Agenda 08/26/2025 Item # 9C (Ordinance - Repealing Ordinance known as the Collier County Procurement Services Division Ordinance) (2)8/26/2025
Item # 9.C
ID# 2024-2342
Executive Summary
*** This item was continued from the January 14, 2025, and August 12, 2025, BCC Meetings. ***
Recommendation to repeal and replace Procurement Ordinance No. 2013-69, as amended, with the attached updated
Procurement Ordinance.
OBJECTIVE: To approve repealing and replacing Ordinance No. 2013-69, as amended, commonly known as the
Collier County Procurement Ordinance, with the attached updated Procurement Ordinance.
CONSIDERATIONS: On December 10, 2013, the Board adopted Ordinance No. 2013-69, which was subsequently
amended through the adoption of Ordinance No. 2015-37, Ordinance No. 2015-51, Ordinance No. 2016-11, Ordinance
No. 2016-19, Ordinance No. 2017-08, Ordinance No. 2018-38, and Ordinance No. 2020-28. On December 10, 2024,
the Board authorized the County Attorney to advertise the attached proposed Procurement Ordinance for adoption, along
with the repeal and replacement of Ordinance No. 2013-69, as amended.
Staff is recommending that the Board approve the attached proposed Procurement Ordinance, which would repeal and
replace Ordinance No. 2013-69, as amended. The proposed new Procurement Ordinance updates the standard
definitions of professional procurement terminology commonly used in County contracts and solicitations, increases the
informal and competitive procurement thresholds to conform more with other similarly sized jurisdictions, allows for the
Procurement Services Director to interpret the Ordinance and Procurement manual in administering the County’s
procurement program, empowers the Procurement Services Division to establish processes to encourage cost savings
programs and increase overall efficiency through data analysis, and provide training and counseling on proper contract
administration methods. In addition, the proposed revisions enhance the ethical requirements of vendors and County
employees concerning the solicitation and competitive selection of vendors and clarifies the permitted procurement
methods and the authority to utilize those various methods based upon the first increase of the established competitive
thresholds since June 23, 2015 (see Ordinance No. 2015-37).
The proposed Ordinance is also slightly reorganized in a more logical fashion to allow greater readability and
application by staff. The proposed Ordinance has been presented to County staff for feedback on several occasions,
along with review and input from outside legal counsel, Bryant Miller Olive, P.A., and the Office of the County
Attorney. The proposed Ordinance has been presented to the Office of the Clerk of Court and Comptroller for review
and feedback and any additional suggested revisions from the Clerk will be presented for the Board’s consideration
upon presentment for approval.
A summary of significant changes to the proposed Ordinance is listed below for reference:
• Applicability and Approved Thresholds Section: The County Manager's or designee's authority increases from
$50,000 to $250,000.
• The Change Order definition was updated to include the following language: For any contract for construction
services entered on or after July 1, 2025, the County must approve or deny a price quote for a change order
requested or issued by the County within 35 days after receipt of such price quote from the contractor (receipt
commencing the date upon which the County’s Project Manager and Department Head receives the price quote)
consistent with the prompt processing of change orders set forth in Section 218.755, Fla. Stat.
• Thresholds Section:
o Single Quote/Small Purchases Threshold section increases the threshold from $3,000 to $10,000.
o Informal Competition Threshold section increases the threshold range from $3,000 - $50,000 to
$10,000 - $250,000, with a requirement for quotes with a value of $50,000 - $250,000 to be obtained
through the County’s bidding platform.
8/26/2025
Item # 9.C
ID# 2024-2342
o Formal Competition Threshold section increases the threshold range from $50,000 to $250,000 and
requires approval by the Board.
• Ethics Section:
o A conflict-of-interest section is included to align with Florida Statute and includes the application of a
cone of silence during the competitive solicitation process.
• Alternative Methods Section:
o The Exemption of Competition section has been updated to include additional categories and Board
approval is aligned with the formal competition threshold.
o The Waiver of Competition section removes the sole source definition to align with Florida Statute and
Board approval is aligned with the formal competition threshold.
o Emergency purchases are clarified and aligned with Florida Statute.
• Formal Competitive Awards:
o New section outlining the bidding process to align current and best practices, manuals, and procedures.
• Purchasing Card Program Section:
o The County Manager or designee shall be responsible for establishing the limits for single transactions
and monthly spending limits as set forth in the Purchasing Card Manual. This section was updated to
align with current and best practices, manuals, and procedures.
• Contract Administration Section:
o Change orders and amendments that increase the total contract by more than $250,000 from the original
Board-approved amount will be presented to the Board for approval. All non-exempted under $250,000 will
be presented for ratification through the Procurement Administrative Report. During exigent circumstances,
where the approval of a Construction Change Order requires the County to approve or deny a price quote for
construction services received from a contractor within 35 days of receipt, or have the price quote be
deemed approved (as mandated by Section 218.755, Fla. Stat.), and the Change Order price quote cannot be
presented to the Board to meet that time requirement, the Board authorizes the Department Head or designee
and Procurement Director or designee to approve or deny those Change Order’s that otherwise exceed the
Board’s delegated Change Order threshold for staff approval, subject to subsequently presenting such items
to the Board for ratification through the Procurement Administrative Report.
o The Procurement Services Director or designee will approve increases and decreases to Board-approved
days.
o Approval of contractual price adjustments aligns with underlying agreements and with the formal
competition threshold.
o Construction Agreements:
o Retainage. In accordance with Section 218.735(8), Fla. Stat., the Board may reduce below 5% the
amount of retainage withheld from each subsequent progress payment issued to a contractor where
applicable.
o Liquidated Damages. County Departments/Divisions shall obtain authority from the Board to waive the
assessment of liquidated damages.
o Consent to Assignments of Contracts. The County's authority for consent to assignment of a contract
8/26/2025
Item # 9.C
ID# 2024-2342
may be approved by the Procurement Services Director or designee.
• Unauthorized Purchases Section:
o The Board shall approve After-the-Fact Procurement forms for transactions exceeding the formal
competition threshold and those under $250,000 will be presented to the Board for ratification through
the Procurement Administrative Report.
The Business Impact Estimate associated with the enactment of proposed ordinances is not required for this item
because ordinances relating to procurement are exempt. (Florida Statutes, § 125.66(3)(c)(6)).
This item is consistent with the Collier County strategic plan's objective to safeguard taxpayer money by promoting
fiscal stewardship.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board
approval. —SRT
RECOMMENDATIONS: That the Board repeal and replace Procurement Ordinance No. 2013-69, as amended,
commonly known as the Collier County Procurement Ordinance, and adopt the attached updated Procurement
Ordinance described above. (See attached copy of proposed Ordinance)
PREPARED BY: Sandra Srnka, Director, Procurement Services Division
ATTACHMENTS:
1. Procurement Ordinance Final 08.20.25
2. Legal Ad- Procurement Ordinance - 8.12.25
3. Proposed Procurement Manual 8.15.25
4. Proposed Purchasing Card Manual
ORDINANCE NO. 2025 -
AN ORDINANCE REPEALING ORDINANCE NO. 2013-G9, AS
AMENDED, WHICH ORDINANCE ESTABLISHED THE COLLIER
COUNTY PROCUREMENT SERVICES DIVISION AND ADOPTED A
PROCUREMENT POLICY CONCERNING THE PROCUREMENT OF
GOODS AND SERVICES, AND REPLACING IT WITH THIS
SUPERSEDING ORDINANCE, TO BE 1{NOWN AS THE COLLIER
COUNTY PROCUREMENT ORDINANCE, WHICH ORDINANCE SETS
FORTH 1TS PURPOSE, APPLICABILITY, AND APPROVED
THRESHOLDS; PROVIDES FOR DEFINITIONS; ESTABLISHES AND
SETS FORTH THE DUTIES OF THE PROCUREMENT SERVICES
DIVISION AND PROCUREMENT SERVICES DIRECTOR;
ESTABLISHES ETHICAL STANDARDS; PROVIDES FOR
PROCEDURF,S FOR SMALL PURCHASES UNDER $10,000, FOR
INFORMAL COMPETITION 'THRESHOLD FOR PURCHASES
EXCEEDING 510,000 BUT UNDER $250,000, AND FOR A FORMAL
COMPETITION THRESHOLD AND BIDDING PROCESS FOR
PROCUREMENTS EXCEEDING 5250,000; PROVIDES FOR
PROCUREMENT METHODS FOR THE COMPETITIVE PROCESS, THE
PROCUREMENT OF PROFESSIONAL SERVICES, AND COMPETITIVE
PROPOSALS; ESTABLISHES ALTERNATIVE PROCUREMENT
METHODS; PROVIDES FOR EMERGENCY PURCHASING, AN
EXEMPTION AND WAIVER TO THE COMPETITIVE 1'12OCESS,
COOPERATIVE PURCHASING, AND STANDARDIZATION; PROVIDES
FORMAL COMPETTITIVE AWARDS PROCESS, RESERVED RIGHTS TO
THE COUNTY, REJECTION AND CANCELLATIONS, NEGOTIATIONS,
INSPECTING AND TESTING, AND AWARDS; ESTABLISHES A
PROCEDURE FOR UNSOLICITED PROPOSALS; ESTABLISHES
POLICIES P'OR SMALL AND DISADVANTAGED MINORITY AND
WOMEN BUSINESS ENTERPRISES; LOCAL VENDOR PREFERENCE;
PROVIDES FOR A PURCHASING CARD PROGRAM; PROVIDES FOR
ADVANCE PAYMENTS FOR GOODS ANll SERVICES; PROVIDES FOR
PAYMENT OF INVOICES; SETS FORTH A PROCEDURE FOR
CONTRACT ADMINISTRATION AND FOR PE12FO12MANCE ANll
PAYMENT BONDS; PROHIBITS UNAUTHORIZED PURCHASES
INCLUDING THE SUBDIVISION OF PURCHASES; SETS FORTH A
PROCEDURE FOR BID ANll PROPOSAL AWARD PROTESTS;
PROHIBITS CONFLICT OF INTERESTS; SETS FORTH A PROCEDURE
FOR THE DEBARMENT AND SUSPENSION OF VENDORS;
AUTHORIZES THE BOARll TO WAIVE THESE PROVISIONS WHEN
APPROPRIATE; PROVIDES FOR CONFLICT AND SEVERABILITY,
REPEAL OF PRIOR ORDINANCES, INCLUSION INTO THE C011E OF
LAWS AND ORDINANCES, AND AN EFFECTIVE DATE.
Page 1 of 43
w, f'v
WHEREAS,
the
Board of County
Commissioners (the "Board") desires to seek the
maximum value for
the
County by procuring
the best value in obtaining commodities and
contractual services;
and
WHEREAS, to better effectuate this desire, on December 10, 2013, the Board adopted
Ordinance No. 2013-69, known as the Collier County Purchasing Ordinance; and
WHEREAS, the Board subsequently amended Ordinance No. 2013-69 through its
adoption of Ordinance No. 2015-37, Ordinance No. 2015-51, Ordinance No, 2016-11, Ordinance
No. 2016-19, Ordinance No. 2017-08, Ordinance No. 2018-38, and Ordinance No. 2020-28; and
WHEREAS,
the Board is
repealing Ordinance No.
2013-69 as amended, and replacing it
with this superseding
Ordinance.
NOW, THEREFORE, BE IT ORDAINEll BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as follows:
SECTION ONE: Title and Citation.
This Ordinance shall be loiown and may be cited as the "Collier County Procurement
Ordinance" or "Procurement Ordinance."
SECTION TWO: Purpose.
The purpose of this Procurement Ordinance is to codify and formalize Collier County's
Procurement policy, to provide for the fair and equitable treatment of all persons involved in
public purchasing by the County, to maximize the purchasing value of public funds in
procurement, and to provide safeguards for maintaining a procurement system of quality and
integrity. Any provision ofthis Ordinance in conflictwith statute is null and void as to the conflict.
SECTION THREE: Applicability and Approved Thresholds.
1. This Procurement Ordinance applies to the procurement of goods and services by
the County after the effective date of this Procurement Ordinance. This Procurement Ordinance
shall apply to all expenditures of public funds by the Board for public purchasing, irrespective of
the source of the funds. Nothing in this section shall prevent the County from complying with the
terms and conditions of any grant, gift or bequest that is otherwise consistent with law.
2. Nothing contained herein shall be construed as requiring Collier County's
Constitutional Officers (Clerk of the Circuit Court, Property Appraiser, Sheriff, Supervisor of
Elections, and Tax Collector), Court Administration, State Attorney, Public Defender or the
Collier County Metropolitan Planning Organization non -county funds to be covered by the
provisions of this Procurement Ordinance. However, the services of the Collier County
Procurement Services Division Director may be made available for consultation.
3. The Board shall execute formal contracts in excess of $250,000 having a binding
effect upon the County, to include revenue generating contracts and hereby delegates to the County
Manager or designees, the authority to approve contracts or agreements and amendments,
extensions, and renewals of such contracts or agreements, including change orders, work orders
Page 2 of 43 .-
and other ancillary documents, providing the total amount of County expenditure for any such
contract or agreement does not exceed $250,000 unless otherwise specified by action of the Board.
The D250,000 limitation set forth above shall be determined by the following:
a) the per fiscal year dollar total expenditure for term contracts,
b) the per fiscal year dollar expenditure for fixed -fee agreements,
c) the per fiscal year dollar expenditure for lease agreements,
d) the total dollar expenditure included in the contract for lump sum or specific
project agreements.
4. Following formal action taken by the Board for purchases greater than the formal
competition threshold, the Board delegates to the County Manager or designee the authority to
carry out the administrative and ministerial actions necessary to effectuate the Board's action,
including but not limited to the subsequent issuance of Work or Purchase Orders, to the extent
provided in the Procurement Ordinance.
5. The Board encourages the implementation of cost savings measures, processes, and
procedures as part of its various adopted procurement methods including but not limited to Direct
Material Purchases, purchasing card purchases, and bulk purchases as may be in the best interest
of the County. In furtherance of implementing cost saving measures, such as Direct Material
Purchases and the Board's other adopted methods of procurement, the Board delegates to the
County Manager or designee, the authority to manage and administer the procedures, processes
and measures necessary to maximize the purchasing value of public funds expended in the
procurement of materials.
SECTION FOUR: Definitions.
Agency shall mean all departments, divisions, units and offices under the Board, including
the Collier County Redevelopment Agencies, the Collier County Airport Authority, Collier
County Water -Sewer District and all departments under the auspices of the County Manager. Also
included are those elected or appointed officials that agree to utilize procurement services provided
by the Board.
Amendment
shall mean an agreed addition to, deletion from, correction, or modification of
a document or contract.
Blanket Purchase Order shall mean a contract document issued by the Procurement
Services Division which encumbers appropriated funds issued and includes established prices for
a defined period of time, although without specifying quantities.
Change Order shall mean a written order approved by the Procurement Services Director
or the Board as required by the Ordinance directing the Conh•actor to change a conh•act's amount,
requirements, or time. All changes must be within the original scope of the contract and in
accordance with the Board approved contract's changes clause or, if no such clause is set forth
within the agreement, in accordance with this Procurement Ordinance. For any contract for
construction services entered on or after July 1, 2025, the County must approve or deny a price
quote for a change order requested or issued by the County within 35 days after receipt of such
price quote from the contractor (receipt commencing the date upon which the County's Project
Page 3 of 43 r `,
Manager and
Department
Head receives
the price
quote) consistent with the prompt processing of
change orders
set forth in
Section
218.755, Fla,
Stat.
Consu ants' Competitive Negotiation Act (CCNA) is Section 287.055, Fla. Stat., and
governs the procurement of professional individuals/firms for architectural, engineering,
landscape architecture, survey and mapping services.
Construction Manager at Ris/c (CNLR CMAR) is a construction delivery method in which
the Construction Manager acts as a consultant to the County in the development and design phases,
but as the equivalent of a general contractor during the construction phase. The CMAR is
contractually bound to deliver the project within a guaranteed maximum price (GMP).The
Construction Manager at Risk is responsible and accepts risk for constructing the entire project for
the GMP and the Contractor is responsible for assembling the team of suppliers and subcontractors.
Consultant/Contractor/Supplier/Vettdor shall mean a provider of goods ot• services to the
County Agency. These terms may be used interchangeably.
C'ontinerittg Conh•acl shall mean a fixed term contract for professional services as defined
in Section 287.055, Fla. Stat,
Contract Extension shall mean an action to change and extend a contract termination date
pursuant to a provision in the original contract that increases the contract period, An extension
must be in writing and may not change the contract's amount or requirements unless provided for
in the original solicitation, contract, or as otherwise stated in this Ordinance.
Conb•act Renewal shall mean a clause in the contract that allows the contract term or period
to renew for an additional time period as defined in the current contract.
Cooperative Purchasing
is
where
a government
uses a nationally or state recognized
cooperative purchasing program
to
procure
the goods and
services.
County Mnttager shall mean the County Manager or Cowity Administrator of Collier
County or designee, as detned in the County Administration Law of 1974, Chapter 125, pt. [II,
Fla. Stat.
Debar shall mean to bat• a person or company from participating in a procurement action
because of a previous illegal or irresponsible action; may be used as a noun, debarment.
Design -Build Agreement is a delivery method for construction projects that combines the
architectural, engineering, and construction services required for a project into a single contractual
agreement.
Direct Material Purchase is acost-savings measure to achieve sales tax savings through
the County's sales tax exemption by purchasing materials directly from a supplier or vendor. Otlrer
savings may be achieved in the Direct Material Purchase process through purchasing cards,
rebates, discounts, and other cost savings measures, Also known as Direct Purchase Order.
Emergency shall mean any occurrence, or threat thereof, whether natural, technological, or
manmade, in war or in peace, which results or may result in substantial injury or harm to any
Page 4 of 43
portion of the population or substantial damage to or loss of property; or those situations where
the operation of an essential department would be seriously impaired if immediate action was not
taken, as defined by Section 252.34, Fla. Stat.
Emergency procurenien, shall mean an expeditious purchase of commodities, services or
construction to address an emergency.
Fred -Fee Agreenvent/ConUact shall mean a contract providing for a firm price, or a price
that may be adjusted only in accordance with contract clauses providing for revisions of the
contract price under stated circumstances.
Freed -Term Conh•nct is a type of contract in which a source of supply is established For a
specific period of time for specified services or supplies; usually characterized by an estimated or
definite minimum quantity to furnish commodities or contractual services during a defined period,
with the possibility of additional requirements beyond the minimum, all at a predetermined unit
price.
Lease Agreement is a contract outlining the terms in which one party agrees to rent property
owned by another party, which may include real estate or personal property for a specified amount
of time.
Lamp Srmv or Specific Project Agreemw�t is a contract where a fit•m fixed total price is
offered by the vendor for the completion of a project; typically, this is done through a competitive
process and where the final invoicing will require no cost breakdown.
Minority Business Enterpr•rse (MBE) or any other designation assigned by the Office of
Supplier Diversity shall mean a firm or individual who satisfies the registration requirements of
that agency and/or satisfies the requirements outlined in Sections 287.0943(2)(e), and 295.187,
Fla. Stat., and Chapter 60A-9, Florida Administrative Code.
Piggybacking is when any government entity procures a contract wider a similar
solicitation process that meets or exceeds the requirements of the County's solicitation process and
allows for piggybacking.
Purchase
Order shall mean a contract document issued by the Procurement Services
Division which encumbers appropriated {'unds used to contract with a vendor formalizing all terms
and conditions of a proposed transaction to furnish or deliver commodities or services to the
County.
