Director or designee will follow up with ratification by the Board via a reporting
process.
4:4 Acquisition of Services for Defending Against Imminent or Pending Litigation
Acquisition of services from experts or consultants for purposes of preparing for or defending
against imminent or pending litigation or administrative proceedings may be authorized by the
County Manager or designee. Each purchase must first be approved by the County Attorney
and the Purchasing Director or designee. The County Attorney will follow up with ratification by
the Board of off - contract purchases via an executive summary.
4:5 Emergency Purchases
Emergency purchases for valid public declared or undeclared emergencies may be made when
authorized by the County Manager or designee to secure goods and services by open market
procedure (16. EMERGENCY PURCHASES). The Purchasing Director or designee will follow
up with ratification by the Board via a reporting process.
4:6 Price Quote Process Not Receiving Three Quotes
In the event that at least three quotes have been solicited, but not received during the price
quote process, justification must be provided to the Purchasing Director or designee for
authorization to make the purchase. The Purchasing Director or designee will follow up with
ratification by the Board via a reporting process.
4:7 Purchasing Card Purchases
All purchases made by purchasing card in accordance with CMA 5808 Purchasing Card
Program require ratification by the Board. The Purchasing Director or designee will follow up
with ratification by the Board via a reporting process (17. PURCHASING CARD PROGRAM).
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9/11/2012 Item 11.G.
5. FORMAL COMPETITION
It is the policy of the County that purchases of goods and services exceeding or expected to
exceed the informal competitive threshold shall be made by means of formal competition
deemed appropriate by the County Manager or designee to include, but not be limited to,
sealed competitive invitation to bid, request for competitive proposal, or competitive
selection and negotiation. The administration of purchases over the formal competitive
threshold including, but not limited to, rejection of bids /offers, waiver of competition, award,
modifications to award, termination of contract, and assignments shall be approved by the
Board of County Commissioners.
PROCEDURES
Purchases may fall into one of three main categories: a) commodities, b) services, or c)
professional services (under the Consultant's Competitive Negotiation Act and Auditor Selection
Processes). Within each category of purchase, there are different considerations and options
depending on individual circumstances and thresholds (3. PURCHASING THRESHOLDS),
including:
5:1
Method of purchase
5:2
Responsibilities
5:3
Solicitation process
5:4
Solicitation documentation
5:5
Selection process
5:6
Exemptions
5:7
Contractual documentation
5:8
Approvals
There may be such instances where the requirement for formal competition is waived (8.
WAIVER OF COMPETITION) or a waiver of irregularities may be provided by the Board (6.
WAIVER OF IRREGULARITIES).
In compliance with Section 287.055, Florida Statutes, known as "The Consultants' Competitive
Negotiation Act" or "CCNA ", and the Auditor Selection Procedures (Section 218.391) some
professional services must be treated slightly different than others. Where applicable
throughout this section, provisions that apply only to those services under CCNA and the
Auditor Selection Processes will be identified as such to clarify any differences.
5:1 Method
Purchases over the formal competitive threshold of $50,000 must be as follows unless the
purchase is governed by other federal or state funding guidelines and alternate methods are
requirements of the funding source.
a) Commodities: Purchase of goods over the formal competitive threshold of $50,000 must be
by sealed bid.
b) Services: Purchase of services over the formal competitive threshold of $50,000 must follow
the request for proposal process, or similar methodology.
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c) Professional Services (include the acquisition of professional architectural, engineering,
landscape architectural or surveying and mapping services, and auditor services):
Professional Services will be procured using a qualitative selection process that evaluates
qualifications, competence, track record and availability. This professional service selection
method will be utilized by the Purchasing Director or designee under circumstances where
a) a project that includes a fixed capital outlay study or planning activity may occur which
includes a grouping of minor construction, rehabilitation or renovation activities or a grouping
of substantially similar construction, rehabilitation or renovation activities occur, b) a
"continuing contract," and /or c) a design build project.
5:2 Responsibilities
Subject to formal competition, the Board of County Commissioners is responsible for: a)
awarding all purchases, b) rejecting bids and /or proposals as recommended by the Purchasing
Director or designee, c) approving all single source purchases in excess of the formal
competitive threshold (8. WAIVER OF COMPETITION), and d) waiving non - material
irregularities (6. WAIVER OF IRREGULARITIES).
The operating department is responsible for preparing the specifications and /or project
description related to each purchase and reviewing any potential addenda necessary, providing
evaluation criteria for services (consistent with CCNA statute for professional services, as
applicable), recording past performance data of vendors via performance evaluations and for
considering such past performance data in the evaluation of formal bids and /or proposals for
subsequent contract award.
The Purchasing Director or designee is responsible for a) ensuring competition; b) publicly
posting the notice inviting bids and /or proposals (notice of contract and application process for
CCNA); c) electronically sending solicitation notices to suitable vendors that are in the vendor
database; d) approving any necessary addenda to bid specifications and requests for proposals
and making such available to all prospective contractors /vendors; e) determining whether
solicitations may be issued in one or more steps or concurrent with one or more firms; f)
ensuring all solicitation notices contain language advising prospective contractors of the federal
E- Verify system requirements (12. IMMIGRATION POLICY); g) prescribing when necessary for
solicitation deposits to be made and describing such requirement in the solicitation; h)
recommending when bids and proposals are to be rejected; i) negotiating with the lowest
qualified bidder if bid exceeds budgeted amount for purchase; j) maintaining administrative
procedures, instructions and tools necessary for ensuring past relevant performance data is
properly gathered and considered prior to award of contract; k) removing vendors from the
vendor database for continual non - response to solicitations, violations of the Collier County
Purchasing Policies, or inactivity in the electronic system; 1) ensuring bids and proposals are
publicly opened at the time and place stated in the bid /solicitation notice and ensuring such is
witnessed; m) tabulating all bids /proposals and maintaining for public inspection; n) negotiating
with service vendors ranked most qualified; o) facilitating the appointment of selection
committees for review of requests for proposals *; and p) reviewing and approving all
recommendations for award of contracts prior to Board approval.
*Prior to issuing the request for proposal, the Purchasing Director or designee will draft a
memorandum for approval by the County Manager or designee for the appointment of a
selection committee to review the qualification submissions.
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The contractor, vendor or consultant is responsible for a) maintaining a profile in the online
solicitation database to ensure proper notifications are received; b) reviewing any addenda to
solicitations; c) responding in a timely manner to notices; d) if submitting a manual bid or
proposal, clearly identifying the solicitation number on the outside of sealed envelope; e)
registering with the federal E- Verify system prior to tendering a proposal with the County and for
understanding that if they have in fact signed up with E- Verify (12. IMMIGRATION POLICY) that
evidence of such must be on file with the Purchasing Department prior to award of a contract; f)
and for only publicly addressing the Board regarding a prospective purchase if requested to do
so by the Purchasing Director or designee or by a majority vote of the Board.
5:3 Solicitation Process
a) Commodities: A notice inviting bids is required and will be publicly posted by the
Purchasing Director or designee at least ten (10) days before the deadline for receipt of bid
proposals. Construction bids with an estimate of $200,000 - $499,999 will be posted for
twenty -one (21) days; projects estimated at $500,000 or more will be posted at least thirty
(30) days.
b) Services: A notice inviting proposals is required and will be publicly posted by the
Purchasing Director or designee at least twenty one (21) days before the deadline for
receipt of proposals.
c) Professional Services: A request for proposal is publicly announced and distributed by the
Purchasing Director or designee at least twenty on (21) calendar days before the deadline
for receipt of proposals.
5:4 Solicitation Documentation
Solicitation documents will include description of commodities or services to be purchased and
identify the evaluation procedures and criteria to be used. All solicitation documents will state
where instructions and specifications are available for review and will state the time and place
for opening. Notices may also be electronically sent to vendors who are registered in related
commodities in the online vendor database. When deemed appropriate by the Purchasing
Director or designee, solicitations may be solicited in one or more steps or conducted
simultaneously or concurrent with multiple firms unless otherwise prohibited by applicable
federal or state law or the terms of a grant program.
5:5 Selection Process
A tabulation or summary of all bids and proposals received will be made either electronically or
manually by the Purchasing Director or designee. The Purchasing Director or designee will
confirm that each bidder /contractor has signed up for E- Verify (12. IMMIGRATION POLICY) and
will maintain such evidence on file. Past performance data will be considered during the review.
In the event that one or more vendor is recommended under the same solicitation, the method
for distributing work under the contract (s) will be identified in the executive summary and the
contract (s). Methods for such distribution may include: a) award specified scope /items to
specified vendors; or b) award the work to a primary and secondary vendor; or c) for purchases
exceeding $3,000, solicit quotes from all vendors under contract and award the work based
upon the lowest, responsive quote; or d) rotate through all vendors awarded; or e) other
methods as identified in the Executive Summary and approved by the Board. Local vendor
preference will be considered and the right -to -match offer made, as appropriate (9. LOCAL
BUSINESS PREFERENCE).
a) Commodities
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Award will be made to the lowest, qualified and responsive bidder unless there are other
policies conflicting with this statement. In the event of a tie bid, the award will be given to the
lowest tied bidder that can certify it has implemented a drug -free work place program subject to
Section 287.087, F.S. If all lowest tied bidders can provide such certification, the next step is to
determine whether the bidders are considered a local business (9. LOCAL BUSINESS
PREFERENCE). If one (and only one) of the bidders is determined to be a local business, then
award of contract will be made to that bidder. In the event that two or more local bidders, or two
non -local bidders are tied thereafter, award of contract will be made in accordance with a coin
toss in the presence of both bidders. In the event that bids need to be rejected, the Purchasing
Director or designee has the authority to issue a new solicitation prior to the formal rejection by
the Board of the original bid offers. In the event that the Board elects to award the contract from
the original solicitation offers or if the Board elects not to further pursue the purchase, the
Purchasing Director or designee may cancel the new solicitation. If the lowest qualified
responsive bid exceeds the budgeted amount and /or cannot be funded in whole or in part by
received grant dollars, the Purchasing Director or designee may negotiate with the bidder to
attempt to bring the bid within budgeted limits unless prohibited by the source of funds. Refer to
funding source guidelines to confirm. Any necessary negotiations and changes are to be
mentioned in the executive summary.
b) Services
Prior to the announcement and distribution of the Request for Proposals, a selection committee
will be appointed by the County Manager or designee, or the Executive Director of another
Agency, to evaluate the proposals received. The Purchasing Director or designee will distribute
proposals to the selection committee to evaluate the proposals and to determine the best overall
proposer meeting the minimum published requirements. The selection committee will review,
score and rank the proposals in accordance with the procedures and selection criteria identified
in the solicitation document. Upon completion of the selection process, the Purchasing Director
or designee will post the results of the selection process on the Purchasing Department Internet
site.
