Agenda 05/27/2008 Item # 9G
Agenda Item No, 9G
May 27, 2008
Page 1 of 32
EXECUTIVE SUMMARY
FOR THE BOARD OF COUNTY COMMISSIONERS TO ADOPT A RESOLUTION
SUPERCEDING COLLIER COUNTY RESOLUTION NO. 07-340 AND AMENDING THE
PURCHASING POLICY TO INCLUDE A LOCAL PREFERENCE POLICY AND
PROCEDURE.
OBJECTIVE: For the Board of County Commissioners to adopt a Resolution superceding Collier
County Resolution No. 07-340 and amending the Purchasing Policy to include a local preference
policy and procedure.
CONSIDERATIONS: That implementing a "Local Vendor Preference" policy into the current
Purchasing Policies will enhance service to Collier County and its residents.
A Local Preference Policy will:
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. Facilitate strategic alliances between local companies and those from outside of Collier
County.
. Encourages companies to locate in Collier County based on these strategic alliances,
creating employment opportunities and economic benefit to the Collier County economy.
. Strategic alliances provided enhanced expertise and capabilities for our local companies
gained from association with the outside firms.
. Allows services provided to Collier County to be focused on local priorities through
local company leadership of these strategic alliances.
. Strategic alliances facilitate improved quality of services by balancing local awareness
with outside expertise and experience.
. Through interlocaI agreements with adjacent jurisdictions, local companies gain access to
additional opportunities outside of Collier County through the connections built between
these communities.
How a Company Gains Local Preference Designation:
. Collier County would receive statements from local companies wishing to be eligible to
receive local preference consideration. These statements would document the local
company's adherence to the requirements of Collier County and would certify by
signature of a principal of the company, that the statement is true and correct.
. Collier County would review the statements for completeness and con'ectness. If the
statements are in order, Collier County would grant the company eligibility for local
preference as a part of procuring services.
. Annually, Collier County would audit a limited number of these certified statements. If
they find irregularities, they will take appropriate actions against offending companies.
How the Local Preference Policy Would Work:
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. For work that involves bidding by contractor's the Collier County would allow local
companies who bid higher than, but within 10% of, the lowest non-county company to
contract for the work at the lowest bid price; not the local company's bid.
. For services that are awarded on a technical qualifications basis, like professional
consulting, Collier County would select the local company with the highest technical
Agenda Item No, 9G
May 27, 2008
Page 2 of 32
score, so long as they are within 10% of the higher non-local company's score. Collier
County would then negotiate, as is the case today, with the local firm to establish the cost
of providing these professional services.
. Where Collier County feels that specialized services or capacity to serve is of critical
importance on a particular procurement, the local preference ordinance provisions can be
waived.
A Local Preference Policy Does Not Increase Cost of Services:
. For work awarded through low bid processes the local contractor benefiting from the
local preference is not offered the contract at their bid price, but instead at the lowest
amount bid by all of the contractors. This means that competition sets the price. Period.
. For work awarded on a professional qualifications basis and not price, the local
professional services provider benefiting from the local preference must still demonstrate
through negotiations that their scope of work and pricing still falls within the value
parameters of Collier County. If the County feels their prices are not competitive, they
can reject the local consultant's offer and negotiate with the next ranked entity.
. In both cases, the cost that the County pays is based on the competitive circumstances,
thereby not increasing the cost of services to Collier County.
A few additional facts:
. Local Preference Policies have become a normal part of governing in Florida as well as
throughout the Country.
. Most jurisdictions in Florida use Local Preference Policies in their procurement
processes, including Miami.Dade, Broward, Palm Beach, Fort Myers, Tampa, Orange
County, to name a few.
. In the communities where they exist, local preference policies have diversified and
enhanced the local sen'ice capabilities to the communities.
. Where a local preference ordinance has been established you find enhanced competition
that is focused through local companies
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: None
LEGAL CONSIDERATIONS: The proposed Resolution, which is legally sufficient for Board
action, amends the current Collier County Purchasing Policy by inserting as new Subsection XI a
Local Preference and Procedure Policy. Except for renumbering the remainder of the Purchasing
Policy, no additional changes to the Purchasing Policy are being made. . JAK
RECOMMENDATION: That the Board of County Commissioners adopt the Resolution
implementing local company preference into the Collier County Government Purchasing Policies
and include Exhibit A "Procedure to Provide Preference to Local Businesses in County Contracts" as
the policy guidelines.
Prepared by: Commissioner Tom Henning
Page I of 1
Agenda Item No, 9G
May 27, 2008
Page 3 of 32
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
9G
This item to be heard at 10:30 a.m. Recommendation to adopt a Resolution superceding
Collier County Resolution No. 07 ~340 and amending the purchasing policy to include a Local
Preference Policy and Procedure. (Commissioner Tom Henning)
Meeting Date:
51271200890000 AM
Prepared By
Sam Tucker
Executive Aide to the Bce
Date
Board of County
Commissioners
Bce Office
5120/20083:24:51 PM
Approved By
Sue Filson
Executive Manager to the Bee
Date
Board of County
Commissioners
BCC Office
5/20/20083:50 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5120/2008 4:22 PM
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file:/ /e :\AgendaTest\Export\ 1 08-May%2027, %202008\09 .%20BOARD%200F%20COUN... 5/21/2008
Agenda Item No. 9G
May 27, 2008
Page 4 of 32
RESOLUTION NO. 2008-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS SUPERCEDING COLLIER COUNTY
RESOLUTION NO. 07-340 AND AMENDING THE
PURCHASING POLICY TO INCLUDE A LOCAL
PREFERENCE POLICY AND PROCEDURE,
WHEREAS. Collier County Ordinance 87-25 provides for the establishment of a
purchasing policy to govern all aspects of purchasing administration; and
WHEREAS, the Board of County Commissione" on November 27, 2007, adopted a
purchasing policy by Resolution No, 07-340; and
WHEREAS, the Board of County Commissioners desires to amend the purchasing policy
to include a local preference policy and procedure for local businesses; and
WHEREAS, Collier County is home to many great locally owned companies, large and
small. and these local companies employ many local citizens; and
WHEREAS, diversification and expansion of the County's economy is essential to its
economic and fiscal stability; and
WHEREAS, in FY2007, Collier County Government paid a total of $483 million in
purchase orders; of this amount, less than half of these funds went to local companies; and
'WHEREAS, the average percentage of County goverrunent monies spent with local
companies over the last three fiscal years is 42.7%; and
WHEREAS, numerous other local governments in Florida offer their local firms similar
local preferences, limiting opportunities for Collier County local businesses; and
WHEREAS, in an effort to provide 8 positive impact on our local economy and expand
the capabilities and capacities of our local companies, the Board of County Commissioners
desires to provide locally owned and operated companies preference in the purchasing policy
system within Collier County Government; and
WHEREAS, County government and county residents will benefit from local business
retention as these companies pay local real estate taxes and are more likely to employ local
residents who live in our County and spend in our local economy; and
WHEREAS, local businesses contribute to the local tax base and reinvest their dollars
back to local communities through jobs and the support of local not-for-profit organizations; and
WHEREAS, the Board feels this is an important public policy to show loyalty and
respect to the owners and employees ofloeaI companies; and
Agenda item No, 9G
May 27,2008
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WHEREAS, it is the Board's intent to promote the expansion of Collier County's local
business capability and capacity.
NOW, TIIBREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board of County
Commissioners hereby supercedes Resolution No. 07-340 and amends the Collier County
Purchasing Policy to include a Local Preference Policy and Procedure.
THIS RESOLUTION ADOPTED after motion, second and majority vote this _
dsyof
,2008.
ATTEST:
DWIGlIT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
TOM HENNING, CHAIRMAN
, Deputy Clerk
Ap roved as to form
an e suffi 'c cy:
kow
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Agenda Item No, 9G
May 27, 2008
Page 6 of 32
PURCHASING POLICY OF COLLIER COUNTY
I. ESTABLISHMENT OF PURCHASING POLICY
Ordinance No, 87-25 provides for the adoption of a Purchasing Policy. Collier County
Resolution No, 97-435 establishes the following Purchasing Poiicy.
II. PURCHASING DEPARTMENT RESPONSIBILITIES
A. The Purchasing Department shall be responsible for:
1, Seekino Maximum Value: Act to procure for the County the highest quality
commodities, supplies and contractual services at least expense to the
County.
2. Encouraolno comoetitlon: Endeavor to obtain as full and open competition as
possibie on all purchases and sales,
3. Procedures: Establish and amend, when necessary, operational procedures
for the implementation of the Purchasing Policy provided by ordinance, Said
procedures shali become effective only when approved in writing by the
County Manager, Copies of the procedures shall be maintained on file in the
office of the Purchasing Department.