Purchasing Card (P-Card) shall mean a credit card officially assigned to specific
employees or individuals authorized by the County Manager or designee for the purpose of making
purchases for official Collier County business.
Responsible
Vendor/Bidder/Proposer
shall mean a vendor
who has the financial and
technical capacity to
perform the requirenrents
of the
solicitation and
subsequent contract.
Responsive Vendor/Bidder/Proposer shall mean a vendor who has submitted a bid or
proposal that fully conforms in all material respects to the solicitation and all of its requirements,
including form and substance.
Page 5 of 43
Revenue GenerotingAgreement shall mean a contract whose primary purpose is to generate
revenue or to create a business opportunity for the County.
Single Source procurements are defined as commodities or contractual services that are
available only from a single source or the use of such source is both economically and operationally
in the County's best interest. Single source commodities or contractual services must be available
only from contractors/vendors/consultants who are uniquely qualified.
Ii or h Order is a contract instrument issued wider the terms and conditions of an approved
Continuing Contract or an Agreement, which authorizes a contractor or consultant to perform a
specific task within the broader scope of the master agreement. Nothing in the work order shall
conflict with the terms and conditions of the Continuing Contract or Agreement, and all work done
must fall within the scope and term of the underlying master agreement.
SECTION FIVE: Establishment of Procurement Services Division and Procurement
Services Division Director,
1. There is hereby established the Collier Cowity Procurement Services Division,
which shall be a distinct division under the direction of the County Manager.
a) The Procurement Services Division Director of the Procurement Services
Division shall have the authority to negotiate all purchases for all Agencies,
except as required by State, federal or local law. In keeping with Chapter 125,
Fla. Star., this Procurement Ordinance grants to the Procurement Services
Division Director only those powers and duties which are administrative and
ministerial in nature and does not delegate any governmental power imbued in
the Board as the governing body of Collier County pursuant to Art. VII1, § I (e),
Florida Constitution. The Procurement Services Division Director may delegate
to one or more Procurement Services Division employees any and all aspects
of the authority vested in the Procurement Services Division Director by the
County Manager. Except as otherwise specified by law, this Ordinance shall
apply to every procurement under the authority of the Board and to elected or
appointed officials or contractual employees (Clerk of the Circuit Court,
County Attorney, Property Appraiser, Sheriff, Supervisor of Elections, Tax
Collector and Collier Metropolitan Planning Organization) who choose to
utilize procurement services provided by the Board.
b) Notwithstanding any other provision of the Procurement Ordinance, the
Procurement Services Division Director is authorized to issue Pwrohase Orders
as authorized by the Board.
c) The Procurement Services Division Director or designee shall have the
authority to interpret the Procurement Ordinance and Procurement Manuals)
and may issue directives for that purpose.
d) Authority Limitation and Delegation; Promulgation of Procedures. All
authority to execute docwnents that is vested to the County Manager or
designee is hereby delegated to the Procurement Services Division Director or
Page 6 of 43
designee and shall be subject to the limits of any applicable federal, state or
other law.
e)
Nothing in this
section shall limit the Boards
right to
waive any provisions
contained
herein
when the Board shall deem it in
the best
interest of the County.
SECTION SIX: Duties of the Procurement Services llivisiona
Within the constructs of this Ordinance, the Procurement Services Division shall be
responsible for:
I. Seeking Maximum Value: Acting to procure the highest quality commodities and
contractual services for the County at the least expense to the County.
2. Encouraging Competition: Endeavoring to obtain as full and open competition as
possible on all purchases, services and sales.
3. Procurement Analysis; Staying updated on the latest developments in purchasing,
pricing, market conditions, and new products. This includes leveraging research conducted by
other government agencies, national technical societies, recognized trade associations, and private
organizations to ensure the County benefits from advancements in the procurement field.
4. Procurement Manual: Preparing and recommending for adoption by the County
Manager or designee, a Procurement Manual for the implementation of this Procurement
Ordinance. The Procurement Manual shall be maintained and published online for the benefit of
the public.
5. Division Systems, Procedures and Standards: The adoption of systems, procedures,
forms, standards, reporting and evaluation tools related to: (a) the effective development,
negotiation and administration of County contracts, and (b) the evaluation of performance of
vendors doing business with Collier County,
6. Non -Formal Conh•act Purchases: Reviewing non -contract purchases not exceeding
$25050005 as defined in Section Nine, to determine if an aggregated contract approach may provide
value and offer pricing advantages to the County.
7,
Sales
Tax Exemption:
Procuring
items for the County to exercise its tax exemption
status when
eligible.
8. Establishing and administering a Direct Material Purchasing program that includes
processes and procedwes to encourage the implementation of such savings programs and the
application of such related cost savings measures where it is in the best interest of the County.
Additionally, develop and implement other tax -saving and cost -saving strategies related to
purchasing and procurement.
9.
Evaluate purchasing activities to
enhance sourcing,
reduce costs, ensure supplier
compliance,
and increase overall efficiency. This
im�olves analyzing
data on supplier performance,
pricing, contract terms, purchasing patterns, and
market trends to drive
better decision -making and
Page 7 of 43 „ t B;
strategic planning. This analysis provides opportunities for cost savings, risk mitigation, and added
value in the procurement process.
10, inquiry and Control: Full authority to:
a)
Question the quality, quantity, and kinds of items requisitioned in order that the
best interests of the County are served.
b)
Ensure the timely, proper and orderly acquisition of services for various County
Departments/Divisions.
c)
Ensure purchases are consistent with the Procurement Ordinance, local, state,
and federal laws, and grants or other funding sources, if applicable.
d)
Determine if the Board should approve specific purchases prior to the purchase.
e)
Determine work assignment rotation schemes when multiple contracts are
awarded for the same service.
t)
Question the effectiveness of contract administration being performed by the
County Departments/Divisions and provide training and counseling on proper
contract administration methods.
g)
Consolidate purchases of like or common commodities or services and enter
into contracts to obtain maximum cost savings while preserving County
Department/Division specification and needs.
h)
Review and approve or disapprove the composition of each evaluation
committee.
i)
Verify funding sources and acquire an account number for each purchase before
advertising a solicitation.
11. Records
of Procurement
activity
shall be
maintained in
compliance with Article I,
Section 24, Fla. Const.
and Chapter
119,
Fla. Stat., "the
Florida Public
Records Act."
12. Administer the County's Purchasing Card program.
13. Administer the County's property disposal process through auction sales, and other
means, and report that activity along with any proceeds to both the County Manager or designee,
and the Board.
14. Advise the County Manager ot• designee of misuse, inappropriate use, or purchasing
activities that are inconsistent with the purpose and intent of the Procw•ement Ordinance,
Procurement Manual, or applicable local, state, or federal law.
15,
Use of Past Performance Data: In order to promote the quality delivery of
commodities and services, County Departments/Divisions shall record and consider the past
performance of vendors in the awarding of contracts exceeding the formal competition threshold.
This objective shall be accomplished as follows:
a) The Procurement Services Division shall be responsible for each of the
following:
(i) Developing, implementing, and maintaining administrative procedures,
instructions and technologies necessary to collect past vendor
performance data.
Page 8 of 43
(ii) Ensuring that relevant past performance data is property gathered and
considered prior to award of subsequent contracts.
b) County Departments/Divisions shall be responsible For each of the
following:
(i) Conducting periodic performance evaluations of vendors undercontract
with the County pursuant to the procedures established by the
Procurement Services Division Director or designee.
(ii) Considering the past performance of vendors during the evaluation of
bids and proposals Pursuant to the procedures established by the
Procurement Services Division Director or designee.
SB.CTION SEVEN: Ethical Standards.
Every employee and elected or appointed official of Collier Count} has the
responsibility to maintain the confidence of the citizens of Collier County by conducting the
procurement process in an ethical, fair and transparent manner. Collier County employees shall
actin good faith to discharge their duties and avoid either the intent or appearance of unethical
practices in procurement relationships, actions and communications.
2. Any attempt by Collier County employees or elected or appointed officials of
Collier County to realize personal gain from the procurement process is a breach of public trust.
All County employees shall govern themselves in accordance with the Standards of Conduct as
set forth in applicable Collier County Government Regulations, to include the Collier County
Ethics Ordinance No. 2003-53 as amended, County Manager Administrative Procedures (CMA)
Code of Ethics, and the Code of Ethics for Public Officers and Employees, Chapter 112, Part 111,
Fla. Stat,
3.
Purchases
shall not be artificially divided or split
so as to qualify under the
established
compeon
thresholds of this Procurement Ordinance.
4. A consultant who participates in the drafting of a solicitation or scope or who
develops a program for future implementation that gives rise to an actual conflict so as to unfairly
benefit that consultant to the disadvantage of any other future firms that could competitively seek
a County contract related to such program or project upon which the solicitation or scope is based,
and which conflict is not otherwise curable, is not eligible to contract with the County for any other
contracts dealing with that specific subject matter, and any firm in which such person has any
interest is not eligible to receive such contract. However, this prohibition does not prevent a vendor
who responds to a request for information from being eligible to contract with the County.
5, Collier County requires each vendor who seeks to do business with Collier County
to comply with the following ethical standards:
a) No vendor shall discuss or consult with other vendors intending to compete for
the same or similar contract for the purpose of bid rigging, collusion or other
activities that are illegal, unethical or limiting competition.
Page 9 of d3
b) Each vendor must certify that, to the best of their knowledge or belief, no
elected/appointed official or employee of Collier County, a spouse thereof or
other person residing in the same household, is financially interested, directly
or indirectly, in providing the goods or services specified in any submitted bid
or proposal. A financial interest is defined as ownership of more than one
percent (1%) of the total assets or capital stock or being an officer, director,
manager, partner, proprietor, or agent of the business submitting the bid or
proposal or of any subcontractor or supplier thereof providing goods or services
in excess of one percent (1%) of the total bid or proposal amount. Additionally,
the vendor, on company letterhead, must divulge at the time of the submittal of
a bid or proposal, any relative, other than those already specified, of an elected
or appointed official or employee of the County who has a financial interest, in
providing the goods or services specified in the bid or proposal. The County, at
its sole discretion, will determine whether a conflict exists and whether to
accept or reject the bid or proposal.
c) No vendor shall submit false information or intentionally submit misleading
information to Collier County. After the advertisement of any solicitation, a
"cone of silence" is in effect such that no current or prospective vendor or any
person acting on their behalf, shall lobby, contact, communicate with or discuss
any matter relating to the solicitation with any Collier County employee,
selection committee member, advisory board member, or elected or appointed
official, other than the Procurement Services Division Director or designees.
Any attempt by one of the proposers to have direct or indirect communication
with a selection committee member outside of a committee formal session must
be avoided and repotted to the Procurement Services Division.
The cone of silence shall not apply to:
(i) Communications at any public proceeding or meeting, including
pre -bid conferences, evaluation committee presentations or pre -
award meetings.
(ii) Communications during contract negotiations between designated
County employees and the intended vendor.
(iii) Communication with a vendor by a Procurement Services Division
employee following a competitive procurement opening to clarify
the vendor's response.
(iv) Communication following the filing of a protest to a competitive
procurement between the protesting vendor or the selected vendor
and the Procurement Services Division, County Manager's Office,
and County Attorney's Office concerning the protest.
(v) Purchases exempted and waived from competitive procurement
pursuant to the Procurement Ordinance.
d) Lobby shall mean influencing or attempting to influence action or non -action
and attempting Co obtain the goodwill of persons relating to the selection,
ranking, or contract award in connection with any solicitation through direct or
indirect oral or written communication. Any current or prospective vendor that
Page 10 of 43
lobbies any Collier County employee or elected or appointed official while a
solicitation is open or being recommended for award (i) may be deemed
ineligible for award of that solicitation by the Procurement Services Division
Director, and (ii) will be subject to Debarment Suspension as outlined in Section
Twenty -Six of this Procurement Ordinance.
e) If a vendor becomes aware of a conflict of interest, unethical behavior, or illegal
activity, they must promptly notify the Procurement Services Division. Failure
to comply with this section shall be deemed a violation of ethical standards
subject to administrative actions and may be subject to civil, and/or criminal
penalties for ethical violations as described below.
f) Employees who violate the ethics standards described in this section shall be
subject to administrative disciplinary action, following Collier County
Government Fluman Resources procedures and guidelines, up to and including
dismissal from Collier County Government employment.
g) Vendors who violate the ethics standards described in this section shall be
subject to debarment and suspension as provided in Section Tvventy-Six of this
Procurement Ordinance.
h) Vendors doing business with Collier County shall comply with the provisions
of Sections 287.133, 287.135, 287.138, 448.095, and 908.1 1 1, Fla. Stat.
SUCTION 1✓IGHT: Small Purchases Threshold.
Small Purchases Threshold. $10,000 or less.
2. Single Quote. Unless otherwise provided by law, all small purchases will be
obtained by a single quote, with documentation, and generally be processed using a purchase order,
or a purchasing card in accordance with Section Seventeen of this Procurement Ordinance. County
Department/Division staff will procure the highest quality items or services at the least expense to
the County.
3. County DeparUnent/Division staff should make all reasonable efforts to purchase
goods and services under Board approved contracts. In the event a contract is not utilized, staff
will procure the highest quality items or services at the least expense to the County.
S);CTION NINT: Lnformal Competition Threshold.
I. Informal Competition Threshold. Unless otherwise provided by law, purchases in
excess of $ ] 0,000 but not greater than $250,000.
2. Request for Quotes (RFQ). County Department/Division staff or Procurement
Services Division staff shall obtain at least three (3) documented competitive quotes fi•om
responsible and responsive bidders.
a) Competitive quotes between $10,000 and $50,000 may be solicited in writing
or through the County's bidding platform.
Page ll of 43
b) Competitive quotes between $50,000 and K250,000 shall be solicited through
the County's bidding platform, unless otherwise approved by the Procurement
Director or designee.
3.
Any
resulting awards shall be
to
the
responsible
and responsive bidder submitting
the lowest or
best overall
quote which meets
all
specifications.
4.
Final recommended award
of any quote will
be reviewed and approved
by the
Procurement
Services Division Director or
designee.
5. Only the Procurement Services Division staff may issue aqualification-based
quote.
6. In the event the County has an approved contract available for utilization, County
Departments/Divisions staff should make all reasonable efforts to purchase goods and services
under the approved contract, unless staff demonstrates that the price under contract exceeds the
price on a non -contract, staff will procure the highest quality items or services at the least expense
to the County.
SECTION TEN: Formal Competition Threshold.
1. Formal Competition'phreshold. Unless otherwise provided by law, al( purchases
exceeding $250,000 will be competitively procured by Invitation to Bid (ITB), Invitation to
Negotiate (ITN), Invitation for Qualifications (IFQ), Request for Professional Services (RPS) or
Request for Proposals (RFP) issued by the Procurement Services Division Director or designee,
and any subsequent award shall be approved by the Board.
2. Unless otherwise provided by law, the minimum advertising period for all formal
competitive solicitation methods is thirty ( calendar days. The advertising period may be
modified by the Procurement Services Division Director or designee, should unusual
circumstances require it. All advertising will take place on the County's adopted bidding platform,
and the County may use additional advertising platforms or publications as is deemed necessary
by the Procurement Services Division Director or designee.
SECTION ELEVEN: Procurement Methods.
It is the intent of the Board tliat the threshold for formal competitive solicitations set forth
in Section Ten include the methods below, as administered under the supervision of the
Procurement Services Division Director or designee. The Board shall award any resulting
agreements or contracts except where otherwise provided for in this Procurement Ordinance or
unless the Board grants an exception. Collier County's procurement methods may include, but are
not limited to, the following:
I. Invitations to Bid shall be issued by the Procurement Services Division Director or
designee, with public announcement, and shall be awarded to the responsive and responsible
bidder• submitting the lowest or best overall bid which meets all specifications. A bid is the
preferred method of solicitation when price is the principal consideration. Sealed bids will be
publicly opened and announced. Any resulting contract shall be the prevailing basis of award.
Page 12 of 43
2. Invitation to Negotiate shall be issued by the Procurement Services Division
Director or designee, with public announcement and competition. An ITN is used when it is
determined beneficial to issue a written solicitation for competitive sealed replies to select one or
more vendors with which to conduct negotiations.
3. Invitation for Qualifications shall be issued by the Procurement Services Division
Director or designee, when it is in Collier County's best interest to limit participation in the
solicitation process to those bidders, proposers or offerors who demonstrate a capability to provide
the goods and services required by Collier County or when qualifications are the only criteria.
4. Request for• Professional Services shall be issued by the Procurement Services
Division Director or designee, to procure the following:
a) Professional architectural, engineering, landscape architectural, or surveying
and mapping services in accordance with the Consultants' Competitive
Negotiation Act (CCNA), Section 287,055, Fla. Stat, An RPS can be issued and
awarded for either a continuing contract or for a single project contract as
described in Section 287.055, Fla. Stat.
b) An RPS may be used be in obtaining design contracts, design -build agreements,
and construction manager at risk agreements pursuant to Section 255.103, Fla.
Stat., as applicable.
c) When selecting an auditor to conduct the annual financial audit, the County
shall follow Section 218.391. Fla. Stat,
5. Request for Proposals shall be issued by the Procurement Services Division
Director or designee with public announcement and competition. Any resulting contract shall be
awarded to the responsive and responsible proposer submitting the best proposal according to the
criteria set forth in the solicitation. An RFP is the preferred method of solicitation when multiple
factors are considered for the basis of award, and price may or may not be the prevailing factor.
6. Collier County shall competitively award construction contracts pursuant to
Section 255.20, Fla. Stat, when applicable, in addition to the procurement methods authorized
elsewhere in this Procurement Ordinance and other applicable law.
7. Consolidated Joint Purchasing. The Procurement Services Division Director or
designee shall have the authority to join with other government entities and consortiums in
cooperative purchasing ventures when in the best interest of Collier County. Solicitations shall be
issued by the Procurement Services Division Director or designee, with public announcement and
competition. Any resulting contract shall be awarded to the responsive and responsible proposer
submitting the best proposal according to the criteria set forth in the solicitation.
8. A summary of the procurement thresholds and the required approval authority are
provided below:
Page 13 of A3
Minimum
Name of
Competition
Procurement
Type of
Issuing Party
Approval
Competition
Threshold
Method
Contract
Authority
Small
$10,000
Single Quote
Purchase
County
Procurement
Purchases
or less
Order or
Departments/
Division
P-Card
Divisions
Director or
Single Quote
designee
Informal
Exceeding
$105000 - $50,000
P-Card,
County
Procurement
Competition
$10,000
Three written quotes
Purchase
Departments/
Division
but not
either in writing or
Order
Divisions
Director or
Request for
greater than
County's bidding
or
designee
Quotes
$250,000
platform
Contract
$50,000 - $2505000
Three quotes
through County's
bidding platform
Formal
Exceeding
ITB, RFP, RPS, ITN,
P-Card,
Procurement
Board
Competition
$250,000
and IFQ
Purchase
Services
approval
Order or
Division
required for
Contract
Director or
awards over
designee
$2505000
Unless otherwise provided by statutes, all County non-exempt procurements must be made
in accordance with the chart above. Alternative Procurement Methods in Section Twelve may be
used instead of the method identified above, when applicable. A purchase shall not be artificially
divided or split so as to qualify under any other section of this Procurement Ordinance.