In the event that proposals need to be rejected, the Purchasing Director or designee has the
authority to issue a new solicitation prior to the formal rejection by the Board of the original
solicitation proposals. In the event that the Board elects to award the contract from the original
proposals or if the Board elects not to further pursue the purchase, the Purchasing Director or
designee may cancel the new solicitation'.
If the best overall proposer meeting the minimum published requirements exceeds the budgeted
amount and /or cannot be funded in whole or in part by grant dollars, the Purchasing Director or
designee may negotiate with the proposer to attempt to bring the proposal within budgeted limits
unless prohibited by the source of funds. Refer to funding source guidelines to confirm. Any
necessary negotiations and changes are to be mentioned in the executive summary.
c) Professional Services
Prior to the announcement and distribution of the Request for Proposals, a selection committee
will be appointed by the County Manager or designee, or the Executive Director of another
Agency, to evaluate the proposals received. A summary of all proposals will be made either
electronically or manually by the Purchasing Director or designee.
The selection committee will review statements of qualifications and performance data
submitted in response to the solicitation and will select, in order of preference, no fewer than
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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 or designee that every effort was made to comply with the requirements
of F.S. § 287.055 or F.S. § 218.391, the operating department will proceed with the
recommended ranking of the proposers to Board.
Following the Board's approval of the rankings, the Purchasing Director or designee will
commence negotiations with the firm ranked as most qualified. During such negotiations, the
project scope, services and compensation will be defined. If discussions do not result in an
agreed upon contract, negotiations will end with the proposer and begin with the proposer
ranked second by the selection committee. If negotiations with second - ranked proposer fail,
they will begin with the next ranked proposer.
5:6 Exemptions
Purchases of commodities or services from a single source (8. WAIVER OF COMPETITION)
may be exempted from formal competition after review and approval by the Purchasing Director
or designee. Justification may include a) public health or safety emergency; b) item(s) is the
only one (proprietary) available that can properly perform the intended function(s); c) the
recommended vendor /contractor is the only one ready, willing and able to meet the County's
requirements; and /or d) it is determined to be in the best interests of the County. Approval of
the purchase by the Board is required; however, recurring single source purchases do not
require subsequent Board approval provided there is sufficient budget to make each purchase.
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.
The acquisition of services from experts or consultants for purposes of preparing for or
defending against imminent or pending litigation or administrative proceedings are exempt from
all competitive requirements. Any such acquisitions that do not exceed $50,000 may be
approved by the County Attorney and the Purchasing Director or designee without further
action. Acquisitions that exceed $50,000 may be authorized by the County Attorney and the
Purchasing Director or designee, but will be reported at a regular meeting of the Board for
ratification.
5:7 Contractual Documentation
a) Commodities: Contractual documentation may be either a Collier County purchase order or
a formal contract when there are additional terms and /or conditions required as a part of the
purchase(s). Regardless of the instrument used, the document has a binding effect upon
the County.
b) Services: Contractual documentation may be either a Collier County purchase order or a
formal contract when there are additional terms and /or conditions required as a part of the
purchase(s). Regardless of the instrument used, the document has a binding effect upon
the County.
c) Professional Services: Contractual documentation may be created in the form of a) a fixed
term agreement/contract, b) a fixed assignment contract, or a c) general professional
services contract. For each form of contract, subsequent purchase orders may be
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authorized by the Purchasing Director or designee in accordance with the terms of the
contract. The Purchasing Director or designee is authorized to approve all purchase orders
where the maximum initial dollar amount does not exceed two hundred thousand dollars
($200,000). Any purchase order and /or contract that exceeds that amount subsequent to
award and prior to completion of the work must follow the steps for contract changes found
in 11. CONTRACT ADMINISTRATION. Projects cannot be sub - divided to circumvent the
dollar thresholds.
If appropriate, the County may award a continuing contract in accordance with Section
287.055, F.S. if ) the firm provides professional services to the county for projects in which
the estimated construction cost of each individual project under the contract does not
exceed $2 million; for study activity if the fee for professional services 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. In such cases, the contract will be either for
a fixed term or with no time limitation provided that the contract includes a termination
clause.
All fixed term agreements issued under this section will be eligible for extension or renewal
in accordance with the provisions of 11. CONTRACT ADMINISTRATION. Regardless of the
instrument used, the document has a binding effect upon the County.
5:8 Approvals
Final award will be made by the Board. Prior to award, the Board may consider: a) the ability,
capacity and skill of the bidder /proposer to perform the contract, b) the ability of the
bidder /proposer to perform the contract within the time required or the least time, if appropriate,
without delay or interference, c) the experience and efficiency of the bidder /proposer, d) the
quality and performance of previous contracts awarded to the bidder /proposer, e) the previous
and existing compliance by the bidder /proposer with laws and ordinances relating to the
contract, f) the quality, availability and adaptability of the commodities or contractual services to
the particular use required, g) the ability of the bidder /proposer to provide future maintenance
and service (where applicable) and h) litigation history, references; criminal records; prior,
pending or imminent claims or disputes with the County or other public agencies; as well as
comparable relevant information as to the bidder's principals and affiliated entities.
All recommendations for awards will be reviewed and approved by the Purchasing Director or
designee prior to presentation to the Board of County Commissioners. Bidders /proposers
competing for a prospective 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 designee or by a majority vote of
the Board.
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6. WAIVER OF IRREGULARITIES
It is the policy of the County to waive non - material irregularities in formal bids and
proposals upon majority vote of the Board of County Commissioners. Non - material
irregularities include minor or non - substantive lack of conformity or variation in a bid or
proposal that does not affect the price or give the bidder or proposer an unfair advantage
nor undermine the necessary common standard of competition and does not adversely
affect the interests of the County.
PROCEDURES
In the event that there are non - material irregularities in any formal bids or proposals, a waiver by
majority vote of the Board is necessary and the following must be considered:
6:1 Non - material irregularity
6:2 Evaluations of irregularities
6:3 Process for waivers
6:1 Non - material irregularity
A non - material irregularity is a minor or non - substantive lack of conformity that may be a
technicality or irregularity.
6:2 Evaluation of Irregularities
Prior to requesting a waiver of irregularities, the request must be evaluated to ensure that if
waived, it will not a) affect the price, b) give the bidder or proposer an unfair advantage, c)
undermine the standard of competition, or d) adversely affect the interests of the County.
6:3 Process for Waiver
The operating department, in collaboration with the Purchasing Director or designee, will
prepare an executive summary that clearly articulates the irregularity, explains the need for the
waiver and explains the result if the waiver is not granted. Templates of executive summaries
that include all required considerations are maintained by the Purchasing Department and made
available on the Purchasing Department Intranet.
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7. CONSULTANTS COMPETITIVE NEGOTIATION ACT (CCNA) AND AUDITOR
SELECTION
It is the policy of the County to comply with the provisions of the Consultants Competitive
Negotiation Act (Section 287.055 Florida Statutes) and Auditor Selection Procedures
(Section 218.391 Florida Statutes) for the purchase of professional services under the
purview of the statute.
PROCEDURES
Refer to 5. FORMAL COMPETITION, Procurement of Professional Services (under the
Consultant's Competitive Negotiation Act and Auditor Selection) for procedures.
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8. WAIVER OF COMPETITION
It is the policy of the County to allow the waiver of competition for the purchase of (1)
library books, educational and /or personnel tests, similar audio visual materials,
periodicals, printed library cards, and other related library or educational materials; (2)
services 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) single source purchases; (4) valid public declared or undeclared
emergencies; (5) services from experts or consultants for purposes of preparing for or
defending against imminent or pending civil litigation or administrative proceedings; (6)
advertisements from various commercial media sources; (7) proprietary equipment,
services, or utility provider; (8) services from health and medical professionals; (9) resale
items to the general public where customer and brand preferences are recognized; or
(10) where it is determined to be in the best interests of the County.
PROCEDURES
The following purchases may have the requirement for competition waived:
8:1 library books, educational and /or personnel tests, and similar materials;
8:2 services 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;
8:3 single source purchases;
8:4 valid public declared or undeclared emergencies;
8:5 services from experts or consultants for purposes of preparing for or defending
against imminent or pending civil litigation or administrative proceedings;
8:6 advertisements from various commercial media sources;
8:7 proprietary equipment, services, or utility provider;
8:8 services from health and medical professionals;
8:9 resale items to the general public; and
8:10 where it is determined to be in the best interests of the County.
For purchases less than the formal competitive threshold, a completed Waiver Form and
supporting documentation and rationale must be forwarded to the Purchasing Director or
designee for review. Waiver requests for purchases less than the formal competitive threshold
may be requested of the Purchasing Director or designee and will be ratified by the Board
through a reporting process. Such waiver requests will be valid for one (1) fiscal year.
Operating departments do not need to submit a new waiver for each duplicate request and will
only need to provide a copy of the previously approved waiver.
For purchases exceeding the formal competitive threshold, the operating department will
prepare an executive summary, a completed Waiver Form and supporting documentation and
rationale and forward to the Purchasing Director or designee for review. Once reviewed by the
Purchasing Director or designee, Board approval may be requested on the next available
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agenda. Such waiver requests may be issued for up to four (4) years if requested in the
executive summary and approved by the Board.
8:1 Library Books Educational and /or Personnel Tests, and Similar Materials
This includes library books, educational and /or personnel tests, similar audio visual materials,
periodicals, printed library cards, and other related library or educational materials.
8:2 Services from the Owner of a Copyright or Patent, a Governmental Agency, a
Recognized Educational Institution, a Not - For - Profit Entity
A waiver for these services is permitted only when there are no other identifiable sources
available.