4. Purchasino Analvsis: Keep informed of current developments in the field of
purchasing, prices, market conditions and new products, and secure for the
County the benefits of research conducted in the field of purchasing by other
governmental jurisdictions, national technical societies, trade associations
having nationai recognition, and by private business and organizations,
5. Purchasino Manual: Prescribe and maintain a standard Purchasing Manuai
for all using agencies, The content of said manual will be governed by this
Policy,
6. Forms: Prescribe and maintain such fonns as shali be found reasonabiy
necessary to the operation of this Policy.
7. Vendor Certification: Document that vendors doing business with the County
have acknowledged their understanding and acceptance of the terms and
conditions of the County's Purchasing Policy and have agreed to abide by
those terms,
8, Bulk Purchases: Exploit the possibilities of buying "in bulk" so as to take full
advantage of discount.
9, Vendors' Cataioo Fiie: Prepare, adopt and maintain a vendor's catalog file.
Said catalog shall be organized according to materials and/or services and
shall contain descriptions of vendors' commodities, prices and discount.
10. Tax Exemotions: Act so as to procure for the County tax exemptions to which
it is entitled,
11, Coooeration: Cooperate with using agencies so as to secure for the County
the maximum efficiency in budgeting and accounting.
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May 27, 2008
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12, Susoension and Debarment of Vendors: To oversee and facilitate the
suspension and/or debarment of vendors as set forth under Section XXVIII of
this policy.
13, Inouirv and Control: Have full authority to question the quality, quantity, and
kinds of items requisitioned in order that the best interests of the County are
served. The Purchasing Director shail have final approvai authority for all
purchases at or beiow the formal competitive threshoid, To ensure the timely,
proper and orderly acquisition of services to the various using agencies, all
authority granted to the Purchasing Director in this policy may be formaily
delegated by the Purchasing Director in whole or in part to appropriate staff
members within the County Manager's agency,
III. PURCHASES NOT EXCEEDING $3,000
Purchases that do not exceed $3,000 may be approved by the Purchasing Director
without informal or formal competition by means of a purchase order, purchasing card or
formal agreement (or any combination therein) as defined under this policy or deemed
appropriate by the Purchasing Director.
IV, INFORMAL COMPETiTION (PURCHASES EXCEEDING $3,000 BUT NOT GREATER
THAN $50,000)
A. Ail purchases exceeding $3,000 but not more than $50,000 shall be awarded by
the Purchasing Director to the qualified and responsive vendor submitting the
lowest or best overall quote which meets all specifications, unless the requirement
for competition is waived by the Purchasing Director in accordance with Section
4,B. Ail such purchases may be solicited and awarded without formal public
announcement and without formal competition,
1, Minimum Number Quotes: Open market purchases or sales in excess of
$3,000 but less than or equal to the formal competitive threshoid shail be
based on a good faith effort by the Purchasing Department or the using agency
to obtain at least three (3) competitive quotes (including ail "no quote"
responses), Award shall be made to the lowest, qualified and responsive quote
in accordance with the standards set forth in this Poiicy.
2, Solicitation of Quotes: The Director may solicit quotes oraily, written, or
electronicaily for open market pricing or sale, using available bidders' and
supplier lists. The Director shall determine in which instances quotations shail
be solicited in writing. Further the Director shail determine which agency (e,g,;
Purchasing or the using agency) shail obtain the quotations, Ail quotes in
excess of ten thousand dollars $10,000 shali be tendered or confirmed in
writing or electronicaily submitted by the vendor prior to purchase,
3. Public Record: The Director shail keep a record of ail open market quotes
submitted and such records shall be open to public inspection after award has
been made.
B.
The requirements for requesting quotes from three (3) or more sources are waived
and do not require Board action for:
1. Purchase of library books, education and/or Personnel tests, similar audio
visual materiais, periodicals, printed library cards, etc.
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2. Professionai services; and, in instances when authorized by the Purchasing
Director where commodities or services are purchased directly from the owner
of a copyright or patent, a governmental agency, a recognized educational
institution, a not-for-profit entity or when there are no other identifiabie sources
available.
3. Purchases that the Director has determined to be legitimate single source
purchases,
4. Valid public emergencies or other instances deemed by the Director to be in
the best interests of the County.
5. Purchase of services from experts or consultants by or through the Office of
the County Attorney for purposes of preparing for or defending against
imminent or pending civil iitigation or administrative proceedings.
C, All purchases greater than $1,000 but less than or equal to $3,000 wiil generally be
processed using a regular purchase order, However, such purChases may be
processed using a purchasing card in accordance with Section XXIII of this policy,
V. FORMAL COMPETITIVE THRESHOLD (Purchases in excess of $50.000)
A, It is the intent of the Board of County Commissioners to establish an amount of fifty
thousand dollars ($50,000) as the County's formal competitive threshoid for
purchases, The established iimlt shall be applied to all methods of purchase by
agencies under the purview of the Board of County Commissioners, including but
not limited to competitive seaied bids, competitive proposals and competitive
selection and negotiation. The requirement for formal competition may be waived
by the Board of County Commissioners where permitted by law, under the
following circumstances:
1, Purchase of library books, education and/or personnel tests, similar audio
visual materials, periodicals, printed library cards, etc.
2, Single source purchases (pursuant to subsection C),
3, Valid pubiic emergencies (pursuant to Section XX),
4, Where it is determined to be in the best interests of the County to do so.
B, All purchases subject to formal competition shall be awarded by the Board of
County Commissioners unless otherwise delegated by the Board via formal public
action.
C, Exemotion For Sinale Source Commodities: Purchases of commodities and
services from a singie source may be exempted from formal competition upon
certification by the Purchasing Director of both of the following conditions:
1, The item(s) is the only one available that can properly perform the intended
function(s);
2, The recommended vendor/contractor is the only one ready, willing and able to
meet the County's requirements.
All Single Source purchases in excess of the formal competitive threshoid shall be
exempted from formal competition by the Board, Recurring single source
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Agenda Item No, 9G
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purchases shall not require subsequent Board approval (in the same or in any
subsequent fiscai year) provided that there are sufficient budget appropriations to
make each purchase. Purchases less than or equal to the formal competitive
threshold may be exempted from competition by the Purchasing Director, as
permitted by law
D. Use of Past Performance Data: In order to promote the qualitative delivery of
commodities and services, County departments shall record and consider the past
performance of vendors in the award of contracts exceeding the formal competitive
threshoid, This objective shall be accomplished as follows:
1, The Purchasing Department shall be responsible for each of the following:
a, Deveioping, implementing and maintaining appropriate administrative
procedures, instructions and technologies necessary to collect and access
vendor performance data.
b, Ensuring that relevant past performance data is properly gathered and
considered prior to award of subsequent contracts.
2. Using agencies shall be responsible for each of the following:
a. Conducting periodic performance evaluations of vendors under contract
with the County pursuant to the procedures established pursuant to
subsection VD.1 a,
b, Considering the past performance of vendors during the evaluation of
formal bids and proposals for subsequent contract awards as set forth in
the administrative procedures referenced under subsection V.D.1a,
VI.
COMPETITIVE BID PROCESS
Any purchase of commodities or services costing in excess of the formai competitive
threshold shall be accomplished by competitive sealed bid, by competitive selection and
negotiation (per section VII) or by competitive proposals (per section VIII). Award of Bid
Contract shall be made by the Board to the lowest, qualified and responsive bidder
except where otherwise provided for in this policy or unless an exception is granted by
the Board, Bid limits for requirements utilizing federal or state funds will be those
required by said agency granting the funds or the County's requirements, whichever
takes precedence.
A. Notice Invitino Bids:
1. Announcement: Notice inviting bids shall be pubiicly posted by the Purchasing
Department in a consistent public location at least ten (10) days preceding the
last day established for the receipt of bid proposals, Bids may be solicited
and/or received in one or more steps as permitted by iaw and deemed
appropriate by the Purchasing Director.
2. Scope of Notice: The pubiic notice required herein shall include a general
description of the commodities/services to be purchased or sold, shall state
where bid instructions and specifications may be secured and the time and
place for opening bids.
3. Bidders' List: The Director shall also solicit sealed bids from qualified
prospective vendors/contractors who have registered their names on the
Collier County Purchasing Department vendor database, which will
eiectronically send them a notice of the proposed purchase or sale. Notices
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Agenda Item No. 9G
May 27, 2008
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sent to the vendors/contractors on the Coliier County Purchasing Department
vendor database shall be limited to commodities or services that are similar in
character and ordinarily handled by the trade group to which the notices are
sent. Vendors/contractors are responsible for maintaining their profiies in the
database to ensure proper notifications are received, Vendors/contractors may
be removed from the database by the Director for continual non-response to
formal solicitations and violations to the Purchasing Policy. The Director shall
have the discretion to continue to issue formal solicitations and accept formal
bids, proposals and other tenders using paper where appropriate.
4. Bid DeDosits: When deemed necessary by the Director, bid deposits shall be
prescribed in the public notices inviting bids, Said deposits shall be in the
amount equal to five percent of the bid submitted. The Director shall have the
authority to return the deposits of all bidders prior to award of bid contract by
the Board of County Commissioners. A successfui bidder shall forfeit any
deposit required by the Director upon failure on the vendor's part to enter into a
contract within ten (10) working days after written notice of award.