SECTION TWELVE: Alternative Procurement Methods.
l . Emergency Procurements as detined in Section Four of the Procurement Ordinance
may be used in the event of an unexpected and urgent need where health and safety or the
conservation of public resources is at risk, or during Board absences (all efforts should be made to
obtain Board approval prior to anticipated recesses), using such competition as is practical under
the circmustances, as follows:
a) Following a declaration of the existence of an emergency situation by the
County, the Board or their designee may declare the existence of an Emergency
Procurement condition and may suspend any or all of the provisions of this
section and authorize an Emergency Procurement.
b) The Collier County Manager ordesignee, on acase-by-case basis, may approve
an Emergency Procurement based upon the Procurement Services Division
Director's or designee's good faith review of the available sources that may
timely respond to the urgent need for goods and services and the documentation
of the emergency conditions related to that purchase. The emergency purchase
Page 14 of 43
may be made upon written determination and approval of the Collier County
Manager or designee. The Collier County Manager or designee will report all
such Emergency Procurements to the Board at the next available Board
meeting.
c) This section in no way constrains the provisions of Collier County Civil
Emergency powers and authority pursuant to Chapter 252, Fla. Stat.,
Emergency Management.
2.
Exemptions to the Competitive Process. The following categories
of procurements
may be eligible for exemption
from the competitive process based upon the determination of the
Procurement
Services Division
Director or designee and approval of such an
exemption is in the
best interest
of the County.
The Board shall approve the expenditures
for Exemptions of
Competition
with a value more
than the Formal Competition Threshold.
a) Purchases from another government agency (iucluding, but not limited to,
registrations, permits, postage, goods, or services) or from a nonprofit
organization authorized to do business in the State of Florida.
b) Educational or academic programs, including educational or recreational field
trip instructors, trainers, facilitators, professional advisors and speakers, and
fees and costs ofjob-related seminars and training.
c) Dues and memberships in h•ade or professional organizations, including
registration fees for trade or career fairs.
d) Subscriptions for periodicals, newspapers, books, electronic information,
media, maps, pamphlets and similar material in printed or electronic form.
e) Advertisements.
f) Entertainment services for County -sponsored events, including artists, music
ensembles (bands) and other entertainment providers.
g) Works of art for public display.
h) Products or services necessary to maintain existing warranties and licenses or
to maintain compatibility with existing Collier County systems.
i) Repairs based upon shop estimates for equipment that has been disassembled.
j) Utility Services: telecommunications, water, sewer, electric, gas, or other
regulated utility, communications and data transmission services subject to
government rate control.
k) Personnel services and recruitment services.
Page IS of 43
I) Health and social services, including substance abuse and mental health
treatment, medical examiner services, burials and indigent patient services, and
medications for the treatment of humans or animals.
m) Cybersecurity related items: I. Insurance or other risk mitigation coverage
acquired for the protection of information technology systems, operational
technology systems, or data. 2. Critical infrastructure. 3. Cybersecurity
incidents. 4. Network schematics, hardware and software configurations, or
encryption information or information that identities detection, investigation,
or response practices for suspected or confirmed cybersecurity incidents,
including suspected or confirmed breaches, if the disclosure of such purchase
information would facilitate unauthorized access to or unauthorized
modification, disclosure, or destruction of: data or information, whether
physical or virtual; or information technology resources, which include an
agency's existing or proposed information technology systems.
n)
All purchases
related to
the
sale,
lease,
or other
use
of real
property,
including
appraisals
and
title insurance,
except
as
required
by
other applicable
law.
o) Direct Purchase Orders issued when it is in the best interest of Collier County.
Collier County may make direct purchases of goods and services when the
County can procure these items at a lower cost and/or realize a tax or delivery
savings.
p) Lobbying services.
q) Financial Instruments: professional services required for the issuance of Collier
County debt, debt service and Collier County investments related thereto,
including the selection of investment bankers for Collier County's Underwriting
Pool and the selection of Collier County's Financial Advisor.
r) Services for management studies, executive analysis and related matters as
directed by the Board.
s) Goods or services pwrohased from grants, gifts, bequests or donations to the
extent the application of this Ordinance would conflict with the requirements,
conditions, or limitations attached to the grant, gift, bequest, or donation.
t) Permits required by federal or State law.
u) Requests for outside legal services will be consistent with both this Ordinance
and the County Attorneys Ordinance (Ord. No. 2013-34), as amended. The
retention of legal 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
Ordinance and must first be approved by the Board. Legal services include but
are not limited to retaining the services of law firms or other outside counsel for
any reason, expert witnesses, court reporter services, appraisal services, trial
consultants or similar persons or firms deemed by the Collier County Attorney
Page 16 of 43
as necessary to address the legal needs of Collier County, together with
document management and production, legal research, and information
technology products and services.
v) Where specified by general law, ordinance or Board policies, any purchase
governed by explicit provisions of general law or other Collier County
ordinance or Board policies (resolution) unless the solicitation indicates the
applicability ofthis Ordinance, and this Ordinance shall apply only to the extent
set out in the solicitation.
3. Waiver to the Competitive Process. Single Source procurements may be eligible
for the waiver to the competitive process based upon the determination of the Procurement
Services Division Director or designee that approval of such a waiver is in the best interest of the
County. Single Source procurements are defined as commodities or contractual services that are
available only from a single source or the use of such source is both economically and operationally
in the County's best interest. The Board shall approve the expenditure for Waivers of Competition
with a value more than the Formal Competition Threshold,
4. Cooperative Purchasing and Piggybacking. The Procurement Services Division
Director or designee shall annually bring forward to the Board a list of recommended cooperatives
for consideration, The Procurement Services Division Director or designee may approve purchases
using these approved cooperative organizations, agreements, and contracts, with no further action
required by the Board providing that fluids have been budgeted for these specific purposes. The
Procurement Services Division Director or designee may join other public agencies in Cooperative
Purchasing organizations and/or agreements if is determined to be in the County's best interest,
and if the consortium agreement has not had prior Board approval. The use of any new cooperative
agreement must be approved by the Board prior to the use of the agreement.
a) Cooperative Purchasing: The Procurement Services Division Director or designee
shall have the authority to procure goods or services from the Board approved
nationally or state recognized cooperative purchasing program.
b) Piggybacking: The Procurement Services Division Director or designee shall have
the authority to procure goods or services from vendors who have been selected, as
a result of a competitive selection process for a federal, state or municipal
government, or any other governmental agency, political subdivision, or
government -related association, provided that the originating entity utilized a
competitive process similar to Collier County's.
i. The
solicitation process
must be substantially
equivalent to the process
used
by the Cowity.
ii. The contract must be active (not expired) and possible to be completed
within the term of Che underlying contract.
. The products or services needed must be specifically identified within the
scope of the contract.
Page 17 of 43
v. The vendor must agree to extend the contract terms and pricing to the
County.
Contracts for the professional services identified in Section 287.055, Fla.
Stat., may not be piggybacked.
5. Standardization. Where standardization is determined to be desirable by the Board,
the Purchase of commodities may be negotiated directly with a particular vendor with the advance
approval of such purchase by the Board. Standardization may be the result of a formal evaluation
process facilitated by the Procurement Services Division or the recognition of the historical use of
a product as determined by the Procurement Services Division,
SECTION THIRTEEN: Formal Competitive Awards.
Competitive Procurement Bids/Proposals.
a) Responses to all competitive procurements must be submitted to the
Procurement Services Division through the prescribed bidding platform and
as instructed in the solicitation document, no later than the date and time
designated therein.
b) All competitive procurement responses shall be opened in public at the time
and place stated in the public notice with at least one witness present,
c) The purpose ofthe opening is to record the responses received and to ensure
that the responses are in compliance with the basic requirements of the
competitive procurement. Responses are not analyzed for quality or
substance at the opening. A recording of all responses received shall be
available for public inspection in accordance with Florida law.
d) The Procurement Services Division Director or designee shall have the
authority to review all submittals in response to a County solicitation and to
review these submittals for responsiveness, responsibility, price and other
factors in making a determination for a recommendation of award.
Reserved Rights.
a)
The Procurement
Services Division
Director
or designee
may, after
opening, request
additional information
or clarification
by the
offeror.
b) The Procurement Services Division Director or designee may waive or
accept minor irregularities and technicalities, request additional information
or clarifications in a response and allow correction thereof when such
actions are deemed to be in the best interest of the County and do not
conflict with the basic principles of fair and open competition.
Page 18 of 43
3. Rejection and Cancellations.
a) The Procurement Services Division Director or designee shall have the
authority to reject any and all responses and cancel any solicitation,
including recommendation of awards, at any time through the approval of
the contract by the Board.
b) 1"he Board also retains the authority to make a future finding, to reject any
and all responses for any or no reason and waive or accept minor
irregularities and technicalities, request additional information or
clarifications, and allow correction thereof, when such actions are deemed
to be in the best interest of the County and do not conflict with the basic
principles of fair and open competition.
c) The County shall not be responsible for any costs incurred by offerors in
the case of rejection or non -award.
4. Negotiations.
a) If none or only one responsive and responsible bid or proposal is received
following any solicitation, the Procurement Services Division Director or
designee reserves the right to reject all bids, proposals or offers and to
negotiate with any responsible providers to secure the best terms and
conditions in the sole interest of the County unless otherwise provided by
law.
b) If the lowest responsive bid exceeds the budgeted amount, and if the
purchase is not funded in whole or in part with interagency grant dollars,
the Procurement Services Division Director or designee may negotiate
changes with the apparent lowest responsible and responsive bidder that
will bring prices into budgeted limits, subject to the final approval and
acceptance of the Board. if the budgeted amount includes grant funds, the
Procurement Services Division Director or designee shall be authorized to
conduct such negotiations, provided said actions are not prohibited by law
or the grant conditions.
5. Inspection and Testing. The Procurement Services Division Director or designee
shall inspect, or supervise the inspection of, or cause to be inspected, all deliveries of commodities
or services, to determine their conformance with the specifications set forth in an order or contract,
a) Inspection by County Departments/Divisions: The Procurement Services
Division Director or designee shall authorize County
Departments/Divisions to inspect, prior to use, all deliveries made to such
County Departments/Divisions under rules and regulations which the
Procurement Services Division Director or designee shall prescribe.
b) Testing: The Procurement Services Division Director or designee 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 performing
such tests, the Procurement Services Division Director or designee shall
have the authority to use laboratory facilities of any Agency of the County
or of any contracted outside laboratory.
6. Awards.
a) Once a vendor has been selected in accordance with this Ordinance, the
Procurement Services Division Director or designee shall prepare and post
a notice of recommended award.
b) The time period for a procurement protest, as outlined in Section Four, shall shall begin upon posting of the notice of recommended award and is
only applicable to solicitations resulting from Formal Competition.
c) After the protest period in Section Twenty -Four has expired, the
procurement shall be awarded with reasonable promptness. All
procurements will be formalized by entering into either a contract with the
awarded vendor or issuing a purchase order to the awarded vendor, unless
otherwise authorized by the Board.
SECTION FOURIT,F,N: Unsolicited Proposals.
1. The Board incorporates by reference Section 255.065, Fla. Stat. as may be amended
from time to time, which addresses the procurement of services for qualifying projects through
public -private partnerships, including through an offer of an unsolicited proposal.
2. The Board shall by separate Resolution establish all application fees referenced
under Section 255.065, Fla. Stat, that a private entity must pay concurrent with the submission of
an unsolicited proposal. Payment shall be made by cash, cashier's check, or some other non -
cancellable instrument. Personal checks shall not be accepted.
3.
To the extent that the cast to evaluate an
unsolicited proposal is more than the initial
application
fee adopted by Resolution, the
County may
request payment of any additional amounts
required to
conduct its review as provided
in Section 255.065,
Fla, Stat.
4. If the costs of processing, reviewing, and evaluating attorney fees, financial or
technical adviser fees, or other consultant fees required to properly evaluate an unsolicited
proposal exceed the base application fee, then the Procurement Services Division Director or
designee is authorized to charge a supplemental fee as long as no such supplemental fee exceeds
an additional $10,000 without further authorization from the Board.
SECTION FIFTEEN: Small and Disadvantaged Minority and Women Business
Enterprises.
1. Policy Statement: Collier County stands committed to providing equal
opportunities to small businesses and disadvantaged business enterprises (DBEs), minority
business enterprises (MBEs), and women business enterprises (WBEs), as well as to all vendors,
consultants, contractors and subcontractors who seek to do business with the County. Pursuant to
Page 20 of 43 ,
this policy, Collier County encourages its vendors, consultants, contractors and subcontractors to
provide qualified small businesses and DBEs with an equal opportunity to participate in the formal
competition processes for the procurement of commodities and services by the County.
This policy is not intended to require or to allow partiality toward or discrimination against
any small business or DBE, MBE, WBE, or any other vendor, consultant, contractor or
subcontractor on the basis of gender, race or national origin, or other such factors, but rather to
create an opportunity for small businesses and DBEs, MBEs, WBEs, and all qualified vendors,
consultants, contractors and subcontractors to participate in the County's formal competitive
processes. Nothing in this policy shall be construed to provide for or require any preference or set -
aside based on gender, race, national origin, or any other such factor.
2.
Implementing Meastu•es:
h� an effort to implement
this policy, the County may
undertake
the following measures:
a) Designate
the
Procurement Services
Division Director or designee to
administer
this
policy.
b) Utilize outreach programs to identify, register and educate small businesses
and DBEs, MBEs and WBEs to participate in the procurement/contract
process which may include:
Attending trade fairs which include representatives from these
enterprises.
ii. Attending meetings and social events wherein Chese enterprises are
present.
iii. Utilizing publications aimed at reaching these enterprises.
iv. Utilizing purchasing directories and other reference sources that list
these enterprises.
v. Publicizing this policy to encourage these enterprises to participate in
the County's procurement process.
vi. Other actions designed to identify opportunities for these enterprises
who seek to provide commodities and services to the County.
c) Maintain a list of these enterprises.
d) Disseminate information regarding competitive opportunities with the
County in order to allow qualified small businesses and DBEs, MBGs and
WBEs to participate in the County's procurement process.
3. Conformity with Applicable Law: The provisions of this section shall be construed
in conformity with applicable state and federal law. To the extent that state law conflicts with
federal law, federal law shall supersede such state law.
Page 21 of 43
SECTION SIXTEEN: Local Vendor Preference.
Except where otherwise provided by federal or state law or other funding source
restrictions or as otherwise set forth in this Procurement Ordinance, purchases of commodities and
services shall give preference to local businesses and establishes this Local Vendor Preference
policy for formal competitive procurements pursuant to this section as follows:
I. For purposes of this section, a local vendor must satisfy each of the following
requirements:
a) A physical business address in Collier County with a County business address
as listed with the Florida Department of State, Division of Corporations located
within the limits of Collier County from which the vendor's staff operates and
performs business in an area zoned for the conduct of such business. A post
office box or a facility that receives mail, or a non -permanent structure such as
a construction trailer, storage shed, or other non -permanent structure shall not
be used to establish the physical address. In addition to the foregoing, a vendor
shall not be considered a "local business" unless it contributes to the economic
development and well-being of Collier County in a verifiable and measurable
way. This may include, but not be limited to, the retention and expansion of
employment opportunities, support and increase to the County's tax base, and
residency of employees and principals of the business within Collier County.
Vendors shall affirm in writing their compliance with the foregoing at the time
of submitting their bid or proposal to be eligible for consideration as a "local
business" under this section. A vendor who misrepresents the Local Preference
status of its firm in a proposal or bid submitted to the County will lose the
privilege to claim Local Preference status for a period of up to one year; and
b) A current local Business Tax Receipt (also known as an Occupational License)
issued by the Collier County Tax Collector• prior to bid or proposal submission.
2. A vendor must be able to demonstrate its qualification for the local preference at
the time a bid or proposal is submitted, including any supporting documentation needed to verify
the above requirements. Any bidder/proposer who fails to submit sufficient documentation with
their bid/proposal offer shall not be granted local preference consideration for the purposes of that
specific contract award.
3. Qualified local vendors will be awarded a preference as follows:
a) For an Invitation to Bid, if an award would otherwise go to a non -local bidder,
but a qualified local vendor is within ten (10) percent of the lowest non -local
bid submitted by the non -local business, then the local business with the
apparent lowest bid offer (i.e., the lowest local bidder) shall have the
opportunity to submit an offer to match the price(s), less one (1) dollar, offered
by the overall lowest, responsible and responsive bidder.
b) In such
instances, staff
shall first verify if the lowest non -local bidder and
the
lowest
local bidder are
in fact responsible and responsive bidders. Next,
the
Procurement Services Division shall determine if the lowest local bidder meets
the requirements of Section 287.087, Fla. Stat. The Procurement Services
Division shall invite the lowest local bidder to submit a matching offer, Tess one
(1) dollar, within five (5) business days, excluding weekends and County
holidays, thereafter. If the lowest local bidder submits an offer that fully
matches the lowest bid, less one (1) dollar, from the lowest non -local bidder
tendered previously, then award shall be made to the lowest local bidder.
c) If the IowesC local bidder declines, is unable to match the lowest non -local bid
price(s), or does not meet the requirements of Section 287.087, Fla. Stat., then
award will be made to the lowest overall responsible and responsive bidder.
d) [n request for proposals, qualifications or other submittals and competitive
negotiation and selection and negotiation methods not otherwise exempt from
this local preference section, the solicitation shall include a weighted criterion
for local preference that equals ten (10) percent of the total points in the
evaluation criteria published in the solicitation.
e) Should a tie bid occur between anon -local bidder and a local bidder, the County
shall award the contract to the local bidder. Should a tie bid occur between two
local bidders, the Procurement Services Division Director or designee will "flip
a coin" between the two lowest local bidders or draw lots with a minimum of
three witnesses when there is a tie among more than two local bidders. The
winner will be recommended for award of the contract.
4. The County's local vendor preference, as it relates to bidding preferences for local
vendors, is not applicable to solicitations or contracts when corn nocinues and/or services may be
provided in the event of an emergency.
5. The Couuty's local vendor preference shall not apply in any procurement if the
terms of a grant or funding agreement or other prevailing law or policy prohibit the use of the local
vendorpreference.
6. The County's local vendor preference shall not be utilized with respect to any
competitive solicitation for construction services, as defined in Section 255.072(2), Florida
Statutes, or public works projects as defined in Section 255.0992(l)(b), Florida Statutes, in which
any amount of the cost will be paid from state -appropriated funds at the time of the competitive
solicitation, or where otherwise limited by law as provided in Section 255.099] (2).
7. Purchases of professional services as defined and subject to Section 287.055, Fla.
Stat. and audit and accounting services subject to Section 218391, Pla. Stat. shall not be subject
to this local preference section.
8. Waiver of the application of local preference. The application of Local Preference
to a particular purchase or contract may be waived upon approval of the Board, or as identified
where exempt from the competitive process.
9.
Comparison
of qualifications.
The preferences established herein in
no way
prohibit the
right to
compare quality of
materials proposed for purchase and
compare
qualifications, character, responsibility and fitness of all persons, firms or corporations submitting
bids or proposals. Further, the preferences established herein in no way prohibit the right of the
Board from giving any other preference permitted by law instead of the preferences granted herein.
10. Reciprocity. If Lee County or any other Florida county or municipality ("local
government") that the Board finds appropriate grants preferences to local businesses, Collier
County may establish an interlocal agreement with that local government. This agreement would
aHow the preferences outlined in this section to apply to vendors who possess a valid business tax
license issued by that specific local government, permitting them to offer the commodities and
services being procured. Additionally, these vendors must have a physical business address
registered with the Florida Department of State, Division of Corporations, within the jurisdiction
of that local government. In no event shall the amount of the preference accorded to other local
government firms exceed the amount of preference that such local government extends to Collier
County firms competing for its contracts.
I I. Purview of this Local Preference Policy. `fhis policy shall apply to all County
Departments/Divisions subject to this Ordinance. For purchases under the informal competitive
threshold the Procurement Services Division encourages County Departments/Divisions to include
local vendors when soliciting quotations in accordance with this section.