8:3 Single Source Purchases
The Board of County Commissioners is responsible for approving all single source purchases in
excess of the formal competitive threshold (5. FORMAL COMPETITION). Purchases from a
single source (8. WAIVER OF COMPETITION) may be exempted from formal competition after
review and approval by the Purchasing Director or designee. Justification may include a) public
health or safety emergency; 2) item (s) is the only one (proprietary) available that can properly
perform the intended function(s); 3) the recommended vendor /contractor is the only one ready,
willing and able to meet the County's requirements; and /or 4) it is determined to be in the best
interests of the County.
8:4 Valid Public Declared or Undeclared Emergencies
Emergency purchases for valid public declared or undeclared emergencies may be made when
authorized by the County Manager or designee to secure goods and services by open market
procedure (16. EMERGENCY PURCHASES). The Purchasing Director or designee will follow
up with ratification by the Board of off - contract emergency purchases at the first available
regular or special meeting via a reporting process.
8:5 Services from Experts or Consultants for Purposes of Preparing for or Defending Against
Imminent or Pending Civil Litigation or Administrative Proceedings
Such services, when the acquisition exceeds $50,000 and is authorized by the County Attorney
and the Purchasing Director or designee, may be exempt from competition. The County
Attorney will follow up with ratification by the Board via a reporting process.
8:6 Advertisements from Various Commercial Media Sources
The Purchasing Director or designee will follow up with ratification by the Board at the first
available regular or special meeting via a reporting process.
8:7 Proprietary Equipment, Services, or Utility Provider
The Purchasing Director or designee will follow up with ratification by the Board at the first
available regular or special meeting via a reporting process.
8:8 Services from Health and Medical Professionals
The Purchasing Director or designee will follow up with ratification by the Board at the first
available regular or special meeting via a reporting process.
8:9 Resale Items to the General Public
Items which are to be purchased and resold to the general public (i.e. concession areas,
marinas, gift shops, etc.) where customer and brand preferences are recognized and
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incorporated into the rationale for the waiver, may be exempt from competition. The Purchasing
Director or designee will follow up with ratification by the Board at the first available regular or
special meeting via a reporting process.
8:10 Where it is Determined to be in the Best Interests of the County
The County may determine it is in their best interest to waive competition due to an economic
condition such as: responsible economic procurement relieves the County of potential additional
expenses that would result from not making the purchase; use of another supplier would result
in incompatibility or lack of standardization with existing conditions; use of another supplier
would require considerable training, time and money to evaluate; the goods or services are
being used in ongoing long -term projects; and /or the product or service offered is at a
substantial discount below current market conditions and price structures. The Purchasing
Director or designee will follow up with ratification by the Board at the first available regular or
special meeting via a reporting process.
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9. LOCAL BUSINESS PREFERENCE
It is the policy of the County, except where otherwise provided by federal or state law or
other funding source restriction, to give a "right to match" preference to the lowest
responsive local business who is within ten (10) percent of the lowest responsive non -
local bidder; or, by including local vendor preference selection criteria in the evaluation
of qualitative solicitations, prior to an award by the Board. The County may consider
local vendor preference reciprocity through interlocal agreements with other Florida
counties or municipalities.
PROCEDURES
Except where otherwise provided by federal or state law or other funding source restrictions or
as otherwise set forth in the Collier County Purchasing Policies, purchase of commodities and
services may provide preference to local businesses. A definition for `local business' is found
within Exhibit I. DEFINITIONS. The following must be followed:
9:1 Solicitation requirements, including "right to match" process
9:2 Vendor response to solicitations
9:3 Vendor certification and misrepresentation
9:4 Waiver of the application of local preference
9:5 Comparison of qualifications
9:6 Reciprocity
9:7 Administration of these procedures
9:1 Solicitation Requirements
For the formal competitive bid process, each solicitation will 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 lowest bid submitted by a qualified and
responsive local businesses is within ten percent (10 %) 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)
will 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 will first verify if the lowest non -local
bidder and the lowest local bidder are in fact qualified and responsive bidders.
The Purchasing Director or designee will then 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 Director or designee will invite the lowest local bidder to submit a
matching offer to the Purchasing Director or designee which will be submitted to the Purchasing
Director or designee 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 will 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 referenced state law.
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For request for proposals, qualifications or other submittals and competitive negotiation and
selection, the solicitation will include a weighted criterion for local preference that equals ten
percent (10 %) of the total points in the evaluation criteria published in the solicitation.
Purchases of professional services under CCNA, which are subject to Section 287.055, F.S.
and audit and accounting services subject to Section 11.45, F.S. are not be subject to this local
preference section.
9:2 Vendor Response to Solicitations
Local vendors may receive preference in purchase of commodities and services by means of
competitive bid, request for proposals, qualifications or other submittals and competitive
negotiation and selection if desired by the vendor.
9:3 Vendor Certification and Misrepresentation
Vendors must 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.
Any bidder /proposer who fails to submit sufficient documentation with their bid /proposal offer will
not be granted local preference consideration for the purposes of that specific contract award.
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.
9:4 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.
9:5 Comparison of Qualifications
Local preferences 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 in no way prohibit the right of the County Commission from giving any
other preference permitted by law instead of local preference.
9:6 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 will not be used for the purpose of
establishing said physical address. In addition to the foregoing, a vendor will 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 must 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 will the amount of the
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preference accorded other local government firms exceed the amount of preference that such
local government extends to Collier County firms competing for its contracts.
9:7 Administration of These Procedures
For purchases of $50,000 or less, the Purchasing Director or designee will a) systematically
encourage operating departments to solicit price quotes from local vendors and b) introduce
local vendors to operating departments as appropriate.
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10. COOPERATIVE PURCHASING
It is the policy of the County to authorize the purchase of goods and services under
State of Florida and Federal GSA cooperative agreements, to join with other units of
government in cooperative purchasing ventures, and to utilize existing contracts
procured by another public entity or recognized cooperative purchasing entity using a
competitive process substantially similar to that of the County.
PROCEDURES
To secure purchases efficiently and economically, the Purchasing Director or designee will
evaluate whether a purchase may be made either by using a State of Florida or Federal GSA
competitively bid or negotiated contract, a competitively solicited cooperative contract or a pre-
existing competitive contract of another unit of government.
Often referred to as "piggybacking ", this method anticipates that another governmental entity
has already negotiated a competitive contract for a commodity or service and that by using this
contract, Collier County will be able to purchase such commodities or services in the most
efficient manner. The Purchasing Director or designee will verify that such cooperation will
result in a fiscally competitive event and create process efficiencies resulting in the best interest
of the county.
All purchases made in this manner that are subject to formal competition require prior approval
by the Board via executive summary. Templates of executive summaries that include all
required considerations, as described below, are maintained by the Purchasing Director or
designee and made available on the Purchasing Department Intranet. Attachments to the
executive summary must include the Cooperative Governmental / Consortium Agreement Form,
solicitation, bid tabulation or selection scoring /ranking, prices, and contract.
Purchases made in this manner that are within the informal competitive threshold ($3,000 -
$50,000) must be approved in advance by the Purchasing Director or designee. Attachments to
the requisition must include the Cooperative Governmental / Consortium Agreement Form,
solicitation, bid tabulation or selection scoring /ranking, prices, and contract. The Purchasing
Director or designee will follow up with ratification by the Board via a reporting process.
In authorizing all such purchases under pre- existing agreements, the Director will determine if a)
the solicitation, terms and conditions of the purchase were competitive in the market and
favorable to the County, b) the existing contract was publicly competed, procured by another
public entity, or procured by a recognized public cooperative purchasing entity using a
procedure substantially similar to those of Collier County, c) the existing contract is active at the
time of order, d) the products and /or scope of services offered to the County are substantially
similar to that in the existing contract, and e) where applicable, certificates of insurance and /or
contract - related bonds have been obtained in accordance with prevailing County standards and
state statutes.
If the County is not required to directly provide for competition for the particular commodities or
services by applicable federal or state law, or grant requirements, it may exempt the specific
procurement from the competitive requirements where the above conditions have been met.
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11. CONTRACT ADMINISTRATION
It is the policy of the County to develop and utilize procedures to ensure that all
purchases of goods and services are evidenced by written documentation containing
terms and conditions of the procurement; for the distribution of work among contractors,
vendors, or consultants where multiple awards are issued; for ordering or requesting
goods or services; for modifying the terms and conditions, pricing or fee structure,
delivery or service dates, scope of services, and /or the term of the agreement/award.
PROCEDURES
Every procurement of goods or services will be administered by the operating department. The
Purchasing Director or designee may authorize and /or execute contracts or contract - related
documents pursuant to 2. PURCHASING AUTHORITY, 3. PURCHASING THRESHOLDS or 4.
OPERATIONAL AUTHORITY, as applicable to each circumstance and subject to the limits of
any applicable federal, state or other law. The Purchasing Director or designee has the
discretion to determine the contractual document required for each circumstance.
Effective administration of contracts generally contain one or more of the following
requirements:
11:1 Terms and conditions
11:2 Clear procedures for the distribution of work among contractors, vendors or
consultants where multiple awards are issued
11:3 Procedures for orders or requests for goods and services
11:4 Procedures for modifying terms and conditions
11:5 Procedures for extending a contract
11:6 Notices
11:7 Contract renewal
11:8 Contract approval
11:9 Fixed Term Purchase Orders (not under CCNA)
11:10 Consent to assignments of contract
11:11 Payments to contractors, vendors and consultants
11:12 Contract Claims
11:1 Terms and Conditions
Within the contract document, the following must be included: a) a listing of the scope of
services to be performed or commodities to be purchased; b) a timeline provision specifying the
final date by which such criteria must be met for completion of the contract; c) a provision
specifying the terms of cancellation by the County and, where applicable, a provision specifying
the terms of renewal; d) where applicable, a provision establishing the appropriate types and
levels of insurance to be carried by the vendor consistent with minimum insurance standards
approved by the Board of County Commissioners; and e) where applicable, pursuant to Section
287.133 F.S., a provision requiring the contractor /vendor to inform the County if they have been
convicted of a public entity crime subsequent to July 1, 1989.