5. Bid Addenda: An addendum to a specification shall be defined as an addition
or change in the aiready prepared specifications for which an invitation has
been issued for formal quotations or an announcement has been posted for a
formal seaied bid. Any addendum to a request for formal sealed bids shall be
approved by the Department Director or designee and the Purchasing Director.
The addendum shall clearly point out any addition or change to the invitation
for bids. The Purchasing Department shall be responsible for insuring that
addenda are available on the e-procurement website and that all prospective
bidders who have downloaded specifications are notified of the addendum prior
to opening of bids,
B, Procedure for Bids:
1. Seaied Bids: Sealed bids shall be submitted manually or electronically to the
Director and if manual shall be clearly identified as bids on the outside of the
sealed envelope,
2. ODenino: Bids shall be opened publicly at the time and place stated in the
public notices and shall be witnessed and certified by the Purchasing
Department.
3, Tabulation: A tabulation of all bids received shall be made either electronically
or manually by the Purchasing Department and shall be available for public
inspection,
C, Tie Bids: Where there are iow tie bids, the award process shall first be subject to
Section 287, F.S. Should a tie still exist among two or more bidders and if the
purchase is funded in whoie or in part with interagency grant funds, the lie shall be
broken in accordance with the grant conditions or the grantor agency's procedure
governing such matters. If no interagency grant funds are appropriated for the
purchase and anyone of the low qualified vendors has a principal place of
business located in Collier County, the bid shall be awarded to the local bidder,
D, Reiection Of Bids And Neootiation:
1, The Board of County Commissioners shall have the authority to reject any and
all bids,
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May 27, 2008
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2, If the lowest, qualified responsive bid exceeds the budgeted amount and if the
purchase is not funded in whole or in part with interagency grant dollars, the
Purchasing Director may negotiate changes with the apparent iowest qualified
and responsive bidder that will bring prices into budgeted limits subject to the
final approvai and acceptance of the Board. If the budgeted amount includes
grant funds, the Purchasing Director shall be authorized to conduct such
negotiations provided said actions are not prohibited by law or the grant
conditions.
3. If no bid is received. the Board of County Commissioners may authorize the
Purchasing Director to purchase by negotiation under conditions most
favorabie to the public interest and when said purchase will result in the lowest
ultimate cost of the commodities or services obtained.
E. Waiver Of Irreoularities: The Board of County Commissioners shall have the
authority to waive any and all irregularities in any and all formal bids.
F. Award Of Bid Contract: The Chairman, when authorized by majority vote of the
Board or as otherwise provided for in this policy, shall execute formal contracts
having a binding effect upon the County. Formal, bilateral contracts shall not be
required where a purchase order is sufficient. A formal contract shall be awarded
by the Board of County Commissioners to the lowest quaiified and responsive
bidder. In addition to the price shall be considered the following:
1. The ability. capacity and skill of the bidder to perform the contract.
2, The ability of the bidder to perform the contract within the time required or the
least time, if appropriate, without delay or interference,
3. The experience and efficiency of the bidder,
4, The quality and performance of previous contracts awarded to the bidder.
5. The previous and existing compliance by the bidder with laws and ordinances
relating to the contract.
6, The quality, availability and adaptability of the commodities or contractual
services to the particular use required.
7. The ability of the bidder to provide future maintenance and service (where
applicable),
All recommendations for award for bid contract will be reviewed and approved by
the Purchasing Director prior to presentation to the Board of County
Commissioners.
Bidders competing for a prospective bid award (and their agents/representatives)
will not be permitted to publicly or privately address the Board regarding a
prospective purchase prior to the time of award unless requested to do so by the
Purchasing Director or by a majority vote of the Board.
VII. PROCUREMENT OF PROFESSIONAL SERVICES
A.
Because differences in price may only be a minor concern compared to qualitative
considerations, professional services may be exempted by the Purchasing Director
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from the competitive bidding process. Instead, professional services will be
typically acquired through one of the following methods:
1. Competitive Selection and Negotiation.
2, Competitive Proposais (pursuant to Section VIII),
B. A professional service shall be defined as assistance obtained in support of County
operations from an independent contractor in one or more of the following
professional fields:
1, Appraisal Services - real and personal property appraisers,
2, Architecture, professional engineering, landscape architecture, or registered
land surveying services (as per Section 287,055, F,S,),
3, Audit and Accounting Services - auditors and accountants (excepting the
selection of the annual auditor which shall be conducted as per Section 11.45,
F,S,),
4. Consultants - planning, management, technological or scientific advisors.
5. Financial Services - bond counsel, rating and underwriting, financial advisor,
and investment services,
6, Legal Services - attorneys and legal professionals.
7, Medical Services - medicine, psychiatry, dental, hospitai, and other health
professionals.
C. Requests exclusively for services defined under VII.B.2 will be procured in a
manner consistent with Section 287.055, F,S., known as "The Consuitant's
Competitive Negotiation Act" as required by said statute, Projects may include, but
are not strictly limited to one or more of the following:
1. Fixed assiqnment contracts: A grouping of minor professional service
(including construction inspection services) assignments,
2. Fixed term contracts: Countywide agreements for various and miscellaneous
minor professional services (including construction inspection services) on an
as needed basis,
3. General Professional Services: Includes administration, support and
management of engineering, architectural, surveying and planning activities.
The Director shall be authorized to approve all work orders where the maximum
initial dollar amount does not exceed two hundred thousand dollars ($200,000) and
where the maximum initiai contract amount does not exceed seven hundred fifty
thousand dollars ($750,000), Any work order and/or contract that exceeds that
amount subsequent to award and prior to completion of the work shall be subject to
the provisions of Section XIV,C of this resolution. Projects shall not be sub-divided
to circumvent the dollar thresholds established herein.
All fixed term agreements issued under this section shall be eligible for extension
or renewal in accordance with the provisions of Sections XIV.D and E respectively.
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D. For all service procurements in excess of the formal competitive threshold under
the Competitive Selection and Negotiation method, authority to announce and
distribute Requests for Proposals or Letters of Interest and Qualifications and to
appoint and empower a selection committee shall be pursuant to Section VIII.B,
hereof.
E, Final selection of the professional service provider (award of contract) shall be
made by the Board of County Commissioners.
F. Purchases for all professional services estimated to be equal to or less than the
formal competitive threshold may be approved by the Purchasing Director, as
permitted by law.
G. Requests for outside legal services will be referred to the County Manager and the
County Attorney for review and comment as to whether said services are
necessary and/or appropriate. Requests for outside legal services may be
exempted from formal competition by the Board of County Commissioners at the
request of the County Manager or County Attorney.
H. The acquisition of services from experts or consultants for purposes of preparing
for or defending against imminent or pending litigation or administrative
proceedings shall be exempt from all competitive requirements of this policy. Any
such acquisitions that do not exceed ~50,000 may be approved by the County
Attorney and the Purchasing Department, but will be reported at a regular meeting
of the Board for ratification.
VIII. COMPETITIVE PROPOSALS
A. The Competitive Proposals process is a method of contract selection that may be
utilized by the Purchasing Director under circumstances where one or more of the
following conditions exist:
1. Where qualitative considerations are of equal or greater concern than pricing
considerations.
2. Where the conditions of the purchase do not lend themselves to the formal
sealed bid process or the award of a firm, fixed fee contract.
3. Where the County is incapable of specifically defining the scope of work for
which the commodity(s) or service(s) is required and where the qualified offer
is asked to propose a commodity(s) or service(s) to meet the needs of the
County.
4, Where the County desires to enter into a single contract for the design and
construction of a public construction project(s),
B.
For purchases in excess of the formal competitive threshold and where appropriate
or required by law, the competitive proposals process will be utiiized. The process
will be conducted in a manner similar to the sealed bid process as set forth under
Section VI except where otherwise stated in this section. The competitive
proposals process shall proceed as follows:
(
1. A Request for Proposals (RFP) will be prepared and distributed in a manner
consistent with the definition of said term found in Section 2 of Collier County
Ordinance No, 87-25, Notice of said request(s) shall be publicly posted by the
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May 27,2008
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Purchasing Department at least 21 calendar days preceding the last day
established for the receipt of proposals,
2. Each Request for Proposals shall identify the appropriate evaluation
procedures and criteria to be appiied to the selection of the best proposai
among the respondents. Each RFP pertaining to the award of a design/build
contract(s) shall be subject to the requirements of Section 287.055 F,S,
3. Prior to the announcement and distribution of the RFP, a selection committee
shall be appointed by the County Manager to evaluate the proposals received,
For all purchases made under the Competitive Proposals method, the County
Manager may empower the selection committee to designate and rank the
proposals prior to the commencement of negotiations and to negotiate a
tentative agreement, subject to award by the Board.