SECTION SEVENTEEN: Purchasing Card Program.
The Procurement Services Division Director or designee shall be responsible for the overall
nanagement and operation of the County's Purchasing Card program in conformance with the P-
Card Manual.
l . The purchasing card is an authorized method of payment for the purchase of goods
and services. For the purpose of this Procurement Ordinance, a purchasing earn is a credit card
officially assigned to specific employees or individuals authorized by the County Manager or
designee.
2. The use of the purchasing card does not eliminate the obligation of the County
Departmentsvisions to obtain quotes, consistent with thresholds established in this Ordinance
or complying with other provisions of this Procurement Ordinance.
3. The Procurement Services Division Director or designee shall be authorized to
assign cards to employees for these purchases.
4. The County Manager or designee shall be responsible for establishing the limits for
single transactions and monthly spending limits as set forth in the Purchasing Card Manual.
5, The Procurement Services Division Director or designee may temporarily increase
the limits per card.
6. Strategic Purchases: The Procurement Services Division Director or designee may
utilize (or delegate the authority to other Agency staff to utilize) a Purchasing Card to place orders
that exceed the limits by the County Manager or designee, in instances where one or more of the
following is true:
Page 24 of 43
a) Where the purchase is to address a valid public emergency; or
b) Where the County will earn revenue through card program rebates; or
c) Where a vendor is requiring the County to order by purchasing card; or
d) If beneficial to the County in accordance with the County's policies and
procedures.
7. Sales Tax Compliance: Pursuant to Section 212.08(6)9 Fla. Stat., County purchases
transacted with vendors within the State of Florida are exempt from the State sales and use tax. In
such instances, it is the responsibility of the cardholder to provide the vendor with the appropriate
tax exemption information when the card is presented to the vendor. In the event that the
cardholder fails to provide the vendor with the appropriate tax exemption information when the
card is presented, the cardholder may be responsible for payment of the tax.
It is the position of the Board that it is not cost effective or in the public interest to require
a cardholder to seek a credit for sales tax collected when the total sale does not exceed $300. If
the total sale exceeds $300, the cardholder's Director is responsible for ensuring the tax is returned
to the County for the purchase.
8. All fixed assets purchased using a purchasing card shall be properly reported to the
Fixed Assets Section of the Clerk of the Circuit Court's Finance Division so that it can be properly
recorded.
9. In all such instances, the Procurement Services Division Director or designee shall
ensure that the purchase has been approved subject to all other provisions of this Procurement
Ordinance.
SECTION EIGHTEEN: Advanced Payments for Goods and Services.
1. The procedures for the pre -payment of goods and services with County funds
including, but not limited to, dues and membership, insurance, maintenance agreements,
subscriptions, travel arrangements, postage, and other purchases shall be as prescribed by the
Department of Financial Services through its Administrative Rules as provided for in Section
28.235, Fla. Stat, The Clerk of the Circuit Court is authorized to make advanced payments on
behalf of the County for goods and services based on those established procedures, unless
otherwise authorized by law.
2. The Board may review and approve requests for advanced payment above the
Formal Competition threshold. The criteria for approval may include:
a) Advance payment will result in a savings to the County.
b) The goods or services are only available if the advance payment is made.
3. Advanced payments may be made for other goods and services up to the Formal
Competition threshold, if approved in advance by both the Procurement Services Division Director
or designee and the Clerk of the Circuit Court Accounts Payable.
Page 25 of 43 CA�
SECTION NINETEEN: payment of Invoices.
1. Agencies under the purview of the Board shall be in compliance with Section
218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." Pursuant to
this, the requirements of this section shall apply to the following transactions:
a) The purchase of commodities and services.
b) The purchase or lease of personal property.
c) The lease of real property.
d) Direct Material Purchases.
e) Construction Services.
f) On good cause shown, the Board shall have the authority to waive any and all
irregularities with respect to the payment of invoices submitted in good faith
for work ordered and performed for the County, where payment reflects the fair
value of services performed or goods received.
2.
The
Board approves the County Manager or designee
to authorize minor
payment
variances
between
the Purchase Order and invoice where warranted.
The authority to
pay such
variances
shall not
exceed 5% of the Purchase Order amount or
$500,
whichever is less.
3. The County Manager or designee shall establish and maintain a process to address
freight and delivery charges not in compliance with FOB destination terms contained in the County
General Terms and Conditions.
4. [t shall be the responsibility of the County Manager or designee, in consultation
with the Clerk's Finance Director and County Departments/Divisions, to establish procedures for
the timely payment of all transactions as defined herein. Such procedures shall include, but are not
limited to, the following:
a) Formally defining the County's requirements for the content and submission
of a proper invoice, codifying the County's payment requirements and
notifying each vendor of their availability.
b) Steps required for the receipt of all invoices and the prompt return of
improper invoices.
c) Steps required for the resolution of payment disputes between the County
and a vendor.
5. Vendor Payment Dispute Resolution Process. The purpose of this section is to establish a
procedure whereby payment disputes with vendors who provide goods and services to the County
are resolved in a timely manner and in keeping with the Local Government Prompt Payment Act.
a) Definitions. The definitions set forth in the Local Government Prompt
Payment Act (Section 218.72, Fla. Stat.) are hereby incorporated by
reference.
Page 26 of 43
b) If an improper payment request or invoice is submitted by a vendor, the
County shall, within ten (10) calendar days after the improper payment
requester invoice is received, notify the vendor, in writing, that the payment
request or invoice is improper and indicate what corrective action on the
part of the vendor is needed to make the payment request or invoice proper.
The County shall make payments for the purchase of goods or services other
than construction services within forty-five (45) calendar days after the date
specified in Section 218.73, Fla. Stat., and for the purchase of construction
services as specified in Section 218,735, Fla. Stat.
c) Non -Construction Services Dispute Resolution Process.
if the parties are unable to reach resolution on the payment dispute, the
County Manager or designee, shall appoint a Hearing Officer, to whom the
matter will be referred to. The Hearing Officer shall have the sole and full
authority to thereafter resolve the dispute. The proceedings before the
Hearing Officer to resolve the dispute shall commence within forty-five
(45) calendar days after the date the payment request or improper invoice
was received by the County and shall be concluded with final written
decision by the Hearing Officer within sixty (60) calendar days after the
date the payment request or improper invoice was received by the County.
These proceedings are not subject to Chapter 120, Fla. Stat., and do not
constitute an administrative hearing. Rather, these proceedings are intended
to be quasi-judicial, open to the public, with the written decision of the
Hearing Officer being final, subject only to certiorari review. If the dispute
is resolved in favor of the County, interest charges shall begin to accrue
fifteen (15) calendar days after the Hearing Officer's final decision. If the
dispute is resolved in favor of the vendor, interest begins to accrue as of the
original date the payment became due.
i) If the County does not timely commence this dispute resohrtion
process within the time required, a contractor may give written notice to the
County of the failure to timely commence this dispute resolution procedure.
If the County fails to commence this dispute resolution procedure within
four (4) business days, excluding weekends and County holidays, after such
notice, any amounts resolved in the vendor's favor shall bear mandatory
interest, as set forth in Chapter 218, Fla. Stat. from the date the payment
request or invoice containing the disputed amounts was submitted to the
CMinty. If the dispute resolution procedure does not commence within four
(4) business days, excluding weekends and County holidays, after the
notice, the objection to the payment request or invoice shall be deemed
waived. The waiver of an objection pursuant to this paragraph does not
relieve a Contractor of its contractual obligations.
In an action to recover amounts due under this part, the court shall
award covet costs and reasonable attorneys fees, including fees incurred
through appeal, to the prevailing party.
Page 29 of 43
When good cause is shown, the Board may waive any and all
rregularities with respect to the payment of invoices submitted in good faith
for work ordered by and performed for the County, and where payment
reflects the fair value of services performed or goods received.
d) Construction Services Disputes Resolution Process. The disputes must be
resolved in accordance with the dispute resolution process prescribed in the
construction contract. If no dispute resolution process is prescribed in the
construction contract, then the above Non -Construction Dispute Resolution
Process shall govern.
6. Contract Claims. All actual or prospective claims arising against the County from
contractors, vendors, or any other party in direct privity with the County to provide goods or
services shall first be directly addressed by the parties' administrative representatives in a manner
consistent with the agreement between the parties and in accordance with the County's adopted
procedures, and applicable State and federal law. For any prospective or actual claims or disputes
arising under any contract entered into by the County, the Procurement Services Division Director
or designee must determine the facts of the dispute. All contract claims should follow the County's
Vendor Payment Dispute Resolution Process outlined above.
SECTION TWENTY: Contract Administration.
1. Contract Document Every procurement of contractual services or commodities
shall be evidenced by a written document containing all provisions and conditions of the
procurement The document shall include, but not be limited to:
a) Payments to contractors, vendors, consultants: Prior to the execution of a
formal contract subject to this Procurement Ordinance, a formal payment
schedule and payment terms shall be established within the agreement. Such
terms and conditions shall be consistent with the requirements of all applicable
laws and the formal solicitation documents.
b) A listing of the scope of services to be performed or commodities to be
purchased.
c) A provision specifying the terms of termination by the County and where
applicable, a provision specifying the terms of renewal, which may include
price adjustments.
d) Where applicable, a provision establishing the appropriate types and levels of
insurance to be carried out by the vendor. The provision shall be employed in
a manner consistent with minimum insurance standards approved by the
Board.
e) A provision regarding indemnification of the County.
f) A provision requiring compliance with all applicable federal laws and Florida
Statutes, including but not limited to Sections 287.133, 287.135, 287.138,
448.095, and 908.111, Fla, Stat,
A purchase order that embodies these provisions shall be sufficient documentation of the
procurement. Except as otherwise provided in this Procurement Ordinance, the Procurement
Services Division Director or designee shall determine the circumstances under which a Board
approved purchase order (and all documents included by reference) shall serve as the contract
document.
2. Contract Approval.
a) AlI contracts for conunodities and services exceeding Section Ten, Formal
Competition Threshold, shall be authorized by the Board. Once approved,
subsequent purchase orders referencing those Board approved contracts may be
issued by the Procurement Services Division Director or designee.
b) Contracts below Section Ten, Formal Competition Threshold, shall be subject
to the review and approval by the Procurement Services Division Director or
designee. Once approved, subsequent purchase orders may be issued by the
Procurement Services Division Director or designee.
3. All contracts, including terms and conditions, shall be subject to the review and
approval by the County Attorney's Office,
4. Contract Administrative Agent/Pt•oject Manager: Every procurement of services
shall be administered by the requesting Agency/Departments/Divisions.
5. Change Orders and Atnendtnents:
a) Change orders and amendments that increase the total contract amount by
$250,000 or more above the original Board -approved amount must be
approved by the Board. Any subsequent price increases, regardless of the
amount, will also require Board approval.
b) Any allowance amormt approved by the Board for a particular project shall
not be ine(uded in the calculation of the value of changes for the purpose of
determining the applicable approval threshold. Alternatively, the Board
may authorize an allowance amount for the County Manager or designee
approval.
c) During exigent circumstances, where the approval of a Construction
Change Order requires the County to approve or deny a price quote for
construction services received from a contractor within 35 days of receipt,
or have the price quote be deemed approved (as mandated by Section
218,755, Fla. Stat.), and the Change Order price quote cannot be presented
to the Board to meet that time requirement, the Board authorizes the
Department Head or designee and Procurement Director or designee to
approve or deny those Change Order's that otherwise exceed the Board's
delegated Change Order threshold for staff approval, subject to
subsequently presenting such items to the Board for ratification through the
Procurement Administrative Report,
Page 29 of 43
6. The Procurement Services Division Director or designee shall have the authority to
approve the following, without further Board approval:
a) Change orders and amendments that increase the total contract amount by
less than $250,000 from the original Board -approved amount will be
presented to the Board for ratification through the Procurement
Administrative Report.
b) All change orders and amendments for contracts that were originally
executed by the Procurement Services Division Director or designee, so
long as the total contract amount, including increases, does not exceed
$250,000.
c) Zero cost changes or changes that result in a lower contract amount.
d) Increases or decreases to Board -approved days.
e) Direct material purchases.
i) Notices to proceed or noncompliance and start and stop work notices.
g) Authorization for the use of approved allowances.
h) Reallocation of approved funds between line items.
i) Work order(s), if the work order is equal to or below such Board approval
parameters for work orders as set forth in the Board approved Continuing
Contract or Agreement for services under which the work order is
generated. Work orders must be in sufficient detail to audit according to
the approved contract.
7. Subsection 5 and 6, shall not be applicable to continuing contracts, fixed terns
contracts, fixed -fee contracts, or blanket purchase orders. Such purchases shall be subject to all
other provisions of this Procurement Ordinance.
8.
All material changes
in the scope of contracts must be approved
by the Board in
advance.
9. The Board has broad authority, within the limits of the law, to evaluate and approve
any reeoimrnended contract annendment without requiring further competition.
1
0. Price Adjustments: The Procurement Services Division Director or designee shall
have the authority to approve upward or downward price adjustments, subject to the following
conditions:
a) That the Procurement Services Division Director or designee has received a
request fran the ConU•act Administrative Agent/Project Manager supporting
the request, verifying contractor's satisfactory performance, and availability of
funds for the applicable fiscal year.
Page 30 of 43
b) That the price adjustment is identified in the solicitation document and/or
resultant contract.
Price adjustments that exceed the formal competition threshold per fiscal year dollar total
expenditure, unless otherwise provided, and/or price adjustments that fail to meet one or more of
the conditions set forth herein will require the approval by the Board.
IL Contract Renewals: The Procurement Services Division Director or designee shall
authorize and execute renewals of contracts for commodities and/or services subject to the
following conditions:
a) Tltat the contractor has performed in a satisfactory manner, and that the
Procurement Services Division Director or designee has received a request to
renew from the contractor or Contract Administrative Agent/Project Manager
verifying the contractor's satisfactory performance.
b) That the Board -approved contract provided for a renewal and is renewed subject
to the terms and conditions set forth in the contract. Cost and term modifications
are addressed in the original solicitation document and/or resultant contract.
c) That the renewal is done For a set period of time identified in the solicitation
document and/or resultant contract, commencing at the end of the initial
contract term.
Proposed contract renewals that fail to meet one or more of the conditions set forth herein
will require the approval of the Board.
12. Contract Extension: Extensions) of aBoard-approved contract for commodities
or non -construction services may be requested by the Contract Administrative Agent/Project
Manager to the Procurement Services Division Director or designee, in writing, for a period not to
exceed six (6) months (cumulatively) and shall be subject to the same terms and conditions set
forth in the contract. The Procurement Services Division Director or designee shall have the
authority to authorize and execute all such extensions, which must be issued prior to the expiration
of the contract. Any extension(s) that exceed six (6) months (cumulatively) shall require approval
by the Board.
1
3. Construction Agreements.
a) Retainage. In accordance with Section 218.735(8), Fla. Stat., the Board may
reduce below 5% the amount of retairtage withheld front each subsequent
progress payment issued to a contractor where applicable.
b) Liquidated
Damages.
County
Departments/Divisions
shall obtain
authority
from the
Board to
waive
the assessment of
liquidated
damages.
14. Consent to Assignments of Contracts: The County's authority for consent to
assignment of a contract may be approved by the Procurement Services Division Director or
designee.
Page 31 of 43 CAO
15.
Contract Terminations:
Notices that terminate
in its entirety a
Board -approved
purchase or
contract must be approved
by the Board prior to
its termination,
unless otherwise
provided in
the contract.
SECTION TWENTY-ONF,: Performance and Payment Bonds.
A contractor or vendor shall provide a surety bond from a surety company to guarantee full
and faithful performance of a contract obligation and the payment of labor and material expended
pursuant to a contract whenever, and in such amounts, as required by statute or otherwise as
deemed necessary by the ProCUrenlent Services Division Director or designee.
I. The Procurement Services Division Director or designee shall determine if a bid
bond shall be required for any competitive procurement. if required, the bid bond will be five (5)
percent of the amount of the bid or proposal. Unsuccessful vendors are entitled to full return of
their bid bond. Upon determination by the Board, the successful vendor shall forfeit this bid bond,
or a portion thereof, upon failure to enter into a contract or act on the purchase order issued within
ten (10) business days, excluding weekends and County holidays, of presentation of a contract or
purchase order by the County,
2. The Procurement Services Division Directorordesignee shall determine if payment
bonds, and performance bonds are required. All contracts for construction or repairs of public
buildings and public works projects shall require payment and performance bonds in accordance
with Section 255,05, Fla. Stat.
3. Payment and performance bonds shall be at least 100 percent of the contract
amount, including allowance.
4. All required bonds shall be from a surety company authorized to do business in the
State of Florida to guarantee the full and faithful performance of the contractual obligations and
the payment of labor and material expended pursuant to the contract whenever and in such amounts
as is deemed necessary by the Procurement Services Division. The surety shall meet the
requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates
of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies."
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.
5. The vendor is required to record the payment and performance bonds and riders
with the Collier County Clerk of the Circuit Court and pay all associated costs.
6. All such bonds or letters of credit shall be approved as to form by the County Attorney
and held by the Clerk's Board Minutes and Records Department.
SECTION TWENTY-TWO: Unauthorized Purchases.
All purchases made shall be consistent and in compliance with the Procw•ement Ordinance.
Violations shall be handled in the manner provided by Statute or applicable Collier County
Procurement Manuals. Any purchase or contract made contrary to the provisions thereof and
Page 32 of 43
contrary to Florida law shall not be approved and the County shall not be bound thereby, unless
and until the following actions occur:
1. If C01.111ty staff authorizes work or purchases that are not in conformance with the
P rocurenlent Ordinance, Procurement Manuals, or contracts, the County Departments/Divisions
must first complete an After -the -Fact Procurement form.
2. The Board shall approve After -the -Fact Procurement forms for transactions
exceeding the formal competition threshold.
3. The Procurement Services Division Director or designee shall approve act Procurement Procurement forms for transactions below the formal competition threshold and will report
those to the Board through the Procurement Administration Report,
SECTION TWENTY-THREE: Prohibition against Subdivision.
No contact or purchase shall be subdivided to avoid the requirements of this Procurement
Ordinance or State law.
SECTION TWENTY-FOUR: Protest of Bid m• Proposal Award.
The purpose of this section is to accommodate legitimate protests concerning formal
competitive solicitations and recommended contract awards prior to award of a contract by the
Board.
I. Any bidder to an ITB, ITN, RFP, 1FQ or RPS who alleges to be aggrieved in
connection with the solicitation or recommended award of a contract, (hereafter referred to as "the
protesting party") may protest to the Procurement Services Division Director or designee, who
shall serve as the sole recipient of any and all notices of intent to protest and all formal protests.
2. With respect to a protest of the terms, conditions and specifications contained in a
solicitation, including any provisions governing the methods for evaluation of bids, proposals or
replies, awarding contacts, reserving rights for further negotiation or modifying or amending any
contract, the protesting party shall file a notice of intent to protest with the Procurement Services
Division Director or designee within three (3) business days by 5:00 p.m., excluding weekends
and County holidays, after the first publication, whether by posting or formal advertisement of the
solicitation. Failure to file a notice of intent to protest within the time and manner prescribed by
this policy shall constitute a waiver of the respondent's right to protest the solicitation. The formal
written protest shall be filed within five (5) business days by 5:00 p.m, of the date the notice of
intent is filed, excluding weekends and County holidays. Formal protests of the terms, conditions
and specifications shall contain all of the information required for the Procurement Services
Division Director or designee, to render a decision on the formal protest and determine whether
postponement of the bid opening or proposal/response closing time is appropriate. The
Procurement Services Division Director's or designee's decision shall be considered final and
conclusive unless the protesting party files an appeal of the Procurement Services Division
Director or designee's decision to the County Manager. The appeal process to the County Manager
will follow the same appeal process used for a formal protest of a contract award as stated below.