11:2 Multiple Awards and Distribution of Work
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9/11/2012 Item 11.G.
In the event that one or more vendor under the same solicitation is to be awarded a contract,
the method for distributing work under the contract(s) will be identified in the executive summary
and the contract. Methods for such distribution may include: a) award specified scope /items to
specified vendors; or b) award the work to a primary and secondary vendor; or c) for purchases
exceeding $3,000, solicit quotes from all vendors under contract and award the work based
upon the lowest, responsive quote; or d) rotate through all vendors awarded; or e) other
methods as identified in the Executive Summary and approved by the Board.
11:3 Procedure for Orders or Requests for Goods and Services
For each form of contract, subsequent purchases may be authorized by the Purchasing Director
or designee in accordance with the terms of the contract. The Purchasing Director or designee
is authorized to approve all purchase orders where the maximum initial dollar amount does not
exceed two hundred thousand dollars ($200,000). All such requests are subject to ratification
by the Board via a reporting process.
The Purchasing Director or designee prepares a monthly report of purchases that do not exceed
two hundred thousand dollars ($200,000) for approval by the Board. Any purchase order and /or
contract that exceeds that amount must be Board approved. Templates of executive
summaries that include all required considerations are maintained by the Purchasing
Department and made available on the Purchasing Department Intranet. The Purchasing
Director or designee will review each executive summary and associated documents and will
approve each item for inclusion on the Board agenda
To ensure conformance with the specifications of a purchase order for goods or services, the
operating director or designee will ensure proper steps are taken in each operating department
to inspect the deliveries of commodities or services. Operating departments will inspect all
deliveries to ensure the correct and quality products are received. If necessary, the operating
director or designee may require chemical and physical tests to ensure conformity with
specifications.
11:4 Procedure for Modifying Terms and Conditions
Contracts may be modified after award, however the procedure varies depending on the initial
dollar amount of the award and /or the degree of change expected in the dollar amount.
Changes, additions, deletions, or other modifications to contracts or orders that do not
cumulatively exceed the purchasing thresholds set by policy or ten (10) percent of the Board
approved amount, whichever is greater do not need prior Board approval, but rather ratification
by the Board via a reporting process (4. Operational Authority).
To process such requests, operating departments must follow the Guidelines for Completing the
Contract/Purchase Order Modification Form available on the Purchasing Department Intranet
page. A checklist will guide the project manager through development of the Contract
Modification Form. To complete the report, the Purchasing Director or designee requires that
operating departments a) identify who initiated the change request; b)describe the nature of the
change; c) identify whether the change is related to a contract, CCNA purchase order or non -
CCNA purchase order; d) perform an analysis of the hard and soft costs associated with the
change and the appropriateness of each; e) describe the benefits of the change, the impacts of
the change and whether the change is consistent with the existing project scope, terms and
conditions; f) document and justify the change; g) identify consequences for not proceeding with
the change; and h) identify the category of change (planned or elective, unforeseen
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9/11/2012 Item 11.G.
conditions /circumstances, quantity or price adjustment, correction of error, value added and /or
schedule adjustment).
The operating department will be required to certify the validity of the change and must have the
Division Administrator approve the modification form. The operating department may not move
forward until the form is approved and signed by the Purchasing Director or designee. For all
changes under the threshold described above, the Purchasing Director or designee prepares
the monthly report for approval by the Board at the first meeting of each month. Any purchase
order and /or contract that exceeds that amount subsequent to award and prior to completion of
the work must be Board approved via executive summary. Templates of executive summaries
that include all required considerations are maintained by the Purchasing Department and made
available on the Purchasing Department Intranet. The Purchasing Director or designee will
review each executive summary and associated documents and will approve each item for
inclusion on the Board agenda. Operating departments should allow up to 4 weeks for
processing a Board approved contract amendment due to the review and approval process
leading up to the agenda deadline.
11:5 Procedure for Extending a Contract
Extension(s) of a Board - approved contract for commodities or services may be requested by the
operating department to the Purchasing Director or designee in writing for a period not to
exceed six (6) months (cumulatively) and will be subject to the same terms and conditions set
forth in the initial contract. The Purchasing Director or designee has the authority to authorize
and execute all such extensions. Any extension(s) that exceeds six months (cumulatively) must
be approved by the Board of County Commissioners.
11:6 Notices
Notices issued under a purchase order or contract may be authorized and executed by the
Purchasing Director or designee. 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 Director or designee
provided that the change (or the sum of the changes) amounts to no more than the greater of 10
percent of the current Board approved amount or $10,000.
This is not 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 will be based on fixed unit prices or other
predetermined pricing methods and will be limited in quantity by the amount of funds
appropriated in the budget of the operating department (s). Such purchases will 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, will require the approval of the Board of County Commissioners or as otherwise
provided for in this policy. The Board has 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 (10) percent below the current Board approved
contract amount will be reported to the Board monthly as part of the monthly contract changes
report and will not require prior Board approval.
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9/11/2012 Item 11.G.
11:7 Contract Renewal
The Purchasing Director or designee may authorize and execute renewals of contracts for
commodities and /or services subject to the following conditions: a) the contractor has performed
in a satisfactory manner and that the Purchasing Director or designee has received a request to
renew from the operating department verifying the contractor's satisfactory performance; b) the
agreement is renewed subject to the terms and conditions set forth in the initial contract; c)
increase or decrease of prices and terms of any contemplated renewals are included in the
invitation to bid, request for proposals, or contract; and d) the renewal is done on an annual
basis, commencing at the end of the initial contract period. Any such contracts will not be
renewed for more than three (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.
11:8 Contract Approval
All formal, bilateral contracts for commodities and services in excess of the formal, competitive
threshold must 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 or designee, subject to the review and approval for legal
sufficiency by the Office of the County Attorney. Formal, bilateral contracts (this excludes
purchase orders) subject to Board approval must be presented on the Board meeting agenda
with appropriate backup documentation.
11:9 Fixed Term Purchase Orders (Not Under CCNA)
The Purchasing Director or designee may authorize and execute any purchase order under a
fixed term contract if the work is equal to or below such Board approval parameters as set forth
in either the Board approved term contract for services under which the purchase order is
generated, the solicitation document(s) that resulted in the contract or the executive summary
that pertains to the contract. Modifications to a purchase order may be authorized and executed
by the Purchasing Director, provided that the total value of the purchase order, including the
modification, does not exceed $200,000 or if it does, the change (or sum of the changes) does
not exceed 10% of the current Board approved amount.
11:10 Consent to Assignments of Contract
For all contracts which exceed the formal competitive threshold, the Board of County
Commissioners must approve all assignments of contracts requested by the predecessor
contracting party. For such requests for agreements below the formal competitive threshold, the
Purchasing Director or designee has the authority to approve assignments on behalf of the
agency.
11:11 Payments to Contractors, Vendors and Consultants
The Purchasing Director or designee will ensure the terms and conditions related to payments
are incorporated into all contracts in compliance with applicable laws and with the solicitation
documents. These terms and conditions may include a) expectations for timely payment, b)
retainage, c) payment of freight and delivery, d) procedure for minor variances, e) procedure for
submittal of invoices, including required documentation, f) procedure for resolution of disputes
and g) report of interest penalty payments.
The terms and conditions for timely payment will be outlined in the contract, however, in the
event that a contractor or vendor provides products and services accepted by the County, but
fails to submit an invoice for payment of products /services within six (6) months of acceptance
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of the work, the Purchasing Director or designee has the authority to reject the invoice under the
legal doctrine of "laches" as untimely submitted and the County will have no further obligation to
pay the invoice. Payment of commodities, services or leases must comply with Section 218.70,
F.S. et seq. otherwise known as the "Local Government Prompt Payment Act."
For construction contracts, the Purchasing Director or designee may establish procedures to
reduce to five (5) percent the amount of retainage withheld from each subsequent progress
payment issued to a contractor where applicable in accordance with Section 218.735 (8), F.S.
The Purchasing Director or designee has 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. Reduction of retainage is subject to the following: a) 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) "; b) any decision to reduce retainage will be formally communicated in a letter to the
contractor's appropriate representative that affirmatively states that the contractor has
performed the contract work in a satisfactory manner; c) the cumulative retainage not be
adjusted until at least fifty (50) percent of the work has been completed and payment has been
issued; and d) the Purchasing Director's letter expressly setting forth the percentage of
cumulative retainage to be held for the remaining pay requests.
The Purchasing Director or designee is 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: a) the contractor has performed in a satisfactory manner to date, b) the total
aggregate work under the agreement is at least fifty (50) percent completed and accepted (i.e.;
payments equaling at least fifty (50) of the contract amount less retainage have been issued); c)
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.
The Purchasing Director or designee may authorize the payment of freight and delivery charges
that are not specifically identified on the purchase order.
The Purchasing Director or designee may authorize minor payment variances between the
purchase order and invoice that do not exceed five (5) percent of the purchase order amount or
five hundred dollars ($500), whichever is less.
11:12 Contract Claims
All actual or prospective claims arising against the County from contractors, vendors or any
other party in direct contractual relationship 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 Collier
County Administrative Purchasing Procedures Manual.
For any prospective or actual claims or disputes arising under any contract entered into by the
County, the Purchasing Director or designee has 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. Nothing herein shall be construed as a waiver of any right or remedy that the County
may have at law or in equity relative to any contract or purchase order.
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12. IMMIGRATION POLICY
It is the policy of the County that prospective contractors utilize the federal E- Verify
system and provide documentable proof of registration prior to award of the solicitation
by the Board resulting from formal competition. Purchases are considered exempt if
any of the following criteria are met: (1) purchases are below the formal threshold; (2)
the work is performed outside of the United States; and, (3) the procurement includes
only commercially available off - the -shelf items and / or related services as determined
by the County Manager or designee.