4. Proposals may be solicited and/or received in one or more steps as penmitted
by law and deemed appropriate by the Purchasing Director. Unless otherwise
prohibited by law, the Purchasing Director shall have the discretion to solicit
and conduct simultaneous or concurrent negotiations with one or more firms.
C, For purchases in excess of the formal competitive threshold, final selection of the
awardee will be made by the Board of County Commissioners.
D, Purchases less than or equal to the formal competitive threshold may be
authorized by the Purchasing Director, as permitted by law and shall not require
formal solicitation or announcement unless deemed necessary by the Purchasing
Director.
IX. PROCUREMENT OF DESIGN/BUILD CONTRACTS
A. Procurements for the design and construction of public construction projects may
be obtained through a single contract with a firm selected in a manner permitted
under Section 287.055, F.S. and the procedures set forth in this section.
B. Upon completion of the Design Criteria Package, procurements of Design/Build
services shall be processed in a manner consistent with Section VIII hereof entitled
"Competitive Proposais",
C, Administrative procedures shall be established by the County Manager or his
designee for utilization of the design criteria professionai concerning the evaluation
of the proposals submitted by the design/build firms, the supervision or the
approval by the County of the work drawings of the project and evaluation of the
project construction with the design criteria package.
D. The Board of County Commissioners may declare a public emergency, where
appropriate and authorize the using agency to negotiate an agreement for Board
approval with the best quaiified design-build firm available at that time,
X, Small and Disadvantaoed Minoritvand Women Business Enterprises
A. Poiicv Statement: Collier County stands committed to providing equal opportunities
to small businesses and disadvantaged business enterprises (DBE), minority
business enterprises (MBEs) and women enterprises (WBEs) as well as to all
vendors, consultants, contractors and subcontractors who seek to do business with
the County.
9
Agenda Item No, 9G
May 27, 2008
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Pursuant to this policy, Collier County wiil require its vendors, consultants,
contractors and subcontractors to provide qualified smail businesses and DBE's
with an equal opportunity to participate in the formal competitive processes for the
procurement of commodities and services by the County,
The Policy is not intended to require or to ailow partiality toward or discrimination
against any small business or DBE, MBE, WBE, or any other vendor, consultant,
contractor or subcontractor on the basis of gender, race or national origin, or other
such factors, but rather to heip ensure that small businesses and DBEs, MBEs,
WBEs, and ail quaiified vendors, consultants, contractors and subcontractors have
an equal opportunity to participate in the County's formal competitive processes.
Nothing in this Policy shail be construed to provide for or require any preference or
set-aside based on gender, race, national origin or any other such factor.
B. Definitions: For purposes of this policy, the term "small business" shall have the
same definition as set forth under Section 288.703,(1), F,S.
The term "DBE" shall include any "smail business" as defined pursuant to Section
288.703(1) that is at least 51 percent owned or controiled by a person or persons
defined as "sociaily and economicaily disadvantaged" individuals pursuant to
Section 14-78.602(18), FAC,
Reference to these definitions, however, shail in no way be construed to provide
that the County has adopted or is subject to the provisions of the Statute or Code
referenced herein.
C, Imolementino Measures: In an effort to implement this poiicy, the County may
undertake the following measures:
1. Designate the Purchasing Director to administer this policy,
2, Utilize outreach programs to identify, register and educate small businesses
and DBEs, MBEs and WBEs to participate in the procurement/contract process
including, but not limited to:
a. Attending trade fairs which include representatives from these enterprises.
b, Attending meetings and social events wherein these enterprises.
c, Utilizing publications aimed at reaching these enterprises,
d, Utilizing directories and other reference sources that list these enterprises.
e. Publicizing this Poiicy to encourage these enterprises to participate in the
County's procurement process,
f. Other actions designed to identify these enterprises who seek to provide
commodities and services to the County,
3. Maintain a list of these enterprises.
4. Disseminate information regarding competitive opportunities with the County in
order to ailow qualified small businesses and DBEs, MBEs and WBEs to
participate in the County's procurement process.
('
,
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Agenda Item No, 9G
May 27, 2008
Page 16 of 32
D, Conformitv with Applicable Law: The provisions of this section shall be construed in
conformity with applicable state and federal law. To the extent that state iaw
confiicts with federal law, federal law shall supersede such state law,
XI. Procedure to Provide Preference to Locai Businesses in Countv Contracts, Except
where otherwise provided by federal or state law or other funding source restrictions, purchases
of goods, general services, or professional services under the Procurement Code shall give
preference to iocal businesses in the following manner:
(1) Definitions. (Applicable to this Section XI only.)
(a) General services means support services performed by an independent contractor
requiring specialized knowiedge, experience, or expertise that includes, but is not limited
to, pest control, janitoriai, laundry, catering, security, lawn maintenance and maintenance
of equipment.
(b) Goods include, but are not limited to, supplies, equipment, materials and printed
matter,
(c) 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 goods, services or construction to be
purchased, and a physical business address located within the limits of Collier County
from which the vendor operates or performs business, Post Office Boxes are not
verifiable and shall not by used for the purpose of establishing said physical address. In
addition to the foregoing, a vendor shall not be considered a "local business" unless it
contributes to the economic development and well-being of Collier County in a verifiable
and measurable way, This may inciude, but not be iimited 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 Coilier County. Vendors
shall affirm in writing their compliance with the foregoing at the time of submitting their bid
or proposai 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.
(d) Professional services includes any services where the County is obtaining advice,
instruction, or speciaiized work from an individual, firm, or corporation specifically
qualified in a particular area, Professional services do not include those services
procured pursuant to Section 287,055, Florida Statutes,
(2) Preference in purchase of personal property, general services, professional services, the
purchase of or contract for construction or renovation of public works or improvements, and in the
purchase of personal property, general services or professional services by means of competitive
bid, request for proposals, qualifications or other submittals and competitive negotiation and
selection, Except where federal or state iaw, or any other funding source, mandates to the
contrary, Coilier County and its agencies and instrumentalities, will give preference to local
businesses in the following manner:
(a) Competitive bid. When a responsive, responsible non-local business submits the
iowest price bid, and the bid submitted by one or more responsive, responsible iocal
businesses is within ten percent of the price submitted by the non-local business, then
that non-Iocai business and each of the aforementioned local businesses shall have the
opportunity to submit, a best and final bid equal to or lower than the amount of the low bid
previously submitted by the non-iocal business, Contract award shall be made to the
responsive, responsible business submitting the lowest best and final bid, In the case of a
It
Agenda Item No, 9G
May 27, 2008
Page 17 of 32
tie in the best and final bid between a local business and a non-local business, contract
award shall be made to the local business,
(b) Request for proposals, qualifications or other submittals and competitive negotiation
and selection. If, following the completion of final rankings (technical and price
combined, if applicable) by the selection commillee, a non-local business is the highest
ranked proposer, and the ranking of a locai proposer is within ten percent of the ranking
obtained by the non-local proposer, then the highest ranked local proposer shall have the
opportunity to proceed to negotiations with the County under the applicabie sections of
this Code.
(c) With respect to Subsections (a) and (b) above, if a tie occurs between two (2) or
more local businesses, then contract award on the basis of best and final bids (paragraph
(a) above), or the opportunity to proceed to negotiations (paragraph (b) above), shall be
made to such local business having the greatest percentage of its employees that are
Collier County residents,
(3) Waiver of the application of local preference, The application of Local Preference to a
particular purchase or contract for which the Board of County Commissioners is the awarding
authority may be waived upon approval of the Board of County Commissioners.
(4) Comparison of qualifications, The preferences established herein in no way prohibit the right
of the Board of County Commissioners to compare quality of materials proposed for purchase
and compare qualifications, character, responsibility and fitness of all persons, firms or
corporations submilling bids or proposals, Further, the preferences established herein in no way
prohibit the right of the County Commission from giving any other preference permitted by law
instead of the preferences granted herein,
(5) Reciprocity. In the event Lee County, or any other Florida county or municipality ("local
government") deemed appropriate by the Collier County Board of Commissioners, extends
preferences to local businesses, Collier County may enter into an interlocal agreement with such
local government wherein the preferences of this section may be extended and made available to
vendors that have a valid occupational license issued by that specific local government to do
business in that local government that authorizes the vendor to provide the goods, services, or
construction to be purchased, and a physical business address located within the limits of that
local government. Post Office Boxes are not verifiable and shall not be used for the purpose of
establishing said physical address, In addition to the foregoing, a vendor shall not be considered
a "local business" unless it contributes to the economic development and well-being of the said
local government whichever is applicable, in a verifiabie 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 principais of the
business within Collier County. Vendors shall affirm in writing their compliance with the foregoing
at the time of submitting their bid or proposal to be eligible for consideration as a "iocal business"
under this section, In no event shall the amount of the preference accorded other local
government firms exceed the amount of preference that such local government extends to Collier
County firms competing for its contracts,
(6) Implementation by certain County agencies, Collier County agencies and instrumentalities
with the independent power to contract shall adopt rules and procedures implementing this
Section. For the purposes of such ruies and procedures, where this section provides the Board of
County Commissioners with impiementing authority, the Board of the agency or instrumentality
shall exercise such authority, and where this section provides the County Manager with authority,
the Executive Director of the agency or instrumentality shall exercise such authority,
("
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Agenda Item No, 9G
May 27, 2008
Page 18 of 32
XII. PAYMENT OF INVOICES
A. It is the intent of the Board of County Commissioners that all agencies under its
purview be in compliance with Section 218,70 F,S., otherwise known as the
"Florida Prompt Payment Act", Pursuant to this, the requirements of this section
shall appiy to the following transactions:
1. The purchase of commodities and services;
2, The purchase or lease of personal property;
3. The lease of real property.
B, The Purchasing Director shall have the authority to establish and maintain a
procedure that authorizes minor payment variances between the purchase order
and invoice where warranted, The authority to pay such variances shall not exceed
5% of the purchase order amount or $500, whichever is less.