Page 33 of d3 --
3. Any bidder who desires to protest a recommended contract award shall submit a
notice of intent to protest to the Procurement Services Division Director or designee within three
(3) business days, excluding weekends and County holidays, from the date of the initial posting of
the recommended award. Failure to file a notice of intent to protest within the time and manner
prescribed by this policy shall constitute a waiver of the respondent's right to protest the
recommended award.
The notice of intent to protest shall contain at a rminim�ml:
a) Name of the protestor;
b) Protestor's address;
c) E-mail address and telephone number;
d) Name of the protestor's representative to whom notices may be sent;
e) Project name and number of the competitive procurement; and
f) A brief factual summary of the basis of the intended protest.
�. All formal protests with respect to a recornrmended contract award shall be
submitted in writing to the Procurement Services Division Director or designee fora decision. All
formal protests shall be submitted within five (5) business days, by 5:00 p.m., excluding weekends
and County holidays, from the date that the notice of intent to protest is received by the
Procurement Services Division Director or designee. The protesting party must have standing as
defined by established Florida case law to maintain a protest.
The formal protest shall contain, but not be limited to, the following information:
a) Name and address of County Agency affected and the solicitation number and
title.
b) The name and address of the protesting party.
c) A statement of disputed issues of material fact. If there are no disputed material
facts, the written letter must state that.
d) A concise statement of the ultimate facts alleged and of any relevant rules,
regulations, statutes, and calstitutional provisions entitling the protesting party
to relief.
e) The protesting patty's demand for the relief.
f) Such other information as the protesting party deems to be material to the issue.
g) As a condition of filing a formal protest to the Procurement Services Division
Director or designee, the protesting party shall submit anon -refundable filing
fee for the purpose of defraying the costs of administering the protest. The filing
fee shall be submitted with the formal protest. Failure to pay the filing fee shall
result in the denial of the protest. The filing fee may be in the form of a certified
check, cashier's check, or money order made payable to Collier County, Florida
or the Collier County Board of County Commissioners in an amount equal to
Page 3A of 43
rive (5) percent of the protestor's bid or $10,000.00, whichever is less; provided,
however, if no value is attached then the bond will be $10,000.00,
The formal protest shall contain all arguments, facts or data supporting and advancing the
protestor's position. Under no circumstances shall the protestor have the right to amend,
supplement or modify its formal protest after the filing thereof. Nothing herein shall preclude the
County's authority to request additional information from the protesting party or other bidders or
proposers in conjunction with the review and rendering of decisions on the protest, including any
subsequent appeal.
5. In the event of a timely protest of contract award consistent with the requirements
of this section, the Procurement Services Division Director or designee 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 makes a determination on the record that the
award of a contract without delay is in the best interests of the County. Nothing herein prevents
the Procurement Services Division Director or designee from rejecting all submissions to the
solicitation any time prior to award. During this process, the protesting party shall limit their and
the Procurement Services Division Director or designee communications with the County to the
Office of the County Attorney, and neither the protesting party, their agents or their representatives
shall have any private contact or discussions with individual County Commissioners, the County
Manager, other County employees, or any independent hearing officer (where applicable)
regarding the protest except such communications as may be required or permitted during a
hearing, if applicable, or a meeting of the County Commission wherein the solicitation or award
is to be considered.
6. The Procurement Services Division Director or designee shall review the merits of
each timely protest and in consultation with the appropriate County staff, issue a decision stating
the reasons for the decision and the protesting party's rights of appeal under this section. The
decision shall be in writing and mailed or otherwise furnished to the protesting party. The decision
of the Procurement Services Division Director or designee shall be final and conclusive unless the
Protesting party delivers a subsequent written notice of appeal to the County Manager within three
(3) business days, by 5:00 p.m., excluding weekends and County holidays from the date of receipt
of the decision. In filing a written objection to the Procurement Services Division Director's or
designee's decision, the protestor shall not introduce new arguments or alter in any other way their
protest submission. An appeal of the Procurement Services Division Director's or designee's
decision shall be limited to a review of the grounds set forth in the formal protest, and no new
grounds or arguments will be introduced or considered.
7. The protester may appeal the decision of the Procurement Services Division
Director• or designee to the County Manager• by filing a written appeal with the County Manager's
Office within three (3) business days, by 5:00 p.m., excluding weekends and County holidays from
the date of receipt of the decision. The appeal must be in writing and must include a full
explanation of the basis of disagreement with the decision rendered by the Procurement Services
Division Director or designee as well as the relief sought. The County Manager shall determine
whether to appoint an independent Hearing Officer to review the formal protest and the
Procurement Services Director's or designee's decision. If the County Manager appoints a Hearing
Officer, the Hearing Officer's review shall be limited to the grounds set forth in the formal protest.
The protesting party shall have the burden of proof. The Hearing Officer shall consider the formal
protest, the Procurement Services Director's or designee's decision, and supporting documents and
Page 35 of 43
evidence presented at the hearing. In any hearing, irrelevant, immaterial or unduly repetitious
evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably
prudent persons in the conduct of their affairs shall be admissible whether or not such evidence
would be admissible in a trial in the courts of Florida. The Hearing Officer may grant the motion
of any person having standing under Florida law to intervene in the proceedings. Persons or parties
shall have the right to be represented by counsel in the proceedings, to call witnesses, and present
evidence; provided, however, that the Hearing Officer shall not have the right to compel attendance
of witnesses or to permit or compel any discovery.
The Hearing Officer will have a maximum of sixty (60) calendar days to schedule and
conduct a hearing into the matter and issue a recommended finding of fact and an opinion in
writing to the County Manager or designee for submission to the Board. Should the Hearing
Officer find in favor of the County, the protesting party shall pay, in full, the costs of the Hearing
Officer. If the Hearing Officer's recommended decision is in favor of the protesting party, then the
County will assume this cost.
The County Manager's discretion as to whether to appoint a Hearing Officer shall in no
way afford the protestor the tight to demand such an appointment or hearing. The decision of a
Hearing Officer on a protesting party's appeal shall be submitted to the Board for its consideration
as part of a final award decision. Nothing herein shall be construed as creating a right of judicial
review of the Hearing Officer's decision, nor shall such decision be binding upon the Board.
Additionally, nothing herein shall be construed as limiting the Board's right to reject any and all
bids or proposals.
Decisions of the Procurement Services Director or designee and Hearing Officer (where
applicable) will be provided to the protestor prior to the award recommendation being presented
to the Board. Neither the County Manager's decision nor the Hearing Officer's recommended
decision shall be construed as an award recommendation triggering additional rights of protest
pursuant to this policy. Notwithstanding anything set forth herein to the contrary, the Board shall
retain the authority to make the final award decision. The County Manager shall issue his/her
decision on the appeal within thirty (30) calendar days of receipt of the appeal or receipt of an
appointed Hearing Officer's recommended findings, whichever is later.
8. The decision of the County Manager may be appealed to the Board of County
Commissioners by the filing of a written appeal with the Board Chair within three (3) calendar
days of issuance of the County Manager's decision. The Board shall overturn the selection if the
protester proves by clear and convincing evidence that the selection did not comply in material
respects with the requirements contained in the competitive procurement documents, with this
Section, or with applicable law.
9. Failure by a protestor to comply with the timelines and requirements set forth herein
shall result in an immediate invalidation and termination of the protest and a waiver of the right to
seek further redress or to appeal the alleged adverse action in a court of law.
10. Nothing
herein relinquishes
the County's
rights
to
waive minor irregularities.
Further, nothing herein
shall grant
any rights
to
the
unsuccessful protestor.
1 I . Notwithstanding anything set forth herein to the contrary, the Board shall retain the
authority to make the final award decision.
Page 36 of 43 CAO
SECTION TWENTY-FIVE: Conflict of Interest.
The procurement of goods and services shall comply with all applicable state, local and
federal laws concerning ethics and conflict of interest.
SECTION TWENTY-SIX: Debarment and Suspension.
The County Manager may suspend and/or debar vendors, contractors, consultants and other
nterested and affected persons from active participation in obtaining County contracts upon
approval of the Board. 'fire purpose of any such action shall be to protect the County's interests
and maintain the integrity of the public contracting and purchasing process. Selecting highly
qualified contractors that engage in ethical and responsible business practices protects the public
and supports the procurement process. The debarment and suspension processes shall be
considered to be separate from and in addition to the award evaluation and vendor performance
evaluation processes authorized elsewhere in this Procurement Ordinance. The debarment and
appeals process shall not stay Collier County's solicitation, negotiation, or contract award
processes.
1. Suspension. Refers to action taken by the County Manager to temporarily
disqualify a contractor from County contracting or Comity approved subcontracting pending action
of the Board. The Procurement Services Division Director or designee shall recommend to the
County Manager the suspension of a contractor, subcontractor or person font consideration for
award of contracts if there appears to be a reasonable basis for debarment as set forth herein. If a
suspension precedes a debarment, the suspension period shall be considered in determining the
debarment period. The suspension period shall not exceed six (6) months or until the conditions
have been rectified or resolved to the County's satisfaction, without the approval of the Board. The
prospective causes for suspension include one or more of the following:
a) Failure to fully comply with the condition, specifications, or terms of a bid,
proposal or contract with the County.
b) The Procurement Services Division has formally disqualified or declared a
contractor's bid, quotation, or proposal non -responsive, based on the Contractor's
fraud or misrepresentation.
c) The Contractor is charged by a court of competent jurisdiction with the
commission of a criminal offense as an incident to obtaining or attempting to
obtain a public or private contract, subcontract, or in the performance of such
contract or subcontract. If charges are dismissed or the contractor is found not
guilty, the suspension shall be lifted automatically upon proof of final court
disposition by the contractor to County.
d) The contractor
becomes
insolvent,
has proceedings
in bankruptcy instituted
against it, or has
a receiver
or trustee
appointed over its
property.
e) The contractor is charged by a court of cornpetentjurisdiction with the following:
embezzlement, theft, forgery, bribery, falsification or destruction of records,
receiving stolen property, or any other offense indicating a lack of business
integrity or business honesty which currently, seriously, and directly affects
Page 37 of 43
responsibility as a County government contractor. If charges are dismissed or the
contractor is found not guilty, the suspension shall be lifted automatically upon
proof of final court disposition provided by the contractor to County.
t) Contractor violates the ethical standards set forth in local, state or federal law.
g)
Contractor
commission of any act or
omission to perform any act which is
grounds for
debarment.
h) Any other cause the Procurement Services Division Director or designee
determines to be serious and compelling as to materially and adversely affect
responsibility of a business as a County government contractor, including but not
limited to suspension by another governmental entity for substantial cause.
2.
Debarment Means action taken by the County
to exclude a contractor from County
contracting
and County -approved
subcontracting for a reasonable specified period as provided
herein. The
prospective causes for
debarment include one or
more of the following:
a) Conviction for commission of a criminal offense as an incident to obtaining or
attempting to obtain a public or private contract or subcontract, or in the
performance of such contract or subcontract.
b) Conviction under state or federal law of embezzlement, theft, forgery, bribery,
falsification or destruction of records, receiving stolen property, or any other
offense indicating a lack of business integrity or business honesty which
currently, seriously and directly affects responsibility as a contractor.
e)
Conviction under
state
or federal antitrust laws arising out of the submission of
bids, proposals or
other
competitive offers.
d) Violation(s) of County contracts) provisions, which is (are) deemed to be serious
and to warrant debarment, including the failure, without good cause, to perform
in accordance with the terms, conditions, specifications, scope, schedule or any
other provisions of the contract(s).
e) Refusal to provide bonds, insurance or other required coverage and certifications
thereof within a reasonable time period.
f) Refusal to accept a purchase order, agreement or contract, or perform accordingly
provided such order was issued timely and in conformance with the solicitation
and offer received.
g) Presence of principals or corporate officers in the business of concern, who were
principals within another business at the time when the other business was
suspended or debarred within the last three (3) years under the provisions of this
section.
h) Violation of the ethical standards set forth under applicable state or county laws.
Page 38 of 43
i) Debarment of the contractor by another public agency.
j)
Submitting
false invoices
or invoices that mislead, misrepresent
the true costs
incurred or
falsely identify
either a source of material or a provider
of a service.
k)
Any other cause
deemed to be so serious
and
compelling
as to materially affect
the qualifications
or integrity of the
contractor.
3. Scope of suspension or debarment The following shall be the scope of suspension
or debarment under this section:
a) The fraudulent, criminal, or other seriously improper conduct of any officer,
director, shareholder, partner, agent, employee, or other individual associated
with a contractor may be imputed to the contractor when the conduct occurred in
connection with the individual's performance of duties for or on behalf of the
contractor, or with the contractor's knowledge, approval, or acquiescence. The
contractor's acceptance of the benefits derived from the conduct may be evidence
of such knowledge, approval, or acquiescence.
b) The fraudulent, criminal, or other seriously improper conduct of a contractor may
be imputed to any officer, director, shareholder, partner, employee, or other -
individual associated with the contractor who participated in, knew of, or had
reason to know of the contractor's conduct.
c) The fraudulent, criminal, or other seriously improper conduct of any
subcontractor associated with a contractor may be imputed to the contractor when
the conduct occurred in connection with the subcontractor's performance of duties
for or on behalf of the contractor, and the contractor has knowledge of, approved
of, or acquiesced in this conduct. The contractor's acceptance of benefits derived
from the conduct shall be evidence of such knowledge, approval, or acquiescence.
d) The fraudulent, criminal, or other seriously improper conduct of one contractor
participating in a joint venture or similar arrangement may be imputed to other
participating contractors if the conduct occurred for or on behalf of the joint
venture or similar arrangement, or with the knowledge, approval, or acquiescence
of these contractors. Acceptance of the benefits derived from the conduct may be
evidence of such knowledge, approval, or acquiescence.
4. Effects of suspension and debarment, Suspended or debarred contractors are
excluded from receiving contracts, and County Departments/Divisions shall not solicit offers from,
award contracts to, or consent to subcontract with the vendor. Such contractors are also excluded
from conducting business with the County as agents, representatives, subcontractors, or partners
of other vendors. n
5. Suspension or debarment procedures. The following procedures shall be used for
the suspension or debarment of a contractor:
Page 39 of 43
a) The County Department/Division shall promptly investigate and prepare a written
report concerning a contractor's proposed suspension or debarment, which shall
be forwarded to the Procurement Services Division Director or designee.
b) Within a reasonable amount of time of the Department's/Division's request, the
Procurement Services Division Director or designee, after examining such
reports, shall make a determination as to whether there is sufficient cause to
suspend or debar the contractor. If the Procurement Services Division Director or
designee finds sufficient cause, he/she shall issue a preliminary notice of
suspension of debarment for a maximum period of up to six (6) months. The
Procurement Services Division Director or designee shall notify the subject
contractor by certified mail, return receipt requested, or personal service that:
i. Suspension or debarment has been imposed effective upon the receipt
of notice;
ii. This notice contains the reasons and causes for the suspension or
debarment in terms which are sufficient to put the contractor on notice
of the conduct upon which it is based;
iii. If requested by the contractor within twenty-one (21) calendar days
after the date of receipt of such notification by the contractor, the
Procurement Services Division Director or designee shall refer the
matter to the Hearing Officer, and a hearing to contest the suspension
or debarment will be conducted before the Hearing Officer at a date
and time not more than ten (10) calendar days after the receipt of such
a request. The notice shall advise the contractor that it may be
represented by an attorney, may present evidence, verbal testimony,
and may cross examine testimony; and
iv. Sucln suspension or debarment action may only be stayed after petition
by the vendor to the Board.
c) The preliminary suspension or debarment notice shall become final and
conclusive unless the suspended or debarred vendor timely requests a hearing
before the Hearing Officer. If a hearing is not requested, the Procurement Services
Division Director or designee decision shall then be presented for action at the
next Board meeting with a recommendation relating to the period of suspension
or debarment imposed upon the contractor.
d) The Hearing Officer shall be the sole trier of fact and shall ensure that the
proceeding affords due process and fairness to the contractor. In actions based
upon a conviction of judgment, or in which there is not genuine dispute over
material facts, the Heating Officer shall make a decision on the basis of all the
undisputed, material information in the administrative record, including any
undisputed, material submission by the contractor. Where actions are disputed
evidence, the Hearing Officer shall decide what weight to attach to the evidence
of the record, judge the credibility of witnesses, and base his/her decision on the
Page 40 of 43 C�Q
preponderance of the evidence. The Hearing Officer's decision shall be made and
shall be provided upon conclusion of the parties' arguments and evidence.
e) Hearsay evidence shall be admissible at the heating but shall not be the sole basis
for initiating a suspension or debarment procedure nor the sole basis of any
determination by the Hearing Officer of the suspension or debarment by
contractor. The hearing shall be audio recorded.
f) A written decision and recommendation thereafter shall be filed within five (5)
business days, excluding weekends and County holidays, with the County
Manager which shall include the Hearing Officer's factual findings, conclusions
of law, and shall include either a recommended specific term of suspension or
debarment to be imposed by the Board or a recommended dismissal of the
preliminary notice of suspension of debarment.
g) The County Manager shall present the Hearing Officer's decision to the Board at
the next Board meeting. The matter shall be resolved by the Board on the basis
of the record before the Hearing Officer and no evidence or issue which was not
presented or raised at such hearing shall be considered. Presentations to the Board
by parties shall be limited to thirty (30) minutes per side. The foregoing limitation
shall be inclusive of all speakers addressing the Board on behalf of each side. At
the conclusion of the testimony, the Board shall by majority vote accept or reject
the decision and recommendation of the Hearing Officer. The Board may also, in
its discretion, refer the matter back to the Hearing Officer for additional
proceedings. An appeal of the decision of the Board, which is filed within thirty
(30) business days, excluding weekends and County holidays, of its receipt by
the contractor, shall be subject to review by the appellate division of the circuit
court. A suspended or debarred contractor also may seek a stay of the Board's
decision in circuit court.
h) The period of suspension or debarment imposed upon a contractor shall be within
the sole discretion of the Board. Suspension or debarment shall be fora period
commensurate with the seriousness of the cause, and where applicable, within the
guidelines at a minimmn of six (6) months and not to exceed a period of five (5)
years taking into consideration any mitigating or aggravating circumstances.
6. After imposition of such suspension or debarment, the Board, in its discretion, may
reduce or may vacate such suspension or debarment, upon the contractor's written request, for
reasons such as:
a) Newly discovered material evidence;
b) Reversal of the conviction or civil judgment upon which the debarment was
based;
c) Bona fide change in ownership or management;
d) Elimination of other causes for which the suspension or debarment was imposed;
or
e) Other reasons the Board deems appropriate.
Page 41 of 43
The contractor's written request shall contain the reasons for requesting a reduction in the
suspension or debarment period. The Procurement Services Division Director or designee with the
assistance of the affected department, shall have thirty (30) business days, excluding weekends
and County holidays, from receipt of such request to submit a written response thereto. The
decision of the Board regarding a request made under this subsection is final and not appealable.
SECTION TWENTY-SEVEN: Waiver of Ordinance.
The Board shall have the authority to waive any and all Procurement Ordinance provisions
within lawful guidelines and upon formal Board action.
SECTION TWENTY-EIGHT: Conflict and Severability.