PROCEDURES
As authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(IIRIRA), the federal government requires companies to employ only individuals who may legally
work in the United States — either U.S. citizens, or foreign citizens who have the necessary
authorization. To ensure contractors, vendors or consultants comply with this requirement,
Collier County requires that verification be provided to evidence that the contractors, vendors or
consultants have in fact signed up for the U.S. Department of Homeland Security's E- Verify
system and have ensured that employees and subcontractors meet the requirement. To ensure
this occurs, Collier County performs the following:
12:1 Requirements for formal bid solicitations
12:2 Documentation on file
12:1 Requirements for Formal Bid Solicitations_
All formal solicitations for the purchase of services will include language advising prospective
contractors, vendors or consultants that they must sign up to use the federal E- Verify system
prior to tendering a bid offer with the County. Prior to issuance of applicable solicitations, the
Purchasing Director or designee will ensure the necessary language regarding E- Verify is
included.
12:2 Documentation On File
At the time a formal Invitation to Bid or Request for Proposal is submitted, the contractor, vendor
or consultant must also submit an Immigration Law Affidavit Certification that must be signed
and notarized. This certification requires that the contractor, vendor or consultant attest to full
compliance with all applicable immigration laws (specifically to the 1986 Immigration Reform
and Control Act and subsequent amendments) and agree to comply with the Memorandum of
Understanding with E- Verify and to provide proof of enrollment in the Employment Eligibility
Verification System (E- Verify), operated by the United States Department of Homeland Security
in partnership with the Social Security Administration at the time the proposal is submitted.
Prior to award of a contract by the Board of County Commissions, the contractor, vendor or
consultant is also required to provide evidence of E- Verify registration. The Purchasing
Department will maintain this documentation on file.
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9/11/2012 Item 11.G.
13. PERFORMANCE, PAYMENT BONDS AND INSURANCE
It is the policy of the County to require contractors, vendors, or consultants to provide a
surety bond from a surety company, letter of credit from a financial institution operating
within the State of Florida, or other alternative form of surety as permitted under Florida
law 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 deemed necessary by the County Manager or designee.
PROCEDURES
A contractor, vendor or consultant must provide an insurance requirements and 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, required by statute or as otherwise deemed necessary by the County Manager or
designee. 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 will be approved as to form by the County Attorney.
If using a cooperative agreement, staff must ensure contract - related bonds and insurances have
been obtained in accordance with prevailing County standards and state statutes.
If the Purchasing Director has determined that a bid deposit is required, it may be specified in
the solicitation that such bid deposit may include bid bonds, certified checks, or other security as
provided by Section 255.051, F.S.
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14. UNAUTHORIZED PURCHASES
It is the policy of the County that any purchase order or contract made by a County
officer or employee outside the provisions of the County's purchasing policies and the
provisions thereof shall not necessarily be approved and the County shall not be bound
thereby, however, if after examining the facts of the transaction, the County Manager or
designee deems a purchase made in violation of the County's policies to be in the best
interest of the County, said purchase may be approved after - the -fact by Board of County
Commissioners.
PROCEDURES
County employees and officers are expected to ensure they do not intentionally make a
purchase of commodities or services or execute a contract for commodities or services in
conflict with the Purchasing Policy.
14:1 Purchases made contrary to policy
14:2 Rectifying violations
14:3 Consequences for violations
14:1 Purchases Made Contrary to Policy
Any purchase or contract made contrary to or in violation of the Purchasing Policy may not be
valid and may not be approved, therefore not binding the County in any way.
14:2 Rectifying Violations
When a purchase transaction is found to be in violation of the Purchasing Policy, the Purchasing
Director or designee will consider the facts pertaining to the transaction, and in consultation with
the appropriate operating department director, may determine that it is in the best interests of
the County to proceed with the purchase and will determine any conditions to be placed on the
purchase or contract. If a determination is made to proceed with the purchase, the purchase
will be evaluated based on 3. PURCHASING THRESHOLDS to determine the appropriate
method for Board approval.
14:3 Consequences for Violations
All employees making purchases in violation of the Purchasing Policy are subject to CMA
5311.1 - 2 Standards of Conduct, failure or refusal to abide by the administrative procedures or
business operations procedures set forth in the Human Resources Practices and Procedures
may be cause for disciplinary action up to and including discharge.
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15. PROTEST OF SOLICITATION OR AWARD
It is the policy of the County to provide a formal process by which an actual or potential
bidder or respondent may file a legitimate protest of the terms, conditions, specifications,
or evaluation criteria of any solicitation for goods or services or the recommended award
of any contract to the Purchasing Director. Intent to file such protest must be made
within two days after the publication of a solicitation or posting of recommended award,
followed by the full protest within five days of notice of intent to file. A bidder or
respondent may file a formal appeal of the Purchasing Director's decision to the Board of
County Commissioners by submitting a notice of intent to appeal within two days of the
Director's decision and filing the full appeal with five days of the notice to appeal.
Detailed instructions for filing protests and appeals will be included in each solicitation.
As a condition of filing a formal appeal of a recommendation to award, the appealing
party will submit a non - refundable filing fee to defray the cost of administering the appeal
as follows:
Estimated Contract Amount
Filing Fee
$250,000 or less
$500
Over $250,000 up to $500,000
$1,000
Over $500,000 up to $5,000,000
$3,000
Over $5,000,000
$5,000
PROCEDURES
Collier County has established a policy for accommodating 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.
The following must be considered:
15:1 Process for protests
15:2 Protesting terms, conditions and specifications of a solicitation
15:3 Protesting an award
15:4 Process for appeals
15:1 Process for Protests
The protesting party will submit the required written protest directly to the Purchasing Director or
designee, who will serve as the sole recipient of any and all notices of intent to protest and all
formal protests. Depending upon the type of protest, the protesting party must file protests
within the specified number of days in each section below. Failure to file a formal protest within
the time and manner described constitutes a waiver of the right to protest. The formal written
protest must contain, but not be limited to the following information:
a. Name and address of County agency affected and the bid number and title.
b. The name and address of the protesting party.
c. A statement of disputed issues of material fact. If there are no disputed material facts,
the written letter must so indicate.
d. A concise statement of the ultimate facts alleged and of any relevant rules, regulations,
statutes, and constitutional provisions entitling the protesting party to relief.
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e. A demand for the relief to which the protesting party deems entitled.
f. Such other information as the protesting party deems to be material to the issue.
g. All arguments, facts or data supporting and advancing the protestor's position.
Under no circumstances will the protestor have the right to amend, supplement or modify its
formal protest after the filing thereof. Nothing herein precludes 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.
The Purchasing Director or designee will review the merits of each timely protest and in
consultation with County staff, issue a decision stating the reasons for the decision and the
protesting party's rights of appeal under this section. Said decision will be in writing and mailed
or otherwise furnished to the protesting party.
The decision of the Purchasing Director or designee will be final and conclusive unless the
protesting party delivers a subsequent written notice of appeal to the Purchasing Director or
designee per 15:4 Process for Appeals.
15:2 Protesting Terms, Conditions and Specifications of a Solicitation
Related to the solicitation, the protesting party may wish to protest the terms, conditions and
specifications contained in a solicitation, including any provisions governing the methods for
evaluation bids, proposals or replies, awarding contracts, reserving rights for further negotiation
or modifying or amending any contract.
A notice of intent to protest must be filed within two (2) days, excluding weekends and County
holidays, after the first publication, whether by posting or formal advertisement of the
solicitation. The formal written protest must be filed within five (5) days of the date the notice of
intent is filed. The Purchasing Director or designee, in consultation with appropriate County
staff, will 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 or
designee's decision will be considered final and conclusive unless the protesting party files an
appeal of the Purchasing Director's or designee's decision.
15:3 Protesting an Award
All formal protests with respect to a recommended award must be submitted in writing to the
Purchasing Director or designee for a decision. Any actual or prospective bidder or respondent
to an Invitation to Bid or a Request for Proposal who desires to protest a recommended award
must submit a notice of intent to protest to the Purchasing Director or designee within two (2)
calendar days, excluding weekends and County holidays, from the date of the initial posting of
the recommended award. Protests must 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 or designee. The protesting party must have standing as defined by
established Florida case law to maintain a protest.
In the event of a timely protest of recommended award consistent with the requirements of this
section, the Purchasing Director or designee will not proceed further with the recommended
award 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 recommended award of a contract without delay is in the best interests of the County.
Neither the protesting party, their agents or their representatives may have any private contact
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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.
15:4 Process for Appeals
In filing a written objection to the Purchasing Director's or designee's decision, the protestor
may not introduce new arguments or alter in any other way their protest submission. A notice of
appeal of the Purchasing Director's or designee's decision is limited to a review of the grounds
set forth in the formal protest, and no new grounds or arguments will be introduced or
considered.
A notice of appeal must be filed within two (2) days, excluding weekends and County holidays,
from the date of the written decision rendered by the Purchasing Director or designee. The
formal written appeal must be filed within five (5) days of the date the notice of intent to appeal
is filed.
As a condition of filing a formal notice of appeal of the Purchasing Director or designee's protest
decision to the Board of County Commissioners, the protesting party must submit a non-
refundable filing fee to defray the cost of administering the appeal. The filing fee will be
submitted with the formal appeal. Failure to pay the filing fee will result in the denial of the
appeal. The amount of the filing fee will be as follows:
Estimated Contract Amount
Filing Fee
$250,000 or less
$500
Over $250,000 up to $500,000
$1,000
Over $500,000 up to $5,000,000
$3,000
Over $5,000,000
$5,000
In the event of an appeal of the Purchasing Director's or designee's decision, the Board of
County Commissioners has the discretion to appoint an independent Hearing Officer to review
the formal protest and the Purchasing Director's or designee's decision. The Board of County
Commissioner's discretion as to whether to appoint a Hearing Officer will in no way afford the
protestor the right to demand such an appointment or hearing.
The Hearing Officer's review is limited to the grounds set forth in the formal protest, and is for
the purpose of determining whether the County's intended action is arbitrary, capricious, illegal,
dishonest or fraudulent. The protesting party has the burden of proof. The Hearing Officer will
consider the formal protest, the Purchasing Director's or designee's decision, and supporting
documents and evidence presented at the hearing. In any hearing, irrelevant, immaterial or
unduly repetitious evidence will be excluded. All other evidence of a type commonly relied upon
by reasonably prudent persons in the conduct of their affairs will 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 have the right to be represented by counsel in the
proceedings, to call witnesses, and present evidence; provided, however, that the Hearing
Officer does not have the right to compel attendance of witnesses or to permit or compel any
discovery.