C, Additionally, the Purchasing Director shall be permitted to establish and maintain a
procedure that authorizes the payment of freight and delivery charges that are not
specifically identified on the purchase order,
D, it shall be the responsibility of the Purchasing Director, in consultation with the
Finance Director and using agencies, to establish, distribute and administer
procedures for the timely payment of all transactions as defined under XI.A hereof,
Such procedures shall include, but not be limited to the following:
1. Formally defining the County's requirements for the content and submission of
a proper invoice, codifying the County's payment requirements and formally
notifying each vendor of their availability.
2. Steps required for the receipt of all invoices and the prompt return of improper
invoices.
3, Steps required for the resolution of payment disputes between the County and
a vendor.
E, Each December, the Finance Director and the Purchasing Director shall submit a
joint report to the Board listing the number and total dollar amount of interest
penalty payments made during the preceding fiscal year.
XIII. PAYMENT OF DUES FOR MEMBERSHiP IN PROFESSIONAL ORGANIZATIONS
County funds may be used to pay for dues for membership in a professional or other
organization provided that such expenditure meets the following criteria:
1, Such membership is deemed necessary to meet duties and responsibilities
required by Federal, State or local mandate or to facilitate proper professional
development.
2, The organization of membership is of a non-profit nature.
3, Sufficient funds are available within the proper appropriation unit/summary code,
t3
Agenda Item No. 9G
May 27, 2008
Page 19 of 32
XIV. STANDARDIZATION. COOPERATIVE PURCHASING AND GOVERNMENTAL
CONTRACTS
A. Where standardization is determined to be desirable by the Director, the purchase
of commodities may be made by negotiation with the approval of the Board of
County Commissioners if more than the competitive bid limit or by the County
Purchasing/General Services Director if less than or equal to the competitive bid or
negotiation threshold.
B. The Director shall have the authority to approve purchases under State of Florida
and Federal GSA cooperative contracts. The Director shall also be authorized to
join with other units of government in cooperative purchasing ventures prior or
subsequent to award when in the best interests of the County. If funds have
already been budgeted, no further Board action will be required, In authorizing all
such purchases under pre-existing agreements, the Director shall have determined
that the term and conditions of the purchase are competitive in the market and
favorable to the County,
XV. CONTRACT ADMINISTRATION
A, Contract Document: Every procurement of contractual services or commodities
shall be evidenced by a written document containing all provisions and conditions
of the procurement. Said document shall include, but not be limited to:
1. A iisting of the scope of services to be performed or commodities to be
purchased,
2, A provision specifying the criteria and the final date by which such criteria must
be met for completion of the contract.
3, A provision specifying the terms of cancellation by the County and where
applicable, a provision specifying the terms of renewal.
4. Where applicable, a provision establishing the appropriate types and levels of
insurance to be carried by the vendor. Said provision shall be employed in a
manner consistent with minimum insurance standards approved by the Board
of County Commissioners.
5. Where appiicable, pursuant to Section 287,133 F,S., a provision requiring the
contractor/vendor to inform the County if he/she has been convicted of a public
entity crime subsequent to Juiy 1, 1989.
A purchase order that embodies these provisions shali be sufficient documentation
of the procurement. The Purchasing Director shall have the discretion to determine
the circumstances under which a purchase order (and all documents included by
reference) shall serve as the contract document.
B. Contract Manaoer: Every procurement of services shall be administered by the
using agency (requesting department),
C.
Contract Chanoes: Notices issued under a purchase or contract may be
authorized and executed by the Purchasing/General Services Director, excepting
notices that terminate a Board-approved purchase or contract in its entirety,
Modifications to a Board approved purchase or contract, including but not limited to
change orders, supplemental agreements, amendments and changes by letter may
be authorized and executed by the Purchasing/General Services Director provided
.,r--,
14
Agenda Item No, 9G
May 27, 2008
Page 20 of 32
that the change (or the sum of the changes) amounts to not more than the greater
of (i) 10 percent of the current Board approved amount. or (ii) $10,000.
The proviso at the end of the previous paragraph shall not be applicabie to term
contracts or blanket purchase orders where the County desires to procure
commodities and/or services on an as needed basis without having to obligate
itself to a total contract amount. Rather, such purchases shall be based on fixed
unit prices or other predetermined pricing methods and shall be limited in quantity
by the amount of funds appropriated in the budget of the using agency(ies). Such
purchases shall be subject to all other provisions of this policy,
Notices that terminate an entire purchase or contract that was Board approved,
and contract modifications that increase the total contract amount beyond the limits
set forth above as applicable, shall require the approvai of the Board of County
Commissioners or as otherwise provided for in this policy. The Board shall have
broad authority, within the limits of the iaw, to evaluate and approve any
recommended contract modification without requiring further competition. All
deductive changes pertaining to the use of direct material purchases, including
those that reduce the contract amount by more than ten percent below the current
Board approved contract amount shall be reported to the Board monthiy as part of
the monthly contract changes report and shall not require prior Board approval.
D. Contract Extension: Extension(s) of a Board-approved contract for commodities or
services may be requested by the contract manager to the Purchasing/General
Services Director in writing for a period not to exceed six (6) months (cumulatively)
and shall be subject to the same terms and conditions set forth in the initial contract.
The Purchasing/General Services Director shall have the authority to authorize and
execute all such extensions, Any extension(s) that exceed six months
(cumulatively) shall be approved by the Board of County Commissioners.
Extensions of contracts that do not (inclusive of the extension) exceed the formal
competitive threshold may be authorized and executed by the Purchasing/General
Services Director without Board action,
E. Contract Renewai: The Purchasing/General Services Director shall have the
authority to authorize and execute renewals of contracts for commodities and/or
services subject to the following conditions:
1, That the Contractor has performed in a satisfactory manner and that the
Director has received a request to renew from the Contract Manager verifying
the Contractor's satisfactory performance,
2. That the agreement is renewed subject to the terms and conditions set forth in
the initial contract. Costs and terms of any contemplated renewals are included
in the invitation to bid or request for proposals.
3, That the renewal is done on an annual basis, commencing at the end of the
initial contract period. Any such contracts shall not be renewed for more than 3
years unless competitively procured,
Proposed renewals that fail to meet one or more of the conditions set forth herein
will require the approval of the Board of County Commissioners,
F, Contract Approval: All formal, biiateral contracts for commodities and services in
excess of the formal, competitive threshold shall be authorized by the Board of
County Commissioners, Such agreements for purchases less than or equal to the
formal, competitive threshold may be authorized and executed by the Purchasing
15
Agenda Item No, 9G
May 27, 2008
Page 21 of 32
Director, subject to the review and approval for legal sufficiency by the Office of the
County Attorney.
G, Work Orders (Not Under CCNA): The Purchasing/General Services Director may
authorize and execute any work order if the work order is equal to or below such
Board approvai parameters for work orders as are set forth in either the Board
approved term contract for services under which the work order is generated, the
solicitation document (s) that resulted in the contract or the Executive Summary
that pertains to the contract.
Modifications to a work order may be authorized and executed by the
Purchasing/General Services Director, provided that the work order, as modified,
does not exceed $100,000 or if it does, the change (or sum of the changes) does
not exceed 10% of the current Board approved amount.
The above provisions of the Section G shall not apply to work orders, or
modifications to work orders, governed by Section VII.C above.
H. Consent to Assionments of Contract: For ail contracts which exceed the formal
competitive threshold, the Board of County Commissioners shail approve all
assignments of contracts requested by the predecessor contracting party. For
such requests for agreements below the formal competitive threshold, the
Purchasing/General Services Director shall have the authority to approve
assignments on behaif of the agency,
I. Authority Limitation and Deleoation: Promuloation of Procedures:
The Purchasing/General Services Director may delegate to one or more other
Board employees any or ail aspects of the authority vested in the
Purchasing/Generai Services Director to authorize and/or execute contracts or
contract-related documents pursuant to Section VII.C above and Sections C
through G of this Article XIV or otherwise under law.