In the event this Ot•dinance conflicts with any other ordinance of Collier Couuty or other•
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competentjurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION'I'WENTY-NINE: Repeal of Ordinance No. 13-69, as amended.
Ordinance Nos.
13-69,
15-37,
15-51,
16-11,
16-19,
17-08,
18-38,
20-28, and all
amendments thereto, are
hereby
repealed
in their
entirety
and
superseded
by this
Ordinance.
SECTION THIRTY: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re -
lettered to accomplish such, and the word "ordinance" may be changed to "section," or any other
appropriate word.
SECTION THIRTY-ONE: Effective llate.
This Ordinance shall be effective upon filing with the Deparhnent of State.
Page 42 of 43
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2025.
ATTEST:
Crystal K. Kinzel, Clerk of Courts
& Comptroller
By:
Deputy Clerk
Approved as to form and legality:
Scott R. Teach
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Butt L. Saunders, Chairman
Page 43 of 43
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
commencing at 9:00 a.m. on August 12, 2025, in the Board of County Commissioners meeting room, third floor, Collier
Government Center, 3299 East Tamiami Trail, Naples, FL, to consider:
AN ORDINANCE REPEALING ORDINANCE NO. 2013-69, AS AMENDED, WHICH ORDINANCE
ESTABLISHED THE COLLIER COUNTY PROCUREMENT SERVICES DIVISION AND ADOPTED A
PROCUREMENT POLICY CONCERNING THE PROCUREMENT OF GOODS AND SERVICES, AND
REPLACING IT WITH THIS SUPERSEDING ORDINANCE, TO BE KNOWN AS THE COLLIER COUNTY
PROCUREMENT ORDINANCE, WHICH ORDINANCE SETS FORTH ITS PURPOSE, APPLICABILITY,
AND APPROVED THRESHOLDS; PROVIDES FOR DEFINITIONS; ESTABLISHES AND SETS FORTH
THE DUTIES OF THE PROCUREMENT SERVICES DIVISION AND PROCUREMENT SERVICES
DIRECTOR; ESTABLISHES ETHICAL STANDARDS; PROVIDES FOR PROCEDURES FOR SMALL
PURCHASES UNDER $10,000, FOR INFORMAL COMPETITION THRESHOLD FOR PURCHASES
EXCEEDING $10,000 BUT UNDER $250,000, AND FOR A FORMAL COMPETITION THRESHOLD AND
BIDDING PROCESS FOR PROCUREMENTS EXCEEDING $250,000; PROVIDES FOR PROCUREMENT
METHODS FOR THE COMPETITIVE PROCESS, THE PROCUREMENT OF PROFESSIONAL
SERVICES, AND COMPETITIVE PROPOSALS; ESTABLISHES ALTERNATIVE PROCUREMENT
METHODS; PROVIDES FOR EMERGENCY PURCHASING, AN EXEMPTION AND WAIVER TO THE
COMPETITIVE PROCESS, COOPERATIVE PURCHASING, AND STANDARDIZATION; PROVIDES
FORMAL COMPETITIVE AWARDS PROCESS, RESERVED RIGHTS TO THE COUNTY, REJECTION
AND CANCELLATIONS, NEGOTIATIONS, INSPECTING AND TESTING, AND AWARDS;
ESTABLISHES A PROCEDURE FOR UNSOLICITED PROPOSALS; ESTABLISHES POLICIES FOR
SMALL AND DISADVANTAGED MINORITY AND WOMEN BUSINESS ENTERPRISES; LOCAL
VENDOR PREFERENCE; PROVIDES FOR A PURCHASING CARD PROGRAM; PROVIDES FOR
ADVANCE PAYMENTS FOR GOODS AND SERVICES; PROVIDES FOR PAYMENT OF INVOICES; SETS
FORTH A PROCEDURE FOR CONTRACT ADMINISTRATION AND FOR PERFORMANCE AND
PAYMENT BONDS; PROHIBITS UNAUTHORIZED PURCHASES INCLUDING THE SUBDIVISION OF
PURCHASES; SETS FORTH A PROCEDURE FOR BID AND PROPOSAL AWARD PROTESTS;
PROHIBITS CONFLICT OF INTERESTS; SETS FORTH A PROCEDURE FOR THE DEBARMENT AND
SUSPENSION OF VENDORS; AUTHORIZES THE BOARD TO WAIVE THESE PROVISIONS WHEN
APPROPRIATE; PROVIDES FOR CONFLICT AND SEVERABILITY, REPEAL OF PRIOR ORDINANCES,
INCLUSION INTO THE CODE OF LAWS AND ORDINANCES, AND AN EFFECTIVE DATE.
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group
or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing. All materials
used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely
should register through the link provided within the specific event/meeting entry on the Calendar of Events on the
County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the
County website. Registration should be done in advance of the public meeting or any deadline specified within the
public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how
they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk.
The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey
Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management
Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BURT L. SAUNDERS, CHAIRMAN
Procurement Manual 2025 Version 1
Collier County
Procurement Manual
Procurement Services Division
Procurement Manual 2025 Version 1
1
INDEX # PAGE
0. APPROVAL 2
1. TITLE AND CITATION 3
2. PURPOSE 3
3. PROCUREMENT METHODS AND THRESHOLD SUMMARY 4
4. SMALL PURCHASES 4
5. INFORMAL COMPETITION 5
6. FORMAL COMPETITION 7
7. ALTERNATIVE PROCUREMENT METHODS 11
8. CONTRACT ADMINISTRATION 15
9. CONTRACT PLANNING 18
10. CONSTRUCTION AGREEMENTS 20
11. OTHER CONTRACTUAL DOCUMENTS 21
12. PAYMENT OF INVOICES 25
13. MONITORING CONTRACT PERFORMANCE AND DELIVERABLES 29
14. CONTRACT CLOSEOUT 30
15. UNAUTHORIZED PURCHASES 31
16. PROHIBITION AGAINST SUBDIVISION 32
17. SURPLUS 32
Procurement Manual 2025 Version 1
2
APPROVAL
Approval of this manual by the County Manager is pursuant to the Collier County Procurement Ordinance.
Approved: _______________________________________
Amy Patterson, County Manager
Effective Date: ________________________________________
By signing this Procurement Manual, the County Manager delegates to the Procurement Services Division
Director the authority to act on his/her behalf in all procurement activities as they relate to this Procurement
Manual.
All authority to execute documents that is vested to the County Manager is hereby delegated to the Procurement
Services Division Director or designee and shall be subject to the limits of any applicable federal, state, or other
law.
Modifications to this manual shall be effective when the revised document is approved in writing by the County
Manager and a new effective date is assigned. Standard Operating Procedures (SOPs), guidelines, forms, and
ancillary documents for the procurement process shall be effective with the approval of the Procurement Services
Division Director or designee. All forms referenced in this document are available on the Procurement Services
Division SharePoint intranet page and should be submitted via the Procurement Jira Ticketing System. Please note
that all mentions of contractor also refer to vendor, consultant, and supplier.
The Procurement Services Division Director or designee shall have the authority to interpret the Procurement
Ordinance and Procurement Manual and may issue directives for that purpose.
The authority to solicit for and enter into contracts provided herein requires strict compliance with the standards
and procedures established in this Procurement Manual, Collier County Human Resources Administrative
Practices and Procedures Manual (CMAs) and the Collier County Procurement Ordinance, as well as any
applicable provisions of State or federal laws.
Procurement Manual 2025 Version 1
3
1. TITLE AND CITATION
1.1 This manual shall be known and may be cited as the "Collier County Procurement Manual" or
"Procurement Manual."
2. PURPOSE
2.1 The purpose for this Procurement Manual is to provide uniform procedures for the procurement
and contracting of commodities and contractual services in accordance with the Procurement
Ordinance and State and federal law.
2.2 These procedures are designed to not only ensure compliance with the adopted Procurement
Ordinance, but also maximize the purchasing value of public funds, maintain the integrity of the
procurement process, and ensure that both the process and result are auditable.
2.3 Failure to comply with this Procurement Manual shall be deemed a violation and may be subject
to administrative disciplinary action, following Collier County Government Human Resources
procedures and guidelines, up to and including dismissal from Collier County Government
employment.
2.4 This Procurement Manual applies to the procurement of all goods and services irrespective of the
source of the funds.
2.5 Nothing within this Procurement Manual will prevent the County from complying with the terms
and conditions of any grant, gift, or bequest that is otherwise consistent with law.
2.6 The reader is reminded to consider all the information in this Procurement Manual, as well as
SOPs, forms, guidelines, and training materials available on the Procurement SharePoint intranet
page, when undertaking procurement activities.
2.7 The requesting Departments/Divisions shall be responsible for the development of all plans and
specifications sufficiently detailed to provide the basis for full and fair competitive solicitations.
The Procurement Services Division will provide support and input during this process.
2.8 The Procurement Services Division may require the requesting Departments/Divisions to provide
a market analysis prior to issuing a solicitation.
2.9 The availability of funds for the current fiscal year shall be confirmed prior to any transaction or
execution of any contract.
Procurement Manual 2025 Version 1
4
3. PROCUREMENT METHODS AND THRESHOLD SUMMARY
(Refer to Section Eleven of the Procurement Ordinance)
A summary of the procurement methods and required threshold authorizations are provided below:
Name of Competition Competition
Threshold
Minimum
Procurement Method
Type of
Contract
Issuing
Party
Approval
Authority
Small Purchases
Single Quote
$10,000 or less Single Quote Purchase Order
or P-Card
County
Departments/
Divisions
Procurement
Services
Division
Director or
designee
Informal Competition
Request for
Quotes
Exceeding
$10,000 but not
greater than
$250,000
$10,000 - $50,000
Three written quotes
either in writing or
County’s bidding
platform
$50,000 - $250,000
Three quotes through
County’s bidding
platform
Purchase Order,
P-Card, or
Contract
County
Departments/
Divisions
Procurement
Services
Division
Director or
designee
Formal Competition Exceeding
$250,000
ITB, RFP, RPS, ITN,
and IFQ
Purchase Order,
P-Card, or
Contract
Procurement
Services
Division
Director or
designee
Board
approval
required for
awards over
$250,000
Unless otherwise provided by statutes, all County non-exempt procurements must be made in accordance with the
chart above. Alternative Procurement Methods in Section Twelve of the Procurement Ordinance may be used
instead of the method identified above, when applicable. A purchase shall not be artificially divided or split to
qualify under any other section of the Procurement Ordinance.
4. SMALL PURCHASES
(Refer to Section Eight of the Procurement Ordinance)
4.1 Small Purchases Threshold. $10,000 or less.
4.2 Single Quote. Unless otherwise provided by law, all small purchases will be obtained by a single
quote, with documentation, and generally be processed using a Purchase Order or a P-Card, in
accordance with Section Seventeen of the Procurement Ordinance. County Department/Division
staff will procure the highest quality items or services at the least expense to the County.
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4.3 County Department/Division staff should make all reasonable efforts to purchase goods and
services under Board-approved contracts. In the event a contract is not utilized, staff will procure
the highest quality items or services at the least expense to the County.
4.4 Departments/Divisions will seek the best value for the purchase and attempt to combine like
purchases for cost centers under the Division’s control and will ensure that the purchase supports
the mission of the Division.
4.5 The Procurement Services Division Director or designee may, for strategic purchasing reasons,
direct all purchases of a specific nature (for example, office supplies or industrial supplies) to one
or more specific vendors regardless of the individual or aggregate purchasing volume.
5. INFORMAL COMPETITION
(Refer to Section Nine of the Procurement Ordinance)
5.1 Informal Competition Threshold. Unless otherwise provided by law, purchases in excess of
$10,000 but not greater than $250,000.
5.2 Request for Quotes. Department/Division or Procurement Services Division staff shall obtain at
least three (3) documented competitive quotes from responsible and responsive bidders.
5.2.1 Competitive quotes exceeding $10,000 but not greater than $50,000 may be solicited in
writing or through the County’s bidding platform.
5.2.2 Competitive quotes exceeding $50,000 but not greater than $250,000 shall be solicited
through the County’s bidding platform, unless otherwise approved by the Procurement
Services Director or designee.
5.2.2.1 Staff using the County’s bidding platform to obtain quotes must complete
training provided by the Procurement Services Division.
5.2.2.2 When utilizing the bidding platform, Staff is responsible for selecting the
appropriate commodity codes to ensure fair competition.
5.2.2.3 Department/Division staff must advertise for a minimum of ten (10) calendar
days and monitor bid submittals. As the Request for Quote bid submittal due date
and time approaches, if three (3) quotes are not received, the due date shall be
extended by seven (7) calendar days to promote competition, unless otherwise
approved by the Procurement Director, or designee.
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5.3 When Departments/Divisions are unsuccessful in securing three (3) comparable quotes, the
Departments/Divisions will seek the assistance of the Procurement Services Division. In
instances determined by the Procurement Services Division Director or designee that a good faith
effort was conducted, an award may be made with fewer than three (3) quotes.
5.4 Departments/Divisions will seek the lowest quote obtained (based on the unit or total price
identified in the quote) from the responsive (submits all information requested, agrees to meet
timeline, terms, conditions, etc.) and responsible bidder (has references that check out, current
licenses, certifications, demonstrated years of experience with equipment and staff to perform the
work, etc.).
5.5 All written quotes will be valid for up to thirty (30) calendar days prior to issuance of a Purchase
Order, unless otherwise stated in writing by the vendor.
5.6 Any resulting awards shall be to the responsible and responsive bidder submitting the lowest or
best overall quote which meets all specifications.
5.6.1 Final recommended award of any quote will be reviewed and approved by the
Procurement Services Division Director or designee.
5.6.2 Only the Procurement Services Division staff may issue a qualification-based quote.
5.7 Section Twenty-Four, Protest of Bid or Proposal Award, of the Procurement Ordinance, does not
apply to informal competitive quotes.
5.8 Departments/Divisions who are requesting quotes are to conduct themselves fairly and equitably
by providing the same information, under the same conditions, to all vendors in a fair and open
competitive process.
5.9 In the event the County has an approved contract available for utilization, Department/Division
staff should make all reasonable efforts to purchase goods and services under the approved
contract, unless staff demonstrates that the price under contract exceeds the price on a non-
contract; staff will procure the highest quality items or services at the least expense to the County.
5.10 The Procurement Services Division may recommend that additional sourcing and soliciting are
required by either the Departments/Divisions or by the Procurement Services Division Staff.
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6. FORMAL COMPETITION
(Refer to Sections Ten and Eleven of the Procurement Ordinance)
6.1 Formal Competition Threshold. Unless otherwise provided by law, all purchases exceeding
$250,000 will be competitively procured by Invitation to Bid (ITB), Invitation to Negotiate (ITN),
Invitation for Qualifications (IFQ), Request for Proposals (RFP), or Request for Professional
Services (RPS) issued by the Procurement Services Division Director or designee, and any
subsequent award shall be approved by the Board.
6.2 In addition to the procurement methods authorized elsewhere in the Procurement Ordinance,
Collier County shall competitively award construction contracts pursuant to Section 255.20, Fla.
Stat. when required, and other applicable law.
6.3 Unless otherwise provided by law, the minimum advertising period for all formal competitive
solicitation methods is thirty (30) calendar days, with the exception of construction services which
are advertised for forty-five (45) calendar days. The advertising period may be modified by the
Procurement Services Division Director or designee should unusual circumstances require it. All
advertising will take place on the County’s adopted bidding platform, and the County may make
use of additional advertising platforms or publications as is deemed necessary by the Procurement
Services Division Director or designee.
6.4 Each solicitation shall be awarded based on the criteria set forth in the solicitation.
6.5 For Invitations to Bid, the solicitation shall be awarded to the responsive and responsible bidder
submitting the lowest or best overall bid which meets all specifications.
6.5.1 Local Vendor Preference and tie breaker procedures are outlined in Section Sixteen of
the Procurement Ordinance.
6.5.2 Should a tie bid occur between two non-local bidders, the Procurement Services Division
Director or designee will "flip a coin" between the two lowest local bidders or draw lots
with a minimum of three witnesses when there is a tie among more than two local bidders.
The winner will be recommended for award of the contract.
6.6 For Requests for Proposals, Requests for Professional Services, Invitations for Qualifications, and
Invitations to Negotiate, the following applies:
6.6.1 The solicitations shall be awarded based upon the scoring criteria as set forth in the
solicitation documents, to the responsive and responsible proposer(s) who, in the sole
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opinion of the evaluation committee, is determined to be the most qualified to perform
the work.
6.6.2 The evaluation committee, whose composition is approved by the Procurement Services
Division Director or designee, will be comprised of voting members that may have
technical assistance from non-voting members, and have their committee activities
facilitated by a member of the Procurement Services Division.
6.6.3 Solicitations may be conducted in one or more steps and may involve oral presentations
or demonstrations by the proposers.
6.6.4 The determination of the award is made by the following:
6.6.4.1 A “short listing” of proposers is established by using the scoring criteria outlined
in the solicitation.
6.6.4.2 The short listing is followed by oral presentations, if required, at which point the
evaluation committee ranks the short-listed proposers in a final order of
preference using a standardized ranking form.
6.6.4.3 The final ranking shall be determined without regard to the score established
during the first evaluation (“short listing”).
6.6.5 At the conclusion of both the scoring and ranking evaluation committee meetings, the
results which may include standardized score/rank sheets, meeting minutes, and audio
recordings will be preserved by the Procurement staff member facilitating the evaluation
committee proceedings.
6.6.6 In the event of a tie at the final ranking, the order of ranking shall be determined based
upon the proposer(s) with the lower volume of work previously awarded. Volume of
work shall be calculated based upon total dollars paid to the proposer in the twenty-four
(24) months prior to the proposal submittal deadline. Payment information will be
retrieved from the County’s financial system (SAP). The tie breaking procedure is only
applied in the final ranking step of the selection process.
6.6.7 In the event a tie still exists, ranking will be determined based on a coin toss selection by
the Procurement Services Division Director or designee before at least three (3)
witnesses.
6.6.8 A Notice of Recommended Award (NORA) indicating the final ranking order of the
proposers will be posted on the County’s bidding platform. The County will begin
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negotiations with the number one ranked firm, or in the event that there are more than
one firm or multiple firms being awarded, the County may negotiate with all firms being
recommended for award. In the event the County is unsuccessful with the number one
ranked firm, the County will continue negotiating with the remaining firms in the order
ranked. Board approval of the final ranking may be required prior to the commencement
of negotiations.
6.7 Professional Services Library
6.7.1 A Request for Professional Services shall be issued by the Procurement Services Division
Director or designee to procure professional engineering, architectural, landscape
architectural, or surveying and mapping services, in accordance with the Consultants'
Competitive Negotiation Act (CCNA), Section 287.055, Fla. Stat. An RPS can be issued
and awarded for either a Continuing Contract or for a single project contract as described
in Section 287.055, Fla. Stat.
6.7.2 The County will maintain a “Professional Services Library” as its repository for
consultants under continuing contracts solicited under the provisions of Section
287.055)(2)(g) (“continuing contract”). The library is used to award work assignments
for professional engineering, architectural, landscape architectural, or surveying and
mapping services on an on-going basis through the use of continuing contracts.
6.7.3 The Professional Services Library must be used if the services needed are included in the
Professional Services Library and the resulting construction or study costs meet the
requirements of Section 287.055, Fla. Stat.
6.7.4 If the services are not included in the Professional Services Library, the Procurement
Services Division will issue a formal solicitation, or pursue services as outlined in Section
287.055, Fla. Stat. as determined by the Procurement Services Division Director or
designee.