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The decision of a Hearing Officer on a protesting party's appeal will be submitted to the Board
for its consideration as part of a final award decision. Nothing herein will be construed as
creating a right of judicial review of the Hearing Officer's decision, nor will such decision be
binding upon the Board. Additionally, nothing herein will be construed as limiting the Board's
right to reject any and all bids or proposals.
The Hearing Officer will have a maximum of sixty (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 for submission to the Board of County Commissioners.
Decisions of the Purchasing Director or designee 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 Purchasing Director or
designee's decision nor the Hearing Officer's recommended decision will be construed as an
award recommendation triggering additional rights of protest pursuant to this Section.
Notwithstanding anything set forth herein to the contrary, the Board of County Commissioners
will retain the authority to make the final award decision.
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16. EMERGENCY PURCHASES
It is the policy of the County in the case of a valid public declared or undeclared
emergency to empower the County Manager or designee to secure goods and services
by open market procedure. All such purchases shall be ratified by the Board of County
Commissioners through a reporting process.
PROCEDURES
Purchase of goods or services may be accomplished during valid public declared or undeclared
emergencies given the following considerations:
16:1 Emergency circumstances
16:2 Emergency purchases under the formal competitive threshold
16:3 Emergency purchases over the formal competitive threshold
16:4 Process and forms
16:5 Reporting requirements
16:1 Emergency Circumstances
Emergency purchase shall generally apply to circumstances where the immediate purchase of
commodities and /or services is required to protect the health, safety, welfare or other critical
interests of the County and /or the general public.
16:2 Emergency Purchases Under the Formal Competitive Threshold
In the case of any emergency which requires immediate purchase of commodities or services
equal to or less than the formal competitive threshold, the Purchasing Director or designee is
empowered to secure such services and commodities by open market procedure as herein set
forth.
For purchases of one thousand dollars ($1,000) or less, the operating department may use a
purchasing card or issue a purchase order to a vendor capable of performing the work or
delivering the commodities needed without additional competition. The operating department
should first attempt to contract with a vendor already under a fixed term agreement with the
County.
For purchases of one thousand ($1,000) or more, but under the formal competitive threshold,
the operating department must contact the assigned purchasing professional immediately to
notify the Purchasing Department of the emergency. The situation will be discussed and a
determination made whether the purchase(s) must be made on an emergency basis, with which
vendor(s), the terms and conditions of the purchase(s) and how the purchase order(s) will be
transacted. For emergencies that occur after regular business hours, on weekends or County
holidays and where a vendor must be engaged prior to the next business day, the operating
department may contact a vendor and with the verbal approval of an authorized signatory within
their department may order the required commodities or services immediately. If this occurs,
the operating department is responsible for a) reporting any and all such orders immediately to
the assigned purchasing professional (including all terms and conditions) on the first business
day after the order was placed to determine how to codify and complete the order(s), b) clearly
justifying to the assigned purchasing professional why the purchase had to be transacted
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without prior notification, and c) first attempting to utilize vendors already under contract with the
County so as to minimize contractual risk to the County. All such purchases requested by the
operating department must have approval of all signatories with responsibility for approving
purchases under the assigned fund center(s). The Purchasing Director or designee has final
review and approval authority for purchase order approval.
16:3 Emergency Purchases Over the Formal Competitive Threshold
In the case of an emergency that requires immediate purchase of commodities or services in
excess of the formal competitive threshold, the County Manager or designee is empowered to
authorize the Purchasing Director or design to secure by open market procedure as herein set
forth, any commodities or services. The County Manager or designee has the authority to act in
the case of any emergency including the issuance of emergency change orders /supplemental
agreements. The County Manager or designee will further be authorized to approve payment(s)
to vendors at the time of or shortly after purchase should the circumstances warrant.
16:4 Process and Forms
All purchases under one thousand dollars $1,000 may be made using a purchasing card. All
purchases above one thousand dollars $1,000 will be transacted using a regular requisition form
within the financial management system or a manual "Emergency Purchase Order" form (or
EPO). The Purchasing Director or designee will instruct the operating department as to which
form to use relative to each emergency situation. The operating department will provide a
written explanation on either the manual EPO form or on the requisition as to the nature of the
emergency, terms and conditions and the Board approval date (if applicable).
For purchases above the competitive threshold, the operating department is responsible for
obtaining the signatures of the department director, division administrator, the Purchasing
Director or designee and the County Manager or designee. The operating department is also
responsible for preparing and submitting an executive summary to report the purchase to the
Board at the first available meeting.
16:5 Reporting Requirements
Emergency purchases will be reported to the County Manager or designee, and at the first
available regular or special meeting of the Board of County Commissioners.
This section in no way constrains the provisions of Collier County Ordinance No. 84 -37.
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17. PURCHASING CARD PROGRAM
It is the policy of the County to establish a purchasing card program to enable staff to
make certain small purchases quickly and easily for use during valid public emergency
situations, when a contractor, vendor, or consultant requires the use of a-credif card as
the only available payment method, and as a source of revenue to the County through
credit card rebate programs. The County Manager or designee will establish single
purchase and monthly spending limits that meet the needs of the County in accordance
with approved Purchasing Policies. Purchases made in accordance with this policy will
be ratified by the Board of County Commissioners through a reporting process.
PROCEDURES
The County's Purchasing Card Program is intended to provide a method for employees to
conveniently purchase items while meeting the valid public purpose standards. As such,
employees who use the card and all purchases made with the card must comply with Collier
County Purchasing Policies, and be for a) county business only, b) items not specifically
prohibited in Account Restrictions and c) cost effective purchases that meet the County's
business needs. Detailed guidance is found in CMA 5808, however the following must be
considered.
17:1 Responsibilities
17:2 Limits
17:3 Sales tax compliance
17:4 Rebates
17:5 Fixed Assets
17:1 Responsibilities
The Purchasing Director or designee is responsible for the overall management and operation
of the County's purchasing card program, however, operating department directors have
oversight and responsibility for a) purchases made with cards assigned to their department, b)
authorizing the use of purchasing cards, c) management of transactions in the financial system,
and d) taking corrective steps if necessary.
17:2 Limits
For a single transaction, the limit is one thousand dollars ($1,000) per transaction per card
unless otherwise authorized by the Purchasing Director or designee. The monthly spending
limit is ten thousand dollars ($10,000) per card unless otherwise authorized by the Purchasing
Director or designee. The Purchasing Director or designee may utilize a purchasing card to
place orders that exceed the limits if a) the purchase is to address a valid public emergency; b)
the County will earn revenue through card program rebates; or c) a vendor is requiring the
County to order by purchasing card.
17:3 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
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exemption when the card is presented, the cardholder is authorized to allow the tax to be AOW
charged to the card. 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 three hundred dollars
($300). If the total sale exceeds three hundred dollars ($300), the cardholder's department
director or designee is responsible to ensure the tax is returned to the County for the purchase.
17:4 Rebates
All purchasing cards rebates will be credited to the general fund unless otherwise specified by
the Purchasing Director or designee. It is also important to note that many funding sources
consider such rebates to be program income and may require such rebates to be reinvested in
the grant funded program or project. Refer to funding source guidelines to confirm.
17:5 Fixed Assets
All fixed assets purchased using a purchasing card will be properly recorded and tracked
through the Fixed Assets Section of the Clerk of Courts Finance Division and in accordance with
C MA 5809.
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18. DEBARMENT AND SUSPENSION
It is the policy of the Board to establish a process and procedures by which the County
Manager or designee is authorized to suspend up to one year and /or debar up to five
years vendors, contractors, consultants, and other interested and affected persons from
active participation in obtaining County contracts or suspend a contract for convenience
when such action protects the County's interests and the integrity of the County's
procurement process. Suspensions may be issued for reasons including, but not be
limited to, defective or deficient work not timely remedied; claims filed or reasonable
evidence indicating probable filing of such claims deemed by the County to be frivolous,
non - meritorious or asserted in bad faith; unsatisfactory prosecution of the work; or failure
to comply with contractual requirements. Causes for debarment may include, but are
not limited to, conviction of a criminal offense involving a public or private contract or
subcontract; conviction of a crime indicating a lack of integrity or honesty; conviction
under antitrust laws; serious violation(s) of county contract(s) provisions; refusal to
accept a purchase order, agreement or contract, or perform accordingly; presence of
principals or corporate officers in the business who within the last three years were
principals within another business at the time when the other business was suspended
or debarred; violation of the ethical standards set forth under applicable state or county
laws; debarment of the contractor by another public agency; or any other cause deemed
to be so serious and compelling as to materially affect the qualifications or integrity of the
contractor.
PROCEDURES
The Purchasing Director or designee has the authority to suspend a contractor, subcontractor or
person from consideration for award of new contracts, awards of new purchase orders and work
previously authorized and commenced. A decision to suspend by the Purchasing Director or
designee will be considered final and conclusive with no right of appeal. The suspension and
debarment process is separate from and in addition to the award evaluation and vendor
performance evaluation processes (5. Formal Competition) and includes the following
considerations:
18:1 Reasons for suspension
18:2 Suspension period
18:3 Effects of suspension
18:4 Continuation of current contracts during suspension
18:5 Restrictions on subcontracting during suspension
18:6 Scope of suspension
18:7 Causes for debarment
18:8 Debarment procedure
18:9 Debarment period
18:10 Effects of debarment
18:11 Continuation of current contracts during debarment
18:12 Restrictions on subcontracting during debarment
18:13 Scope of debarment
18:14 Federal debarment, suspension and exclusion
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18:1 Reasons for Suspension
Reasons for suspension(s) may include, but not be limited to, one or more of the following: a)
defective or deficient work not timely remedied, b) claims filed or reasonable evidence indicating
probable filing of such claims deemed by the County to be frivolous, non - meritorious or asserted
in bad faith, c) unsatisfactory prosecution of the work, or d) failure to comply with contractual
requirements. The Purchasing Director or designee may also suspend a contract for
convenience without prejudice against the contractor for reasons beyond the control of the
contractor and in the best interest of the County. Under such suspensions, the contractor will
remain eligible to compete for awards and perform work under other contracts.