Ail authority to authorize and execute documents that is vested pursuant to this
Article XIV in the Purchasing/General Services Director or any other person shall
be subject to the limits of any applicable federal, state or other law.
The Purchasing Department shail be responsible for estabiishing and maintaining
administrative procedures that set forth any delegations of authority made pursuant
to the foregoing provisions of this Section I, that set forth formal processes for each
of the instruments referenced in this Article XIV, and that are in ail respects subject
to the provisions of this Articie XIV.
These procedures shall also set forth generalized requirements for (i) such pre-
execution reviews of documents by the Office of the County Attorney and (ii) pre-
execution reviews of documents by such other departments, if any, as the
Purchasing/General Services Director determines to be appropriate and advisable.
J,
Pavments to Contractors. Vendors and Consultants
r
Prior to the execution of a formal contract subject to this policy, the Purchasing
Department shail have the discretion to establish a formal payment schedule and
payment terms within the agreement. Such terms and conditions shall be
consistent with the requirements of ail applicable laws and the formal solicitation
documents.
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Agenda Item No, 9G
May 27, 2008
Page 22 of 32
In accordance with Section 218.735 (8), F,S., the Purchasing Director shall
establish procedures to reduce to 5% the amount of retainage withheld from each
subsequent progress payment issued to a contractor where applicable. The
Purchasing Director, or his designee, shall have the discretion to establish, in
writing, a schedule(s) to further reduce the percentage of cumulative retainage held
throughout the course of the project schedule where warranted. The discretion of
the project manager to reduce the percentage of cumulative retainage shall be
subject to the following:
1, That the term "cumulative retainage" is defined to mean "the dollar total of the
funds retained from all payments issued under the contract divided by the
gross dollar total of all monthly pay requests (or the total of all payment
amounts deemed allowable by the project manager, whichever is less)",
2, That any decision to reduce retainage shall be formally communicated in a
letter to the Contractor's appropriate representative and that the letter
affirmatively states that the Contractor has performed the contract work in a
satisfactory manner.
3. That the cumulative retainage not be adjusted until at least 50% of the work
has been completed and payment has been issued.
4. That the Purchasing Director's letter expressly sets forth the percentage of
cumulative retainage to be held for the remaining pay requests.
The Purchasing Director's designee shall aiso be granted the discretion to authorize
the partial reiease or payment of contract retainage to the contractor prior to final
completion of all project work provided that:
1. The contractor has performed in a satisfactory manner to date.
2, The total aggregate work under the agreement is at least 50% completed and
accepted (i,e.; payments equaling at least 50% of the contract amount less
retainage have been issued)
3. The retainage dollar amount to be released is based upon and consistent with
the prevailing percentage of cumulative retainage being held at the time that
the retainage is released,
XVI. PERFORMANCE AND PAYMENT BONDS
A contractor or vendor shall provide a surety bond from a surety company to guarantee
full and faithful performance of a contract obligation and the payment of iabor and
material expended pursuant to a contract whenever, and in such amounts, as required by
statute or otherwise as deemed necessary by the Purchasing Director, An irrevocable
letter of credit from a financial institution operating within the State of Florida (or other
alternative forms of surety as permitted under Florida law) may be sufficient in place of
the performance bond if so provided for in the bid and contract documents. All such
bonds or letters of credit shall be approved as to form by the County Attorney.
XVII. UNAUTHORIZED PURCHASES
No County officer or employee shall intentionally order, other than by purchasing card as
permitted under this policy, the purchase of any commodities or services, or make any
contract within the purview of this policy other than through the Purchasing Director. Any
purchase order or contract made contrary to the provisions hereof shall not necessariiy
17
Agenda Item No, 9G
May 27, 2008
Page 23 of 32
be approved and the County shall not be bound thereby, All purchases made within the
provisions of this Policy shall be made with a purchase order or purchasing card,
whichever is appropriate.
In the event that a purchase transaction is found to be in violation of this policy, the
Purchasing Director shall determine the facts pertaining to the transaction. In consultation
with the appropriate operating department director, the Purchasing Director shall
determine whether it is in the best interests of the County to proceed with the purchase
and if so, under what conditions, If a determination is made to proceed with the purchase,
all such transactions in excess of the formal competitive threshoid (or other applicable
Board authorization thresholds set forth in this policy) shall require the approval of the
Board. All such transactions equal to or less than the formal competitive threshold may
be approved by the Purchasing Director.
A. Exceotions: This section shall not appiy to the payment of premiums for insurance
poiicies that have been acquired through prior Board action. This section shall not
apply to nor supersede Resolution Nos, 86-30, 86-209 and 87-16.
XVIII. PROHIBITION AGAINST SUBDIVISION
No contract or purchase shall be subdivided to avoid the requirements of this Policy.
XIX. PROTEST OF BID OR PROPOSAL AWARD
The purpose of this section is to accommodate legitimate protests concerning formal
competitive invitations and recommended contract awards above the competitive bid or
proposal thresholds prior to award of contract by the Board of County Commissioners.
A. Any actual or prospective bidder or respondent to an Invitation for Bids or a
Request for Proposals, who alleges to be aggrieved in connection with the
solicitation or award of a contract, (hereafter referred to as "the protesting party")
may protest to the Purchasing Director, who shall serve as the sole recipient of any
and all notices of intent to protest and all formal protests,
B. All formal protests with respect to an Invitation for Bids or a Request for Proposals
shall be submitted to the Purchasing Director in writing not less than four hours
prior to the opening of bids or the closing time for acceptance of proposals, The
Purchasing Director, In consultation with the contract manager (and other
appropriate County staff), shall have the authority to address all such protests
received under subsection B and to determine whether postponement of the bid
opening or proposal closing time is appropriate, The Purchasing Director's decision
shall be considered final and conclusive unless the protesting party files a
subsequent formal protest of the recommended contract award as described under
this section,
C, Any actual or prospective bidder or respondent to an invitation for bids or a
Request for Proposals who desires to formally protest a recommended contract
award shall submit a notice of intent to protest to the Purchasing Director within two
(2) calendar days, excluding weekends and County holidays, from the date of the
initial posting of the recommended award.
D.
All formal protests with respect to a recommended contract award shall be
submitted in writing to the Purchasing Director for a decision, Said protests shall
be submitted within five (5) calendar days, excluding weekends and County
holidays, from the date that the notice of intent to protest is received by the
Purchasing Director.
("
The formal protest shall contain, but not be limited to the following information:
18
Agenda item No, 9G
May 27, 2008
Page 24 of 32
1. Name and address of County agency affected and the bid number and title.
2, The name and address of the protesting party,
3. A statement of disputed issues of material fact. If there are no disputed
material facts, the written letter must so indicate,
4. A concise statement of the ultimate facts alleged and of any relevant rules,
reguiations, statutes, and constitutional provisions entitling the protesting
party to relief,
5, A demand for the relief to which the protesting party deems himself entitled.
6. Such other information as the protesting party deems to be material to the
issue,
E, In the event of a timeiy protest of contract award consistent with the requirements
of this section, the Purchasing Director shall not proceed further with the award of
the contract until all appropriate administrative remedies as delineated under this
section have been exhausted or until the Board of County Commissioners makes a
determination on the record that the award of a contract without delay is in the best
interests of the County, Neither the protesting party, their agents or their
representatives shall have any private contact or discussions with individual County
Commissioners or any independent hearing officer (where appiicabie) regarding
the protest prior to the protest being heard or reviewed by either of the
aforementioned unless requested to do so by the Purchasing Director,
F, The Purchasing Director shall review the merits of each timely protest and in
consultation with the contract manager and other appropriate County staff, issue a
decision stating the reasons for the decision and the protesting party's rights of
appeal under section XVIII. Said decision shall be in writing and mailed or
otherwise furnished to the protesting party, The decision of the Purchasing Director
shall be final and conclusive uniess the protesting party delivers a subsequent
written objection to the Purchasing Director within two (2) calendar days, excluding
weekends and County holidays from the date of receipt of the decision,
G, In the event of a subsequent objection pursuant to subsection F, the County
Manager shall have the discretion to appoint an independent hearing officer to
review the facts relevant to the protest. The appointed officer will have a maximum
of 60 days to schedule and conduct a hearing into the matter and issue a finding of
fact and a opinion in writing to the County Manager for submission to the Board of
County Commissioners, Prior to commencement of the hearing, the protesting
party shall be required to post a cash surety in an amount equal to one (1) percent
of the using agency's estimate of the contract amount or one-thousand dollars
($1,000), whichever is iess, Should the Hearing Officer find in favor of the County,
the protesting party shall forfeit the surety as partial payment for undue delay.
Otherwise, the surety will be returned to the protesting party.
H, In the event that the protest cannot be resolved by mutual consent, the matter will
be referred to the Board of County Commissioners for final resoiution.