6.7.5 The County reserves the right to confirm a consultant’s qualifications in order to remain
in the library for each service category. Consultants unable to meet minimum
qualifications may be removed from the service category.
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6.8 Professional Services Library Rotation
6.8.1 Work assignments within each service category are awarded on a rotational basis by the
Procurement Services Division.
6.8.2 For each service category, the Procurement Services Division will place qualifying firms
in the Professional Services Library in the order they are ranked, with the highest scoring
firm placed in the first position in the rotation.
6.8.3 As each work assignment is identified, the next firm in the rotation will be offered the
opportunity to negotiate that work assignment with the County’s Administrative
Agent/Project Manager.
6.8.4 Should a firm decline a work assignment or be unable to reach a satisfactory fee
negotiation with the County within a reasonable time frame, the County will contact the
next firm on the list until the work assignment is successfully negotiated.
6.8.5 Firms will have the option of rejecting one work assignment within each service category
within a twelve (12) month period without penalty. A second work assignment rejection
within any twelve (12) month period will cause the firm to be skipped in the rotation. A
firm who rejects three (3) work assignments or is unable to satisfactorily negotiate three
work assignments in any twelve (12) month period may be removed from the service
category at the direction of the Procurement Services Division Director or designee.
6.8.6 If a consultant wishes to reject a work assignment for any reason, they must complete a
Work Assignment Rejection Notification Form. The County’s Administrative
Agent/Project Manager must then provide a copy of the completed form to the
Procurement Services Division.
6.8.7 Once a full rotation through all firms in a service category is complete, a method that
attempts to impart an equitable distribution of work among selected firms will be based
on prior dollars awarded, with the consultants having received the least amount of dollars
being considered for the next work assignment.
6.9. Professional Services Library - Direct Selection
6.9.1 For work assignments requiring unique experience or knowledge, including past
experience on another phase of the project, the Departments/Divisions may formally
request permission to forego the rotation and select a specific consultant.
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6.9.2 This request will require the Departments/Divisions to submit a Direct Select Form to the
Procurement Services Division. Consultants that are directly selected for a work
assignment as a result of this process shall be passed on their next scheduled turn in the
rotation.
6.9.3 The Professional Services Library content for each service category is posted on the
Procurement Services Division SharePoint intranet page.
7. ALTERNATIVE PROCUREMENT METHODS
(Refer to Section Twelve of the Procurement Ordinance)
7.1 Emergency Procurements
7.1.1 Departments/Divisions must submit a completed Emergency Purchase Order form to the
Procurement Servies Director. Upon approval by the Procurement Services Division
Director or designee and the Collier County Manager or designee, the emergency
purchase may be made either through the issuance of a Purchase Order or P-Card. All
other requisition requirements still apply.
7.1.2 If utilizing a County pre-approved contract, all contractual terms, conditions, and fee
schedules must be strictly adhered to as outlined in the underlying contract.
7.1.3 Emergency procurements will be reported via an administrative report to the Board by
the Procurement Services Division at the next available Board meeting.
7.2 Declared State of Local Emergency
7.2.1 During a declared state of local emergency, standard procurement procedures and
requirements will be suspended. Departments/Divisions must adhere to the emergency
procurement procedures as outlined by the Procurement Services Division. Approval of
emergency purchases will be conducted in strict alignment with applicable State and
federal laws.
7.2.2 If utilizing a County pre-approved contract, all contractual terms, conditions, and fee
schedules must be strictly adhered to as outlined in the underlying contract.
7.2.3 Departments/Divisions are also responsible for ensuring that contractor selection remains
fair, equitable, and transparent throughout the process.
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7.3. Exemption to the Competitive Process
7.3.1 The Departments/Divisions seeking an exemption shall complete an Exemption from the
Competition Process form, and if applicable, an executive summary, and submit it to the
Procurement Services Division for review.
7.3.2 The exemption will be approved by the Procurement Services Division Director or
designee if it is determined that the exemption is in the best interest of the County.
7.3.3 The Board shall approve the expenditure for an exemption that has a value more than the
formal competition threshold.
7.3.4 Exemptions are valid for a period approved by the Procurement Services Division
Director or designee and/or the Board.
7.3.5 Contracts may be required for exemptions if deemed necessary by the Procurement
Services Division Director or designee.
7.3.6 In all cases, the requesting Departments/Divisions shall strive to obtain best value from
a vendor when obtaining goods and services under an exemption.
7.3.7 Should the Procurement Services Division Director or designee determine that the request
is not eligible for exemption and/or that it would be in the best interest of the County to
conduct a competitive process, the Departments/Divisions will be required to work with
Procurement staff on an appropriate procurement method.
7.3.8 Refer to the Exemptions of Competition Guidelines available on the Procurement
SharePoint intranet page.
7.4. Waiver to the Competitive Process
7.4.1 Single source procurements are defined as commodities or contractual services that are
available only from a single source, or the use of such source is both economically and
operationally in the County’s best interest.
7.4.2 Single source procurements may be eligible for the wavier to the competitive process if
the Procurement Services Division Director or designee determines it to be in the best
interest of the County.
7.4.3 Single source commodities or contractual services must be available only from
contractors who are uniquely qualified.
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7.4.4 The single source purchase should be for the only good or service that will produce the
desired results, or is the most appropriate for the given situation, or is available from only
one source of supply, or the use of such source is both economically and operationally in
the County’s best interest.
7.4.5 The Board shall approve the expenditure of a Waiver of Competition with a value more
than the formal competition threshold. Departments/Divisions are responsible to obtain
said approval.
7.4.6 Waivers are valid for a period approved by the Procurement Services Division Director
or designee and/or the Board.
7.4.7 If the request cannot be granted, the Procurement Services Division Director or designee
will direct the requestor to work with Procurement Staff to utilize an alternative
acquisition method.
7.4.8 Contracts may be required for waiver of competition purchases if deemed necessary by
the Procurement Services Division Director or designee.
7.4.9 Refer to the Waiver of Competition Guidelines available on the Procurement SharePoint
intranet page.
7.5 Cooperative Purchasing and Piggybacking
7.5.1 The Departments/Divisions seeking to utilize a Cooperative Agreement shall complete
and submit a Cooperative Purchasing Request Form along with required supporting
documentation as indicated on the form to the Procurement Services Division.
7.5.2 Cooperative Purchasing - the Procurement Services Division Director or designee shall
have the authority to procure goods or services from the Board-approved nationally or
State recognized cooperative purchasing program.
7.5.3 Piggybacking - the Procurement Services Division Director or designee shall have the
authority to procure goods or services from vendors who have been selected, as a result
of a competitive selection process for a federal, State, or municipal government, or any
other government agency, political subdivision, or government-related association,
provided that the originating entity utilized a competitive process similar to Collier
County's.
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7.5.3.1 The solicitation process must be substantially equivalent to the process used by
the County.
7.5.3.2 The contract must be active (not expired) and be able to be completed within the
term of the underlying contract.
7.5.3.3 The products or services needed must be specifically identified within the scope
of the contract.
7.5.3.4 The vendor must agree to extend the contract terms and pricing to the County.
7.5.3.5 Contracts for the professional services identified in Section 287.055, Fla. Stat.,
may not be piggybacked.
7.6 Standardization
7.6.1 Where standardization is determined to be desirable by the Board, the purchase of
commodities may be negotiated directly with a particular vendor with the advance
approval of such purchase by the Board.
7.6.2 Standardization may be the result of a formal evaluation process facilitated by the
Procurement Services Division or the recognition of the historical use of a product as
determined by the Procurement Services Division.
7.6.3 The Departments/Divisions seeking standardization shall complete and submit a
Standardization Request Form to the Procurement Services Division. Approved
Standardization requests may result in the need for a single source and may require further
Board approval.
7.7. Requests for Information (RFI)
7.7.1 An RFI shall be issued by the Procurement Services Division Director or designee when
it is in Collier County’s best interest to request information from potential vendors prior
to the issuance of a planned solicitation, or prior to approval of a standardization request.
7.7.2 An RFI is used to collect comments and obtain input from the marketplace. Information
submitted by vendors in response to an RFI may be used to develop specifications to be
included in a future solicitation. The RFI may include criteria for purposes of formally
evaluating a standardization request as referenced in this Procurement Manual.
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7.7.3 Pricing is not requested during the RFI process.
7.7.4 An award is not made as a direct result of an RFI.
8. CONTRACT ADMINISTRATION
(Refer to Section Twenty of the Procurement Ordinance)
8.1 Purpose.
8.1.1 The purpose of this section is to provide the steps necessary for the administration of
contracts entered into by the County.
8.1.2 This section is designed to advise employees of County procedures to ensure compliance
with laws, rules, procedures, and regulations.
8.1.3 Proper contract administration protects the rights of the parties and ensures that
obligations of the parties are met.
8.1.4 Collier County contracts shall be administered in accordance with procedures established
in this Procurement Manual, the Collier County Procurement Ordinance, Section Twenty,
Contract Administration, and any applicable State and federal law provisions.
8.1.5 The requirements herein serve as a guide in the administration of County contracts. If the
terms of a Collier County contract differ, conflict, or are inconsistent with this
Procurement Manual, the solicitation, or the Purchase Order, the documents shall be
given precedence in the following order:
8.1.5.1 Procurement Ordinance.
8.1.5.2 Contract.
8.1.5.3 Solicitation.
8.1.5.4 Purchase Order.
8.1.5.5 Procurement Manual.
8.2 Contract Document.
Contracts are generally created under any of the following circumstances:
8.2.1 Construction services and on-site services where the County prefers a contract and deems
it in the best interest and protection of the County.
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8.2.2 For the procurement of commodities or services resulting from formal competition
exceeding $250,000.
8.2.3 If it is in the best interest of the County to memorialize details of the transaction, or if an
expenditure would benefit from specific written terms and conditions.
8.2.4 When required by law, policy, or other established regulations.
8.3 Pursuant to the Procurement Ordinance, Section Twenty, every procurement of services shall be
administered by the requesting Agency/Department/Division through an appointed Contract
Administrative Agent/Project Manager.
8.4 Roles and Responsibilities:
The originating Division Director is accountable for all contracts within his/her designated
authority. The Division Director is responsible for the following, as applicable:
8.4.1 Designating a Contract Administrative Agent/Project Manager for every
contract under the division.
8.4.2 In cases where two or more Divisions are responsible for a contract, the parties
will select a Contract Administrative Agent/Project Manager to serve on behalf
of the Divisions.
8.4.3 Ensuring that the designated Contract Administrative Agent/Project Manager
has a thorough understanding of the terms and conditions of the contract and
effectively manages the contract in accordance with County procedures.
8.4.4 Reviewing work orders, change orders, and amendments to confirm that the
scope is in accordance with the scope of the contract.
8.4.5 Approving work orders, change orders, amendments and price adjustments in
accordance with County procedures.
8.5 Contract Administrative Agent/Project Manager.
Unless otherwise noted, the Contract Administrative Agent/Project Manager is responsible for
the following, as applicable:
8.5.1 Proper contract management and administration process.
8.5.2 Developing the contract/project scope and specifications.
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8.5.3 Completing the necessary steps to request a new solicitation with the
Procurement Services Division.
8.5.4 Participating in the development of the contract and writing draft documents for
approval through the appropriate County procedures.
8.5.5 Consulting with other Divisions that may be affected by the contract.
8.5.6 Recommending an annual expenditure cap for the contract.
8.5.7 Establishing a project kick-off meeting, if applicable, once a contract is
approved.
8.5.8 Managing contractor performance in accordance with the established terms and
conditions.
8.5.9 Managing, approving, and documenting any changes (change orders,
amendment, and work orders) to the contract.
8.5.10 Initiating and participating in requests for termination, renewals, extensions, and
amendments to the contract.
8.5.11 Collaboration with the Procurement Services Division to ensure that insurance
certificates and bonds are on file and current.
8.5.12 Initiating “Corrective Action” when the contractor is not in compliance with
terms of contract.
8.5.13 Communicating contract deficiencies to the Procurement Contract Manager,
Contractor, and the Operating Division Director, and appropriate County
officials in a timely manner and in accordance with County procedures.
8.5.14 Approving project reports and invoices for payment, unless that authority has
been designated to another person.
8.5.15 Completing closeout and vendor performance evaluations.
8.5.16 Collaborating with the vendor and the Clerk’s Finance Office to timely process
payments and/or resolve payment issues.
8.6.4. The Contract Administrative Agent/Project Manager is not authorized to:
8.6.1 Instruct the contractor to start work or provide services before the contract is fully
executed and a Purchase Order has been issued.
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8.6.2 Change the scope of the contract/work order without doing so through a formal
amendment or change order.
8.6.3 Direct the contractor to perform work that is not specifically described and funded by the
contract/work order.
8.6.4 Extend the term of the contract/work order without an approved amendment or change
order, unless otherwise approved in the contract.
8.6.5 Authorize the contractor to incur any additional costs over the contract limit set by the
contract/work order, unless approved in accordance with the County’s approved
procedures.
8.6.6 Order or direct the contractor to supply goods and services not specifically itemized in
the agreement through the required change order or amendment.
8.7 Procurement Contract Manager.
The Procurement Services Division provides contract oversight to ensure that contracts and
related documents presented for approval to the Board and/or County Manager or designee
comply with applicable State and federal laws, and County policies and procedures. The
Procurement Contract Manager is responsible for developing, implementing, distributing and
revising the contract templates, SOPs, guidelines, contract administration training materials, and
other contractual document templates and ancillary forms; oversight of the contract renewal and
extension process; preparation and routing of contract amendments and assumption agreements;
providing guidance on corrective action methods and terminations; assisting with the
interpretation and application of County, State, federal or other contract policies; coordinating
with the County Attorney’s Office, and offering training and technical assistance services to the
Department/Division staff.
9. CONTRACT PLANNING
9.1 The contract management process begins with a Division providing a clear and concise
performance-based scope of work or contract specifications to the Procurement Services
Division.
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9.2 Generally, a scope of work refers to services being provided, while contract specifications refer
to items that are going to be received. In either case, the scope of work or contract specifications
should be the road map for successful contract management and administration.
9.3 Planning for an effective contract administration process occurs prior to issuance of the
solicitation or creating a contract.
9.4 At a minimum, the scope of work or contract specifications should:
9.4.1 Establish the County’s requirements.
9.4.2 Provide a shared understanding of each party’s responsibilities.
9.4.3 Include specific terms to evaluate the performance of the contract.
9.4.4 Form the basis for contract administration and management.
9.4.5 Be clear, complete, concise, and consistent, and written in plain English that is
understandable to lay readers.
9.5 Efficient contract administration ensures that the contract requirements are satisfied, the goods
and services are delivered in a timely manner, and the financial interests of the County are
protected. Effective contract administration minimizes or eliminates problems and potential
claims and disputes.
9.6 All contracts, including terms and conditions, are to be submitted to the Procurement Services
Division for inclusion of County acceptable clauses.
9.7 Direct Material Purchasing Program - direct material purchases are a cost-savings measure to
achieve sales tax savings through the County’s sales tax exemption by purchasing materials
directly from a supplier or vendor. Refer to the Direct Material Purchase Guidelines available on
the Procurement SharePoint intranet page.
9.8 Change Orders.
9.8.1 The Contract Administrative Agent/Project Manager will complete the Change Order
Form and submit it to the Procurement Services Division with an executive summary, if
applicable.
9.8.2 For any contract for construction services entered on or after July 1, 2025, the County
must approve or deny a price quote for a change order requested or issued by the County
within 35 days after receipt of such price quote from the contractor (receipt commencing
the date upon which the County’s Project Manager and Department Head receives the
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price quote) consistent with the prompt processing of change orders set forth in Section
218.755, Fla. Stat.
9.8.2.1 The Change Order must be approved or rejected by the County within thirty-
five (35) calendar days of receipt of a price quote from the Contractor. If the
County fails to provide a timely approval or rejection, the Change Order will
be deemed approved, and the County will be required to pay the price quoted
by the Contractor.
9.8.2.2 The County refers to “Date of Receipt” as the date the County’s Project
Manager/Representative formally acknowledges receipt of the Change
Order, or an email read receipt is generated.
9.8.2.3 It is recommended that all Change Orders are either approved or rejected at
the division level within three business days of receipt.
9.8.2.4 If the Change Order provided by the Contractor meets all County
requirements the approval process is delegated through and authorized by the
Procurement Ordinance.
9.8.2.4.1 For Change Orders requiring the Board of County
Commissioners, the “approval date” is the date the agenda item
is approved.
9.8.2.4.2 For Change Orders delegating approval to the Procurement
Services Divisions, the “approval date” is the date the
Procurement Services Professional executes the Change Order.
9.8.2.5 If the Change Orders provided by the Contractor does not meet all the County
requirements it shall be rejected in writing and the following must be
included:
9.8.2.5.1 Rejections shall specify the deficiencies and reasons for
rejection, and
9.8.2.5.2 Rejections shall identify actions needed to remedy such
deficiencies.
9.8.2.6 The submittal of a corrected Change Order will restart the thirty-five (35)
days.
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9.8.3 During exigent circumstances, where the approval of a Construction Change Order
requires the County to approve or deny a price quote for construction services
received from a contractor within 35 days of receipt, or have the price quote be
deemed approved (as mandated by Section 218.755, Fla. Stat.), and the Change
Order price quote cannot be presented to the Board to meet that time requirement,
the Board authorizes the Department Head or designee and Procurement Director or
designee to approve or deny those Change Order’s that otherwise exceed the Board’s
delegated Change Order threshold for staff approval, subject to subsequently
presenting such items to the Board for ratification through the Procurement
Administrative Report.
9.8.4 Supporting Documentation to Change Orders:
9.8.4.1 An itemized cost proposal(s)/quote(s) is defined as a detailed breakdown of
labor, equipment, materials, rentals, and subcontractor efforts anticipated to
complete the scope of work supported by direct labor/equipment hours and
proposal/quote documentation to substantiate the
material/rental/subcontractor estimated amounts. If materials were estimated
utilizing stock from inventory, materials should be proposed at their assigned
inventory cost and historical order invoices provided as backup to support
the pricing.
9.8.4.2 If a subcontractor is a related entity to the contractor, then the contractor shall
not mark-up the subcontractor’s fees. A related entity shall be defined as any
parent or subsidiary of the company and any business, corporation,
partnership, limited liability company or other entity in which the company
or a parent or a subsidiary of the company holds any ownership interest,
directly or indirectly.
9.8.4.3 The labor rates provided by the contractors are considered all-inclusive of
labor burden and should not include additional terms and conditions, unless
otherwise provided for in the underlying contract.
9.8.4.4 Overtime is applicable only if expressly provided for in the underlying
contract. Any reference to “working hours” in the contract (e.g., 7 a.m. to 7
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p.m.) or to the County Noise Ordinance has no relationship to the County
having any responsibility to pay contractors at overtime rates, but rather
establishes the time during which work can take place. Work beyond the
referenced “working hours” does not establish an entitlement to overtime
pay. In the absence of an express agreement to reimburse the contractor for
overtime based on hourly overtime rates established in the Agreement or as
agreed upon in an approved Change Order, overtime does not apply and is
not compensable.
9.8.4.5 Markup for labor cost is allowed if the contractor confirmed in writing that
the labor rates were raw labor wages and no profit/overhead is included. If
the labor rates were all-inclusive and profit/overhead was factored in, then
markup would not be allowed.