18:2 Suspension Period
The suspension period will be determined by the Purchasing Director or designee based upon
the severity of the cause (s), however, such suspension will not exceed three (3) months without
the approval of the County Manager or designee and will not exceed one year unless directed
by the Board. If a suspension precedes a debarment, the suspension period will be considered
in determining the debarment period. The Purchasing Director or designee may reduce the
suspension period upon a written request from the contractor to do so, based on one or more of
the following reasons: a) newly discovered material evidence; b) settlement of a civil judgment,
claim or other action upon which the suspension was based; c) bona fide change in ownership
or management; d) elimination of other causes for which the suspension was imposed; or e)
other reasons that the Purchasing Director or designee might deem appropriate. The
contractor's request must be submitted to the Purchasing Director or designee in writing and
must be based on one or more of the aforementioned reasons. The decision of the Purchasing
Director or designee regarding a reduction of the suspension period will be considered final and
not subject to appeal.
18:3 Effects of Suspension
Except as specifically provided in the Collier County Purchasing Policies, suspended
contractors are excluded from receiving county contracts. Operating departments may not
solicit offers from or award contracts to suspended contractors unless the County Manager or
designee determines that emergency or single source conditions exist and grants written
approval for such actions. Suspended contractors are excluded from conducting business with
the County as agents, representatives, subcontractors or partners of other contractors.
Suspension of contractors will also apply to any existing contracts, including purchase orders,
with the County.
18:4 Continuation of Current Contracts Durinq Suspension
Users may not renew or otherwise extend the duration of current contracts and /or purchase
orders with suspended contractors in place at the time of the suspensions unless the
Purchasing Director or 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.
18:5 Restrictions on Subcontracting During Suspension
When a suspended contractor is proposed as a subcontractor for any contract subject to County
approval, the operating department may not consent to subcontracts with such contractors
unless the Purchasing Director or 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.
18:6 Scope of Suspension
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9/11/2012 Item 11.G.
Suspension applies to all officers, principals, partners, qualifiers, divisions or other
organizational elements of the suspended contractor, unless the suspension decision is limited
by its terms to specific divisions, organizational elements, commodities or services. The
Purchasing Director's or designee's decision includes any existing affiliates of the contractor if
they are specifically named and are given written notice of the proposed suspension and an
opportunity to respond. Future affiliates of the contractor are subject to the pre- existing terms of
the Purchasing Director's or designee's decision.
18:7 Causes for Debarment
Possible 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; 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; or j)
any other cause deemed to be so serious and compelling as to materially affect the
qualifications or integrity of the contractor.
18:8 Debarment Procedure
An operating department may request a debarment action by submitting a written complaint to
the Purchasing Director or designee that explains the reason(s) for seeking debarment and
identifies a recommended debarment period. The Purchasing Director or designee will review
the complaint, verify whether it complies with the provisions of the Collier County Purchasing
Policies, direct any appropriate changes and forward the complaint to the contractor. The
contractor will review the complaint and will provide a written response (with supporting
documentation) to each allegation. The response will be provided to the Purchasing Director or
designee within ten (10) business days of receipt of the complaint. In the event that the
contractor fails to respond to the complaint within the prescribed time period, the complaint, as
forwarded to the contractor, will become an effective debarment decision without further appeal.
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 Purchasing Director or designee will 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 Purchasing Director's decision, the Contractor will have a
maximum of three business days to file an appeal of the debarment decision with the
Purchasing Director or designee. The appeal will be forwarded to and considered by the
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County Manager or designee, who will review the debarment record compiled by the operating
department and the contractor. Should the County Manager overturn the Purchasing Director's
decision, the County Manager will formally cite the reasons for doing so.
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 or designee 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 designee, or
the Executive Director of another Agency, will formally appoint the committee, which will
generally consist of county employees, none of whom may be a member of the department
initiating the complaint. At the discretion of the County Manager or designee, or the Executive
Director of another agency, 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 will appoint a
representative to attend the hearing. The representative will not be considered a voting
member of the committee, but will be available to provide legal counsel to the committee as
necessary. All members appointed to serve on the debarment committee must disclose to the
Purchasing Director or 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.
The Purchasing Director or designee will chair the committee and serve as the Purchasing
Department's representative to the committee. The Purchasing representative will 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.
Where the material facts are in dispute, the committee will 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 will be presumed to be
unqualified and or non - responsive and will be subject to debarment. The committee decision
will be by a majority vote of those voting members in attendance. The committee will 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: a) specific
reasons for the debarment; b) scope of the debarment; and c) period of debarment, including
the effective and expiration dates.
The committee's decision will be issued in writing within twenty (20) business days of the
conclusion of the hearing unless the committee extends this period for good cause.
The Purchasing Director or designee will forward the committee's decision to the contractor and
affiliates involved. Should the contractor object to the committee's decision, the contractor will
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 or
designee, or the Executive Director of another Agency, who will review the debarment record
compiled by the operating department, the contractor and the committee. Should the County
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Manager or designee, or the Executive Director of another Agency, overturn the committee's
decision, the County Manager or designee, or the Executive Director of another Agency, will
formally cite the reasons for doing so.
18:9 Debarment Period
At its sole discretion, the committee will determine the period of debarment. The debarment
period will be commensurate with the severity of the cause(s) and in no event will be the
debarment period exceeds five years without the approval of the Board. 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: a) newly
discovered material evidence; b) a reversal of the conviction, civil judgment or other action upon
which the debarment was based; c) bona fide change in ownership or management; d)
elimination of other causes for which the debarment was imposed; or e) other reasons that the
committee might deem appropriate. The contractor's request must be submitted to the
Purchasing Director or designee in writing and must be based on one or more of the
aforementioned reasons. The decision of the committee regarding a reduction of the debarment
period is final and not subject to appeal.
18:10 Effects of Debarment
Debarred contractors are excluded from receiving County contracts. Operating departments
may not solicit offers from, award contracts to, or consent to subcontractors with debarred
contractors, unless the County Manager or designee, or the Executive Director of another
Agency, 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. The
Purchasing Director or designee will notify all operating 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.
1811 Continuation of Current Contracts During Debarment
Operating 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 Purchasing Director or
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. Debarment will 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 Purchasing Director or designee.
18:12 Restrictions on Subcontracting During Debarment
When a debarred contractor is proposed as a subcontractor for any subcontract subject to
County approval, the operating department may not consent to subcontracts with such
contractors unless the County Manager or designee, or the Executive Director of another
Agency, determines that emergency or single source conditions exist, thus justifying such
consent and approves such decision. The County is not responsible for any increases in
contract costs or other expenses incurred by a contractor as a result of rejection of proposed
subcontractors provided that the subcontractor was debarred prior to the submission of the
applicable bid or proposal offer.
18:13 Scope of Debarment
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9/11/2012 Item 11.G.
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.
18:14 Federal Debarment. Suspension and Exclusion
The federal government has also established a system to ensure that agencies do not solicit
offers from, award contracts, grants, or financial or non - financial assistance or benefits to
contractors that have been debarred, suspended, or otherwise excluded from participation in a
federally funded program (20 COMPLIANCE WITH LAWS AND FUNDING SOURCE
REQUIREMENTS). For federally funded projects the operating department must be familiar
with the federal debarment, suspension and exclusion requirements of that program and comply
with them throughout the term of the project. Contractors can be quickly looked up on a federal
website that is accessible from the Purchasing Department Intranet. Information available
regarding entities debarred, suspended, proposed for debarment, excluded or disqualified may
include names, addresses, DUNS numbers, Social Security Numbers, Employer Identification
Numbers or other Taxpayer Identification Numbers, if available and deemed appropriate and
permissible to publish by the agency taking the action.
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19. CONFLICT OF INTEREST
It is the policy of the County that no officer or employee of the County shall contract with
or have any business dealings with the County whereby they may derive income or
benefits other than those provided as remuneration from the County for their
employment. 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. However, no
officer or employee of the County shall be prohibited from purchasing, at public auction
authorized by law or pursuant to procedures outlined in Section 274.06 Florida Statutes,
Surplus Property Alternative Procedures, used goods or materials from the County on
the same basis as are all other members of the public. Further, the County may
purchase from any employee or officer any real or personal property owned by such
officer or employee that is determined to be needed for County business, provided that
the consideration paid for such property does not exceed its fair market value.
PROCEDURES
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.
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20. COMPLIANCE WITH LAWS AND FUNDING SOURCE REQUIREMENTS
It is the policy of the County when procuring goods or services using County funds, that
each entity and employee under the purview of the Board of County Commissioners
shall comply with all applicable state and federal laws and for grant funded projects,
entities and employees shall comply with all requirements related to the acceptance of
such funding.
PROCEDURES
Compliance with local, state and federal laws as well as the requirements of funding sources is
critical and is the responsibility of all involved in the procurement of goods and services. The
following list represents some, but not all, of the requirements and /or certifications that must be
considered when procuring goods or services:
20:1 Small and Disadvantaged Minority and Women Business Enterprises
20:2 Federal Debarment, Suspension and Exclusion
20:3 Tangible personal property
20:1 Small and Disadvantaged Minority and Women Business Enterprises
Collier County is 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. To that end, Collier County requires 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. There is no 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 permitted and
Collier County will 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. However, there is no preference or set -aside based
on gender, race, national origin or any other such factor.
To implement these standards, Collier County will a) designate the Purchasing Director or
designee to administer this policy; b) utilize outreach programs to identify, register and educate
small businesses and DBEs, MBEs and WBEs to participate in the procurement/contract
process including, such as trade fairs which include representatives from these enterprises,
meetings and social events wherein these enterprises participate, publications aimed at
reaching these enterprises, directories and other reference sources that list these enterprises;
publicize this Policy to encourage these enterprises to participate in the County's procurement
process; take other actions designed to identify these enterprises that seek to provide
commodities and services to the County; c) maintain a list of these enterprises; and d)
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.
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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.