I. Failure to file a formai protest within the time and manner prescribed by Section
XVIII shall constitute a waiver of the right to protest by any protesting party as
defined by subsection A of this section,
XX. CONTRACT CLAiMS
All actual or prospective claims arising against the County from contractors, vendors or
any other party in direct privity with the County to provide commercial commodities or
19
Agenda Item No. 9G
May 27,2008
Page 25 of 32
services shall first be directly addressed by the parties' administrative representatives in
a manner consistent with the agreement between the parties and in accordance with the
County's Procurement Administrative Procedures Manual.
For any prospective or actual claims or disputes arising under any contract entered into
by the County, the Purchasing Director shall have the discretion to arbitrate or mediate
the claim or dispute or may appoint an independent third party to do so within the
authorization threshold iimits of this policy,
XXI. EMERGENCY PURCHASES
A, Bv County Manaoer: In case of an emergency which requires immediate purchase
of commodities or services in excess of the formal competitive threshold, the
County Manager shall be empowered to authorize the Director to secure by open
market procedure as herein set forth, any commodities or services, The County
Manager shall have the authority to act in the case of any emergency including the
issuance of emergency change orders/supplemental agreements. Any emergency
action shall be reported at the first available regular or special meeting of the Board
of County Commissioners, The County Manager shall further be authorized to
approve payment(s) to vendors at the time of or shortly after purchase should the
circumstances warrant.
B. Bv Purchasino Director: In case of any emergency which requires immediate
purchase of commodities or services equal to or less than the formal competitive
threshold, the Purchasing Director shall be empowered to secure such services
and commodities by open market procedure as herein set forth, Such action shall
be reported immediately to the County Manager when appropriate,
~
This section in no way constrains the provisions of Collier County Ordinance No. 84-37.
XXII. INSPECTION AND TESTING
The Director shall inspect, or supervise the inspection of, or cause to be inspected, all
deliveries of supplies or services to determine their conformance with the specifications
set forth in an order or contract.
A. Inspection bv Usino Aoencv: The Director shall have the authority to authorize
using agencies having the staff and facilities for adequate inspection to inspect all
deliveries made to such using agencies under rules and regulations which the
Director shall prescribe.
B, Testinq: The Director shall have the authority to require chemical and physical
tests of samples submitted with bids and samples of deliveries which are
necessary to determine their quality and conformance with specifications. In the
performance of such tests, the Director shall have the authority to make use of
laboratory facilities of any agency of the County or of any outside laboratory.
XXIII. SURPLUS SUPPLIES AND TANGIBLE PERSONAL PROPERTY
All using agencies shall submit to the Director, at such times and in such form as shall be
prescribed, reports showing stocks of all tangible personal property which are no longer
used or which have become obsolete, worn out or scrapped,
("
A. Transfer: The Director shall have the authority to transfer surpius stock to other
using agencies.
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Agenda Item No, 9G
May 27, 2008
Page 26 of 32
B. Sale: The Director shall have authority to sell aii supplies of a value less than the
limits proscribed under Chapter 274 F,S" which have become unsuitable for County
use. Saies under this section shaii be made to the highest responsible bid and in
conformance with Section, 274, F.S. The Director shaii be authorized to approve all
saies where the net revenue to the County does not exceed $50,000, Aii saies
exceeding $50,000 in net revenue to the County will be approved by the Board prior
to completing the sale or conducting the sales event.
C. Trade In: The Director shall be authorized to approve purchases that include the
"trade in" of existing items (including assets) pursuant to the purchase of new,
replacement or upgraded items/services,
D, Donation: Operating departments under the purview of the Board of County
Commissioners shaii be authorized to accept items donated to the County. The
receipt of all items not considered to be assets as defined under Florida law is to be
documented by a letter from the operating department director to the donating entity,
Items considered to be assets are to be documented using the appropriate forms and
forwarded to the Fixed Assets Section of the Clerk of Courts Finance Division,
Documentation is to include, but not be limited to: the date the asset(s) was received;
the estimated fair market value of the asset(s); a description of the asset(s): a serial
number if appiicable and the fund/cost center under which the asset(s) wiii be
assigned.
E, Disposition of Assets: The Director shall have the authority to determine whether
previously-acquired items (including assets) that are no longer useful to the agency
have commercial value and if not, to dispose of such items in an appropriate manner
with or without offering such items for sale, trade or donation to other entities. The
Fixed Assets Section of the Clerk of Courts' Finance Division will submitted a
quarteriy report that identifies any assets that are disposed of under the provisions of
this subsection.
XXIV, PURCHASING CARD PROGRAM
The Director shall be responsible for the overall management and operation of the
County's purchasing card program. For the purpose of this policy, a purchasing card is a
credit card officially assigned to specific employees under the purview of the Board of
County Commissioners' agency for the purpose of transacting small and/or strategic
purchases, The Director shall be authorized to assign cards to employees for these
purchases, The Director shaii have the authority to establish the following dollar limits for
each assigned card:
A. Sinole Transaction Limit: Not to exceed $1,000 per card unless otherwise authorized
by the Director,
B, Monthlv Spendino Limit:
authorized by the
Not to exceed $10,000 per card unless otherwise
Director.
C. Strateoic Purchases: The Director may utilize (or delegate the authority to other
Purchasing Department staff to utilize) a purchasing card to place orders that exceed the
limits set forth under this section in instances where one or more of the following is true:
1. Where the purchase is to address a vaiid public emergency: or
2, Where the County will earn revenue through card program rebates; or
3. Where a vendor is requiring the County to order by purchasing card,
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Agenda Item No, 9G
May 27, 2008
Page 27 of 32
D. Sales Tax Compliance: Pursuant to Section 212,08(6), F.S., County purchases
transacted with vendors within the State of Florida are exempt from the state sales
and use tax, In such instances, it is the responsibility of the cardholder to provide the
vendor with the appropriate tax exemption information when the card is presented to
the vendor, In the event that the cardholder refuses to grant the tax exemption when
the card is presented, the cardholder is authorized to allow the tax to be charged to
the card.
It is the position of the Board that it is not cost effective or in the pubiic interest to
require a cardholder to seek a credit for sales tax collected when the total sale does
not exceed $300, In the event that the total sale exceeds $300, the cardholder's
department director (or their designee) is responsible to ensure the tax is returned to
the County for the purchase.
E. Rebates: All purchasing cards rebates will be credited to the generai fund unless
otherwise specified by the Director.
In all such instances, the Director shall ensure that the purchase has been approved
subject to all other provisions of this policy, All fixed assets purchased using a
purchasing card shall be properly recorded and tracked through the Fixed Assets Section
of the Clerk of Courts Finance Division.
The language of this section is not intended to supersede the provisions of Collier County
Resolution 2006-49.
XXV. SEVERABILITY
If anyone or more of the provisions of this Policy should be held contrary to any provision
of law or contrary to express law, though not expressly prohibited, or against public
policy, or shall for any reason whatsoever be held invalid, then such provision(s) shall be
null and void and shall be deemed severable from the remaining provisions of this Policy
and in no way shall affect the validity of all other provisions of this Policy,
XXVI. REPEAL PRIOR AND CONFLICTING
All resolutions and policies or parts of resolutions and policies, in confiict herewith, are
hereby repealed.
EFFECTiVE DATE
XXVII.
An official copy of this Policy shall be filed in the office of the Clerk to the Board of County
Commissioners immediately after enactment and this Policy shall take effect at that time.
XXVIII. CONFLICT OF INTEREST
When procuring commodities or services using County funds, each entity and employee
under the purview of the Board of County Commissioners shall comply with all applicable
state and federal laws concerning conflict of interest. For state or federal Community
Development Block Grant-funded projects, entities and employees shall comply with the
requirements of Part 85, Section 36(b)(3) of the Housing and Urban Development Code,
XXIX.
DEBARMENT AND SUSPENSION
The Board shall grant authority to County staff to suspend and/or debar vendors,
contractors, consuitants and other interested and affected persons from active
participation in obtaining County contracts. The purpose of any such action shall be to
protect the County's interests and the integrity of the County's contracting process, The
(
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Agenda Item No, 9G
May 27, 2008
Page 28 of 32
suspension and debarment processes shall be considered to be separate from and in
addition to the award evaluation and vendor performance evaluation processes
authorized elsewhere in this policy,
A. Definition of Terms: For the purposes of this section, the following terms have been
defined as follows:
1, Affiliate refers to associated business entities or individuais that controi or
could control the contractor or are controlled by the contractor or could be
controlied by the contractor,
2, Civil Judgment refers to a judgment or finding of a civil offense by any court of
competent jurisdiction,
3, Contractor means any individual or legal entity that:
a, Directly or indirectly (e,g.; through an affiliate), submits offers for or is
awarded, or reasonably may be expected to submit offers for or be
awarded, a County contract for construction of for procurement of
commodities and services, including professional services; or
b. Conducts business, or reasonably may be expected to conduct business,
with the County as an agent, surety, representative or subcontractor of
another contractor,
c. For the purposes of this section, the terms "vendor" and "consultant" shall
have the same meaning as "contractor" and the term "sub consultant" shall
have the same meaning as the term "subcontractor".