20:2 Federal Debarment. Suspension and Exclusion
The federal government has also established a system to ensure that agencies do not solicit
offers from or award contracts, grants, or financial or non - financial assistance or benefits to
contractors that have been debarred, suspended, or otherwise excluded from participation in a
federally funded program. For federally funded projects, the operating department must be
familiar with the federal debarment, suspension and exclusion requirements of that program and
comply with them throughout the term of the project. Contractors can be quickly looked up on a
federal website that is accessible from the Purchasing Department Intranet. Information
available regarding entities debarred, suspended, proposed for debarment, excluded or
disqualified may include names, addresses, DUNS numbers, Social Security Numbers,
Employer Identification Numbers or other Taxpayer Identification Numbers, if available and
deemed appropriate and permissible to publish by the agency taking the action.
20:2 Tangible Personal Property
For tangible personal property owned by the County, operating departments will comply in
accordance with Florida Statue 274 and CMA 5809.
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Appendix I
Definition of Terms
Agreement (or Contract): A formal document enforceable by law, that is (or is to be) signed by
the County and an independent party (vendor, contractor, consultant or other party) that
obligates the party to provide commodities and /or services to the County and obligates the
County to pay for the commodities or services received or rendered.
Allowance: A line item included in or added to the price, cost or fee schedule of an agreement
that is used in limited instances where the County anticipates the likely need for commodities or
services not otherwise accounted for in the contract price that cannot be precisely specified or
fully quantified in advance. Allowances will appear as specific line items in the contract by
general categories with specific dollar amounts for each category.
Amendment: An instrument executed by the County and the vendor (or other parties) under
contract that enables the parties to modify terms, conditions or attachments in the agreement.
The amendment instrument will typically be used to affect changes to the agreement that do not
pertain to the scope of the work or specifications, the quantity of one or more line items, the
delivery schedule or the total dollar amount of the agreement.
Attachments: Addendum, attachments, exhibits or schedules to the Agreement. Each of
these terms generally have the same meaning, and may be used interchangeably between
forms of agreement.
BCC or Board Approval: The direct approval by the Board of County Commissioners, Collier
County ( "BCC ") in open, public session.
Bidder / Proposer: A person or organization presenting a bid, offer or proposal to the County.
Change Order: An instrument executed by the County and the vendor (or other party) under
contract that enables the parties to formally modify the scope of the work or the specifications,
the quantity of one or more line items, the delivery schedule or the total dollar amount of the
agreement.
Change by Letter: An instrument to be used for zero dollar changes, including, but not limited
to the following examples: Time extensions not exceeding twenty (20) percent, adjustment in
scope, task allocation and quantity adjustments, re- allocation of dollar amounts between tasks
and /or allowances.
Concession Agreement: An agreement between the County and a vendor that provides or
maintains commercial or retail services /equipment at one or more County locations for a fixed
period of time.
CCNA: Refers to "The Consultant's Competitive Negotiation Act" or Section 287.055, F.S.,
which governs the acquisition of architectural, engineering, landscape architectural, mapping
and /or surveying services.
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9/11/2012 Item 11.G.
Contract (or Agreement): A formal document enforceable by law, that is (or is to be) signed by
the County, and may be signed by an independent party (vendor, contractor, consultant or other
party) that obligates the party to provide commodities and /or services to the County and
obligates the County to pay for the commodities or services received or rendered.
Contract Amount: The current maximum or fixed amount payable under the contract during
the contract period.
Construction Manager: A method of construction contracting where the County hires a
licensed general contractor to evaluate the constructability of the project design during the
design phase and to construct the design under a negotiated guaranteed maximum price.
Contract Modification Check List: A standard County form, maintained by the Purchasing
Director or designee, which is required to be completed and included with the Contract
Modification document. This form is to be used in conjunction with change orders, changes to
purchase orders, supplemental agreements and amendments relating to construction and
consultant agreements. The form also includes instructions on how to fill out the form and a
sample scenario of tracking the percentage of increases based on the "Last BCC Approval."
Contract Modification Document Includes change orders, amendments, changes to
purchase orders, supplemental agreements and work directives.
Contractor / Vendor / Supplier: A person, organization, company, or firm selling commodities
or services to the County.
Cumulative Change in Contract Amount: The aggregate difference between the original
contract amount and the subsequently modified contract amount.
Cumulative Change in Purchase order Amount: The aggregate difference between the
Original Purchase order Amount and the modified purchase order amount.
Cumulative Retainage: 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).
Debarment: Action taken by the County to exclude a contractor from County contracting and
County- approved subcontracting.
Deliverables: The commodities furnished and /or services rendered by the vendor under the
terms and conditions of the agreement.
Division Administrator: The Administrator of the Division that includes the operating
department that is responsible for administering and managing the procurement in the delivery
of service.
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Extension of, or Extend a contract: Continuing a contract for a period of time beyond the
original completion date otherwise under the same terms, conditions and schedules. Extensions
are typically (but not strictly limited to) for a period of six (6) months or less.
Final Completion: The certification by the County's project manager in concert with the internal
and external members of the project delivery team that all deliverables specified under the
agreement has been furnished pursuant to the terms and conditions of the agreement and those
variations thereto have been properly reconciled.
Fixed Term Contract: Utilized for the purchase of commodities or services that are available
for use Countywide by all departments 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 contract(s). Typically, the term and fee
schedules are fixed for a period of time. These contracts are executed through the use of a
purchase order and may be awarded to multiple firms.
Fully Executed: Contract documents have been signed by all parties to the agreement.
General Services Agreement (short form): A simpler more concise form of contract that is
generally used for fixed term services or non -CCNA related services.
Local Business: 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 will not by be
used for the purpose of establishing said physical address. In addition to the foregoing, a vendor
will 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 must 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.
Lump Sum Contract: An agreement that is based upon a total, firm price that cannot be
exceeded without prior approval from the County. Payment under lump sum contracts may be
issued in a single or multiple ( "progress ") payments.
Notice to Proceed: A formal letter or other document issued by the County directing a
vendor(s) to proceed with the performance of the work under a previously- executed agreement.
Operating Department: The organizational operating unit within the County that is responsible
for administering and managing the procurement in the delivery of service.
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Operating Department Director: The director of the operating department (or their designee)
responsible for administering and managing the procurement in the delivery of service.
Preponderance of the Evidence: Proof by information that, compared with that opposing it,
leads to the conclusion that the fact at issue is more probably true than not.
Professional Service: Assistance obtained in support of County operations from an
independent contractor in one of the following fields: appraisal services; architecture,
professional engineering, landscape architecture, or registered land surveying service (as per
Section 287.055, F. S.) and audit and accounting services (as per Section 218.391, F. S.).
Procurement Specialist / Strategist: The staff member in the Purchasing Department
assigned primary responsibility for providing solicitation and contract related guidance and
assistance from the commencement of a solicitation through the completion of the contract
close out phase.
Progressive Notification: A system of contract performance management and communication
where issues are resolved in a direct, simple, fair and appropriate manner commensurate with
the nature and severity of the issue(s).
Project Manager: The County employee responsible for overseeing and ensuring the
successful completion of a capital project or a given purchase.
Protesting Party: Any actual or prospective bidder or respondent to an Invitation for Bids or a
Request for Proposals, who has a substantial interest and alleges to be aggrieved in connection
with the solicitation or award of a contract.
Purchase Order: A formal document enforceable by law, that is signed by the County and that
obligates the party to provide commodities and /or services to the County and obligates through
and encumbrance of appropriated funds directed to a single vendor to pay for the commodities
or services received or rendered.
Purchasing Director or Designee: The Director of the Collier County Purchasing / General
Services Department, or a Purchasing designee assigned by the Director to complete
procedural responsibilities.
Reciprocity: The practice of exchanging mutually beneficial or cooperative policies or privileges
to another agency.
Renewal of, or to Renew a contract: A pre- defined option on the part of the County (and
generally agreed upon by the vendor) to continue the contract for an additional period(s) of time,
beyond the original or preceding contract period, generally under the same terms and conditions
SAP: The County's integrated financial management solution wherein purchase requisitions,
purchase orders, vendor contracts and payments are entered and processed.
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Schedule of Values (SOV): An exhibit or schedule within an agreement that identifies major
components of the work within the agreement and assigns a dollar value to each component.
Small and Disadvantaged Minority and Women Business Enterprises: 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. and as
referenced in Section 337.139.
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.
Substantial Completion: The state in the progress of the Work (e.g.; Improvements, products,
equipment, services) when the Work (or designated portion) is sufficiently complete in
accordance with the Contract Documents so that the County can occupy or utilize the Work for
its intended use.
Supplemental Agreement: An instrument to change a contract that is used almost exclusively
under road construction and other transportation- related contracts. Unless expressed otherwise
within a given agreement, the term will have the same effective meaning as the term "change
order." Generally, supplemental agreements will be processed in the manner prescribed for
change orders as set forth in these procedures.
Supplier / Contractor / Vendor: A person or organization selling commodities or services to
the County.
Suspension: Action taken by the Purchasing Director or designee to temporarily disqualify a
contractor from County contracting or County- approved subcontracting.
Termination for Convenience: The right of the County to cancel performance of part or all of
a contract to serve its interests where the performance or status of the vendor /contractor is not
deemed to be the cause of the termination action. Generally, all County contracts will contain
such a clause and in some instances, the clause may be mutual.
Termination for Default: The right of the County to cancel performance of part or all of a
contract to protect its interests where the performance or status of the vendor /contractor is
deemed to be the primary cause of the termination action. Generally, all County contracts will
contain such a clause.
Time and Materials Contract: Utilized in instances where it is not possible to accurately
estimate or identify the extent or the duration of or total costs associated with work to be
procured. In such instances, a rate (or other unit price schedule) is negotiated along with a
method for reimbursing costs. The time and materials method may be used in whole or in part
with a compensation schedule, depending on circumstances.
Vendor / Supplier / Contractor: A person or organization selling commodities or services to
the County.
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Waiver / Waiver Form: The act of requesting, and intentionally giving up through Board action,
the County's policy of competition in the purchasing process.
Work: The completed product, equipment, system and /or services and any component parts as
set forth in the contract documents.
Work Directive Change: A written directive issued by the project manager to a contractor in
instances where the parties cannot agree on prices and /or costs associated with work arising
from differing, unforeseen or emergency site conditions and the work in question is part of the
"critical path" of the contract schedule.
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