4, Conviction means a judgment or conviction of a criminal offense, felony or
misdemeanor, by any court of competent jurisdiction, whether entered upon a
verdict or a plea, and inciudes a conviction entered upon a piea of no 10
contendere.
5. Debarment means action taken by the County to exciude a contractor from
County contracting and County-approved subcontracting for a reasonabie,
specified period as provided herein,
6, Preponderance of the Evidence means proof by information that, compared
with that opposing it, leads to the conclusion that the fact at issue is more
probably true than not.
7. Subcontractor: Any individual or legai entity that offers or agrees to provide
commodities or services to a party deemed to be a contractor under this
section.
8. Suspension refers to action taken by the Purchasing/General Services Director
(hereinafter referred to as "the PGS Director") to temporarily disqualify a
contractor from County contracting or County-approved subcontracting.
B. Suspension: The Purchasing/General Services Director shall have the authority to
suspend a contractor, subcontractor or person from consideration for award of
contracts if there appears to be a reasonabie basis for debarment as set forth
under Section XXXIX, If a suspension precedes a debarment, the suspension
period shall be considered in determining the debarment period, The suspension
period shall not exceed three months without the approval of the County Manager.
A decision to suspend by the Purchasing/General Services Director shall be
considered final and conciusive with no right of appeal.
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Agenda Item No. 9G
May 27, 2008
Page 29 of 32
C. Debarment:
1. Causes for Debarment: The prospective causes for debarment include one or
more of the following:
a. Conviction for commission of a criminal offense as an incident to obtaining
or attempting to obtain a public or private contract or subcontract, or in the
performance of such contract or subcontract.
b, Conviction under state or federal law of embezzlement, theft, forgery,
bribery, faisification 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 concem, 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 applicabie state or county
laws,
i. Debarment of the contractor by another public agency,
j. Any other cause deemed to be so serious and compelling as to materially
affect the qualifications or integrity of the contractor,
2. Debarment Procedure:
a. The county department requesting the debarment action shall submit to the
PGS Director a written complaint setting forth the reason(s) for seeking
debarment and shall identify a recommended debarment period.
b. The PGS Director shall review the complaint, verify whether it is compliant
with the provision of this policy, direct any appropriate changes and
forward the complaint to the contractor.
r
c. The contractor shall review the complaint and shall provide a written
response (with supporting documentation) to each allegation. The
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Agenda Item No, 9G
May 27, 2008
Page 30 of 32
response shall be provided to the PGS Director within 10 (ten) business
days of receipt of the allegations submittal. In the event that the contractor
faiis to respond to the complaint within the prescribed time period, the
complaint, as forwarded to the contractor, shall become an effective
debarment decision without further appeal.
d. In the event that the contractor fiies a timely and complete response to the
complaint and the debarment action is based upon a conviction, judgment
or other event(s) where there is no significant dispute over material facts,
the PGS Director shall determine the period of debarment on the basis of
the undisputed material information set forth or referenced in the complaint,
the contractor's reply and the parameters set forth in this section. In the
event that the Contractor objects to the PGS Director's decision, the
Contractor shall have a maximum of three business days to file an appeal
of the debarment decision with the PGS Director. The appeal will be
forwarded to and considered by the County Manager (or his designee),
who will review the debarment record compiled by the initiating department
and the contractor. Should the County Manager overturn the PGS
Director's decision: the County Manager shall formally cite the reasons for
doing so,
e, In the event that the contractor files a timely and compiete repiy to the
complaint and where the facts are in dispute, the Purchasing Department
will convene a debarment committee (hereinafter referred to as "the
committee") consisting of at least three individuals who will review the
complaint and the contractor's reply, The County Manager or his designee
shall formally appoint the committee, which will generally consist of county
empioyees, none of whom shall be a member of the department initiating
the complaint At the discretion of the County Manager, a member from
private industry with a particular area of relevant expertise may be
appointed to the committee, provided that this member is not a direct or
indirect competitor of the firm in question. The Office of the County
Attorney shall appoint a representative to attend the hearing. The
representative shall not be considered a voting member of the committee,
but shall be available to provide legal counsel to the committee as
necessary, All members appointed to serve on the debarment committee
shall disclose, to the PGS Director, or his designee, any actual or
prospective conflicts of interest at the time of appointment or at the time in
which the member becomes aware of the actual or prospective conflict
f. The PGS Director, or his designee, shall chair the committee and serve as
the Purchasing Department's representative to the committee, The
Purchasing representative shall preside over and facilitate the deliberations
of the committee as a non-voting member and serve as the County's
liaison to the Contractor in the debarment process. All voting committee
members are prohibited from having any communication regarding the
debarment issue outside the committee deliberations with any of the
parties involved in the specific debarment or their representatives until after
the committee decision has been issued or, in the event of an appeal of
that decision by the Contractor, until the conclusion of the appeal process,
All committee deliberations are subject to Section 286,011 F,S.
g, Where the material facts are in dispute, the committee shall evaluate the
evidence, judge the credibility of witnesses and base its decision upon the
preponderance of the evidence. Should the contractor fail to appear at the
debarment hearing, the contractor shall be presumed to be unqualified and
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Agenda Item No, 9G
May 27, 2008
Page 31 of 32
or non-responsive and shall be subject to debarment. The committee
decision shall be by a majority vote of those voting members in attendance.
The committee shall be the sole trier of fact. In the event that the
committee decides to impose debarment, the debarment decision will
formally include, but not be strictly limited to the following information:
1) The specific reasons for the debarment;
2) The scope of the debarment; and
3) The period of debarment, including the effective and expiration dates.
The committee's decision shall be issued in writing within 20 business days
of the conclusion of the hearing unless the committee extends this period
for good cause.
h. The PGS Director shall forward the committee's decision to the contractor
and affiliates involved. Should the Contractor object to the committee's
decision, the Contractor shall have a maximum of three business days to
file an appeal of the debarment decision with the PGS Director. The
appeal will be forwarded to and considered by the County Manager (or his
designee), who will review the debarment record compiled by the initiating
department, the contractor and the committee, Should the County
Manager overturn the committee's decision; the County Manager shall
formally cite the reasons for doing so.
3, Debarment Period:
a, At its sole discretion, the committee shall determine the period of
debarment. The debarment period shall be commensurate with the
severity of the cause(s) and in no event shali be the debarment period
exceed five years without the approval of the Board.
b. At its sole discretion, the committee (having the same or different
composition) may reduce the debarment period upon a written
request from the contractor to do so, based on one or more of the
following reasons:
1. Newly discovered material evidence;
2, A reversal of the conviction, civil judgment or other action upon
which the debarment was based;
3. Bona fide change in ownership or management;
4, Elimination of other causes for which the debarment was imposed;
or
5, Other reasons that the committee might deem appropriate,
The contractor's request shall be submitted to the PGS Director in
writing and shall be based on one or more of the aforementioned
reasons.
r--
,
c. The decision of the committee regarding a reduction of the debarment
period is final and not subject to appeal.
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Agenda Item No, 9G
May 27, 2008
Page 32 of 32
4, The Effects of Debarment:
a. Debarred contractors are excluded from receiving County contracts.
Departments shall not solicit offers from, award contracts to, or
consent to subcontractors with debarred contractors, uniess the
County Manager or his designee determines that emergency or singie
source conditions exist and grants written approval for such actions.
Debarred contractors are excluded from conducting business with the
County as agents, representatives, subcontractors or partners of
other contractors,
b, The Purchasing Department shall notify all Board departments of the
final debarment decision and the effects of that decision with regard to
conducting business with the debarred entity(ies) during the
debarment period,
5. Continuation of Current Contracts:
a. Departments may not renew or otherwise extend the duration of
current contracts with debarred contractors in place at the time of the
debarment unless the PGS Director or his designee determines that it
is in the best interests of the County to allow the contractor to
continue or finish the work within an additional, limited period of time.
b, Debarment shall constitute grounds for terminating an open
agreement with a contractor. However, the contract manager may
permit completion of an open contract( s) provided that the debarred
contractor has performed in a satisfactory manner to date under the
open contract(s) unless otherwise directed by the PGS Director.
6. Restrictions on Subcontracting:
a, When a debarred contractor is proposed as a subcontractor for any
subcontract subject to County approval, the department shall not
consent to subcontracts with such contractors unless the County
Manager or his designee determines that emergency or singie source
conditions exist, thus justifying such consent and approves such
decision.
b, The County shall not be responsible for any increases in contract
costs or other expenses incurred by a contractor as a result of
rejection of proposed subcontractors pursuant to subsection 6,a
provided that the subcontractor was debarred prior to the submission
of the applicable bid or proposal offer.
7. The Scope of Debarment: Debarment applies to all officers, principals,
directors, partners, qualifiers, divisions or other organizationai 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.
5/27/08
27