9.8.4.6 Reimbursement will require itemized backup documentation that is
consistent with the itemized cost proposal(s)/quote(s) provided with the
Change Order scope of work involving a cost proposal(s)/quote(s) for work
performed on a time and material basis. Examples of allowable labor (time)
backup documentation involving payments for direct salaries will, at a
minimum, identify the personnel involved, salary rate per hour, and hours
spent working on the Change Order scope of work, which should be
substantiated by timecards or another acceptable form of electronic
employee recordkeeping. All direct labor and equipment should be supported
by daily construction logs that, at a minimum, identify the date, starting and
ending times, all labor positions and hours the work was performed, and the
type, quantity, rate and hours the equipment was utilized on the Change
Order scope of work. Materials or rental equipment billed should include
itemized copies of invoices, Application for Payments or receipts to
document such expenses. Billable charges for which markup should not be
applied include, but are not limited to, ancillary charges, fees, surcharges,
sales tax, shipping costs, permits, and subcontractor markup.
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9.8.5 Refer to the Change Order Guidelines available on the Procurement SharePoint intranet
page.
9.9 Amendments.
The Contract Administrative Agent/Project Manager will complete the Contract Amendment
Request form and submit it to the Procurement Services Division with an executive summary, if
applicable.
9.9.1 The Procurement Services Division prepares the amendment for review and approval by
the County Attorney’s Office.
9.9.2 All contract amendments must be in writing and approved by all appropriate parties.
9.9.2.1 The Procurement Services Division routes contract amendments to the vendor
for signature and, if applicable, to the Clerk of the Circuit Court for recording
and uploading to SAP.
9.10 Price Adjustments - the Departments/Divisions are responsible for submitting a Price Increase
Request form to the Procurement Services Division.
9.11 Contract Renewals and Extensions - the Departments/Divisions are responsible for monitoring
contract terms. To request a renewal or extension, the Contract Renewal or Extension Request
form must be completed and submitted to the Procurement Services Division.
10. CONSTRUCTION AGREEMENTS
10.1 Retainage - in accordance with Section 218.735(8)(a), Fla. Stat., the Board may withhold an
amount not exceeding 5% of the payment as retainage from each progress payment issued to a
contractor, where applicable.
10.1.1 Should the Departments/Divisions recommend a reduction to the percentage of
cumulative retainage, the request shall be subject to the following:
10.1.1.1 Whether the contractor has performed in a satisfactory manner.
10.1.1.2 Outstanding claims or disputes.
10.1.1.3 Contract Balance.
10.1.1.4 Retainage Balance.
10.1.1.5 Date that the Certificate of Substantial Completion with punch list was fully
executed.
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10.1.1.6 Date of Final Completion.
10.1.1.7 Amount of any liquidated damages assessed or intend to waive.
10.1.2 The Departments/Divisions shall obtain approval from the Board to reduce less than 5%
of the retainage. Any decision to reduce retainage shall be formally communicated by
letter to the contractor's representative. The letter shall affirmatively state that the
contractor has satisfactorily performed the contract work.
10.2 Liquidated Damages - Departments/Divisions shall obtain approval from the Board to waive the
assessment of liquidated damages.
10.3 Consent to Assignments of Contracts - the Departments/Divisions must inform the Procurement
Services Division upon notification of a legal change in ownership.
10.3.1 The County's authority for consent to assignment of a contract may be approved by the
Procurement Services Division Director or designee.
10.3.2 The Procurement Services Division is responsible for the development and processing of
the assumption agreement.
10.4 Contract Terminations - the Departments/Divisions desiring to terminate a contract must submit
a Contract Termination Request to the Procurement Services Division. Notices that terminate in
its entirety a Board-approved purchase or contract must be approved by the Board prior to its
termination, unless otherwise provided in the contract.
11. OTHER CONTRACTUAL DOCUMENTS
11.1 Notice to Proceed (NTP) - a formal letter issued by the Contract Administrative Agent/Project
Manager on behalf of the County to the contractor/consultant, authorizing them to begin work on
the project. It marks the official start of the project and often specifies:
• Start Date - the exact date when the contractor/consultant is required to commence
work.
• Contract Time - the number of days or the time within which the work must be
completed, as per the terms of the agreement, Substantial Completion Date
(Construction), or Final Completion Date (Design/Consulting).
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11.1.1 In a project specific construction agreement, the original Substantial Completion Date is
the number of days identified in the agreement and then formalized with a date in the
Notice to Proceed. If situations arise where days should be added to allow the
construction to reach the Substantial Completion Date, then a Change Order (or Change
Orders) should be processed prior to the Substantial Completion Date. Change Orders
processed to extend the Substantial Completion Date will also extend the Final
Completion Date.
11.1.2 The NTP is crucial because it marks the beginning of the contract performance period
and may be tied to deadlines, payment schedules, and liquidated damages pursuant to the
agreement's terms.
11.1.3 NTPs will be submitted by the Departments/Divisions through the Jira ticketing system
to the Procurement Services Division. The Procurement Services Division will validate
and upload the NTP to SAP.
11.1.4 A Limited Notice to Proceed (LNTP) may be issued prior to commencement of work on
construction projects where there may be long lead times for ordering materials. This will
not impact the contract completion days and should not be issued for any billable work.
11.2 Stop and Start Letters - a formal project communication that directs the contractor/consultant to
temporarily halt or resume work. The Contract Administrative Agent/Project Manager issues
these letters to the contractor/consultant. The letters should not be issued for purposes of
circumventing the terms of the contract or initial completion time, such as issuing a stop letter on
Friday at 5:00 p.m. and issuing a start letter on Monday at 8:00 a.m. or holidays.
11.2.1 Stop Letter - a written directive in the form of a letter issued to the contractor/consultant
to cease work, usually due to safety concerns, changes in project scope, contract disputes,
or unforeseen issues like regulatory compliance, weather events, or environmental
concerns.
11.2.1.1 The stop letter includes the effective date and reasons for the stoppage, the
scope of work affected, any required actions before resuming work, and
remaining days for completion upon notice to resume the work. The
Departments/Divisions will electronically submit the letter through the Jira
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ticketing system to the Procurement Services Division. The Procurement
Services Division will validate and upload the letter to SAP.
11.2.2 Start Letter (resume work) - a follow-up written directive in the form of a letter
authorizing the contractor/consultant to recommence services after resolving the stoppage
issues.
11.2.2.1 The start letter provides a new timeline for project completion, deadline
adjustments, or contract modifications, if necessary.
11.2.2.2 The Departments/Divisions will submit the start letter through the Jira system
to the Procurement Services Division. The Procurement Services Division
will validate and upload the letter to SAP.
11.3 Work Orders.
11.3.1 The Contract Administrative Agent/Project Manager must comply with the terms of an
approved continuing contract or agreement, which authorizes a contractor/consultant to
perform a specific task within the broader scope of the master agreement. Nothing in the
work order shall conflict with the terms and conditions of the continuing contract or
agreement, and all work performed must fall within the scope and term of the underlying
master agreement.
11.3.2 Work Assignments through the Professional Services Library are administered by the
Procurement Services Division under the protocol of the Procurement Manual, Section
Six. The Contract Administrative Agent/Project Manager will comply with the rotation
process established in the contract and in the Procurement Manual, Section Six.
11.3.3 Work Orders requiring Board approval are reviewed by Procurement in the County’s
Agenda System. If applicable, a Notice to Proceed will also be issued. All others are
reviewed and approved by the Procurement Services Division through SAP.
11.4 Work Directive.
11.4.1 A Written Directive, also referred to as a Work Directive, shall mean a written directive
issued by the Contract Administrative Agent/Project Manager to a contractor, when
allowed for under the terms of the contract, in an instance where the parties cannot agree
on price and/or costs associated with work arising from differing, unforeseen or
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emergency site conditions and the work in question is part of the “critical path” of the
contract schedule. The contractor or subcontractor cannot perform the work before a work
directive is issued.
11.4.2 Promptly after being notified of a change, the contractor shall submit a not-to-exceed
estimate of any cost or time increases or savings it foresees as a result of the change. A
work directive should ultimately be followed up with an agreed upon Change Order that
includes with an itemized cost proposal(s)/quote(s) with supporting documentation.
11.4.3 The work directive must be executed by all the parties prior to the effective date.
11.4.4 A verbal Work Directive may only be issued in extraordinary emergencies when
necessary to protect and promote the public interest, which shall be followed up with a
written Work Directive within five (5) calendar days.
11.4.5 The Contract Administrative Agent/Project Manager shall timely process a Change Order
resulting from the issuance of a Work Directive . Regardless of the impact, the Contract
Administrative Agent/Project Manager shall negotiate a Change Order with the
contractor as follow-up to the work directive change.
11.5. Performance and Payment Bonds.
(Refer to Section Twenty-One of the Procurement Ordinance)
11.5.1 The Procurement Services Division Director or designee shall determine if payment and
performance bonds are required. All contracts for construction or repairs of public
buildings and public works projects shall require payment and performance bonds in
accordance with 255.05, Fla. Stat.
11.5.2 Payment and performance bonds shall be at least 100 percent of the contract amount,
including any Owner’s allowance.
11.5.3 All required bonds shall be from a surety company authorized to do business in the State
of Florida to guarantee the full and faithful performance of the contractual obligations
and the payment of labor and material expended pursuant to the contract whenever and
in such amounts as is deemed necessary by the Procurement Services Division. The surety
shall meet the requirements of the Department of the Treasury Fiscal Service,
“Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds
and as Acceptable Reinsurance Companies.” An irrevocable letter of credit from a
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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.
11.5.4 The vendor is required to record the payment and performance bonds and riders with the
Collier County Clerk of Court and pay all associated costs.
11.5.5 All such bonds or letters of credit shall be approved as to form by the County Attorney
and held by the Clerk's Board Minutes and Records Department.
11.5.6 For contracts that are not presented to the Board, Departments/Divisions are required to
obtain the bond and include the recorded bond as part of the Purchase Order requisition.
11.6 Insurance.
11.6.1 Evidence of insurance is required of contractors to protect County assets, County
employees, and the public from losses for property damage, bodily injury, loss of use,
business interruption, and financial loss.
11.6.2 The amount of insurance coverage required for each contract will be specified by the
County’s Risk Management Division. Insurance certificates will be required and
reviewed by Risk prior to the approval of any contract. During the life of the contract, the
contractor is required to maintain all the specified insurance requirements. For further
reference, refer to the Insurance Requirements Guidelines available on the Procurement
SharePoint intranet page.
12. PAYMENT OF INVOICES
12.1 Prior to the execution of a formal contract subject to the Procurement Ordinance and this
Procurement Manual, the Procurement Services Division Director, or designee shall establish a
formal payment schedule and payment terms within the agreement. Such terms and conditions
shall be consistent with the requirements of all applicable laws and the formal solicitation
documents.
12.2 After the contract award, the County shall pay contractors for the services rendered in accordance
with the terms and conditions set forth in the Contract, in an amount not to exceed that authorized
by each Purchase Order, contingent upon an appropriation by the Board. The County shall
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promptly notify the contractor if the necessary appropriation is not made. No contractor shall
begin compensable work without an issued Purchase Order for the project.
12.3 County staff shall comply with the Local Government Prompt Payment Act (Section 218.70, Fla.
Stat.) and Sections 218.73 and 218.735, Fla. Stat. for the timely payment for purchases of services.
12.4 Proper Invoice Requirements - if an invoice conforms with all statutory requirements and does
not differ materially from the requirements established by Collier County, then the invoice is
considered proper. The Clerk of the Circuit Court’s Finance Office has sole discretion to make a
reasonable determination as to whether an invoice is improper because it differs materially from
the requirements established by Collier County. As such, the following represents the
requirements for an invoice to be considered a proper invoice for payment:
12.4.1 The goods or services received must have been properly authorized by the County. If a
Purchase Order or contract was required, the goods or services must have been received
in the way the Purchase Order or contract specified. If proof of receipt is required,
documentation showing the goods or services were received or provided shall be attached
to the invoice.
12.4.2 The invoice shall contain the following minimum information:
12.4.2.1 The name of the contractor.
12.4.2.2 The address of the contractor.
12.4.2.3 The date of the invoice.
12.4.2.4 The Collier County Purchase Order, if applicable.
12.4.2.4.1 The contract number, if applicable.
12.4.2.4.2 The “Customer” or “Bill To” information should include the Board
of County Commissioners agency name and address.
12.4.2.5 For contractual payments, the date the contract was signed by the Board of
County Commissioners or Board designated County staff person.
12.4.2.6 For invoices involving the purchase of goods:
12.4.2.6.1 A description of the item.
12.4.2.6.2 The quantity purchased.
12.4.2.6.3 The unit price.
12.4.2.6.4 The total price (for each item).
12.4.2.6.5 The total amount of the invoice (all items).
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12.4.2.7 For invoices involving the purchase of services:
12.4.2.7.1 Itemized description of services performed, including persons who
performed services and hourly rate, if required.
12.4.2.7.2 The date the services were performed.
12.4.2.7.3 An itemization of other direct reimbursable costs (description,
amount, etc.), including copies of invoices for reimbursable
expenses when deemed appropriate by the Clerk of the Circuit
Court’s Finance Office.
12.4.2.7.4 Billing method for services performed (approved hourly rates,
percentage of completion, direct (actual) costs, etc.).
12.4.2.8 For Partial Payment Requests on Construction Contracts:
12.4.2.8.1 Partial Payment Requests (invoice) on the County approved
Application for Payment form or American Institute of Architects
(AIA) Application and Certificate for Payment form, with all
appropriate certification documents required by the contract for
payment.
12.4.2.8.2 The itemized schedule of values.
12.4.2.8.3 Copies of supporting invoices for all stored materials for which
payment is being sought.
12.4.2.8.4 Copies of bond invoice and proof of payment for which bond
payment is being sought.
12.4.2.8.5 Release of liens (partial), if applicable.
12.4.2.9 For Final Payment Requests on Construction Contracts:
12.4.2.9.1 All the documentation required in section 12.4.2.8 above.
12.4.2.9.2 Release of liens, final.
12.4.2.9.3 Consent of Surety.
12.4.2.9.4 Certificate of Occupancy and other required permit close out
documents, if applicable.
12.4.2.9.5 Operating manuals, maintenance manuals, and all warranty related
documentation.
12.4.2.9.6 As-built construction plans should be provided to the County.
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12.4.2.10 Any other information required by written agreement or contract with the
Board of County Commissioners.
12.4.3 Invoices submitted in connection with the issuance of a Purchase Order and
contract/agreement shall be submitted in Adobe PDF format to
BCCAPCLERK@collierclerk.com.
12.4.4 An itemized invoice is defined as a detailed breakdown of goods or services provided to
the County, listing descriptions, quantities, unit prices, and costs for each item or service.
Unlike a standard invoice with a lump-sum amount, an itemized invoice offers the County
a transparent view of individual charges associated with their purchase.
12.4.5 If a subcontractor is a related entity to the contractor, then the contractor shall not mark-
up the subcontractor’s fees. A related entity shall be defined as any parent or subsidiary
of the company and any business, corporation, partnership, limited liability company or
other entity in which the company or a parent or a subsidiary of the company holds any
ownership interest, directly or indirectly.
12.4.6 Allowance - any allowance dollar amount that has been included in the Contractor’s Bid
Schedule amount is not a guaranteed reimbursement but rather is only eligible for
reimbursement by the County if expressly authorized by the County and formally agreed
upon and memorialized by the parties via Change Order, which includes an itemized
quote providing in detail the agreed upon time and material costs for the Change Order
work. Reimbursement for any use of the allowance will require itemized backup
documentation that is consistent with the quote provided with the Change Order and must
establish and validate the expenditure of time and materials invoiced at a level supported
by an audit. Examples of allowable labor (time) backup documentation involving
payments for direct salaries will, at a minimum, identify the personnel involved, salary
rate per hour, and hours spent working on the Project, which should be substantiated by
timecards or another acceptable form of electronic employee recordkeeping. Materials or
equipment billed should include itemized copies of invoices or receipts to document such
expenses.
12.4.7 The labor rates provided by the Contractors are considered all-inclusive of labor burden
and should not include additional terms and conditions, unless otherwise provided for in
the underlying contract.
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12.4.8 Overtime is applicable only if expressly provided for in the underlying contract. Any
reference to “working hours” in the contract (e.g., 7 a.m. to 7 p.m.) or to the County Noise
Ordinance has no relationship to the County having any responsibility to pay Contractors
at overtime rates, but rather establishes the time during which work can take place. Work
beyond the referenced “working hours” does not establish an entitlement to overtime pay.
In the absence of an express agreement to reimburse the Contractor for overtime based
on hourly overtime rates established in the Agreement or as agreed upon in an approved
Change Order, overtime does not apply and is not compensable.
12.4.9 Markup for labor cost is allowed if the contractor confirmed in writing that the labor rates
were raw labor wages and no profit/overhead is included. If the labor rates were all-
inclusive and profit/overhead was factored in, then markup would not be allowed.
13. MONITORING CONTRACT PERFORMANCE AND DELIVERABLES
13.1 Monitoring of contract performance is a key function of efficient contract administration. It is
essential to ensure that the contractor is performing all duties in accordance with the contract and
the appropriate County staff members are aware of any developing problems or issues.
13.2 During the life of the contract, the Contract Administrative Agent/Project Manager should
communicate regularly with the contractor, monitoring whether the goods and services required
of the contract are being provided in accordance with the contract and working to resolve any
issues promptly. Whenever possible, the parties should seek to resolve disputes informally by
direct discussion.
13.3 It is essential for the Contract Administrative Agent/Project Manager to apply the Twelve Key
Metrics that have been developed to assist in this effort and become part of any County and
contractor contract relationship.
13.3.1 Twelve Key Metrics:
13.3.1.1 Customer Service - provide excellent customer service to both the County staff
and the public.
13.3.1.2 Contract Deliverables - supply the goods and services outlined in the
agreement.
13.3.1.3 Delivery Schedule - maintain the agreed schedule and avoids delays.
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13.3.1.4 Quality – provide the highest level of quality of goods and services.
13.3.1.5 Billing and Invoicing – submit detailed and accurate invoices matching the
work performed.
13.3.1.6 Project Management – consistently demonstrate the ability to stay on top of
processes.
13.3.1.7 Subcontractor Management – maintain a professional relationship with
subcontractors.
13.3.1.8 Equipment and Resources – provide the best available equipment to perform
the work.
13.3.1.9 Materials Management – demonstrate “best practice” in handling and storage.
13.3.1.10 Cost Control – hold and manage costs to avoid exceeding budget projections.
13.3.1.11 Maintaining Technical Requirements – monitor quality control of the products
and processes.
13.3.1.12 Safety Standards – ensure staff is trained and properly equipped to perform the
work safely.
13.4 Contractor performance may be reviewed at the time of delivery of products or services, at the
completion of a project, or at the end of a contract. The information recorded may be subsequently
referenced and considered in the recommended award of future contracts.
13.5 The Contract Administrative Agent/Project Manager should complete a Corrective Action Report
when an issue occurs and attempt to resolve the matter with the contractor.
13.6 The evaluations and copies of corrective action reports are to be submitted to the Procurement
Services Division.
14. CONTRACT CLOSEOUT
14.1 A contract is closed when all work described in the project scope is completed, when all contract
dollars have been expended, or when the contract is terminated.
14.2 The Contract Administrative Agent/Project Manager is responsible for closeout activities,
including but not limited to:
14.2.1 Validating all deliverables and services have been delivered and accepted.
14.2.2 Verifying all project reports have been received and accepted.
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14.2.3 Confirming any claims and performance issues have been resolved and liquidated
damages have been properly assessed for non-performance/non-compliance.
14.2.4 Validating Substantial and Final Completion, Final Payment Checklist, and Warranty
forms have been processed, if applicable.
14.2.5 Acceptance of a Contractor Transition Plan, outlining in detail the transfer of property to
the County, transfer project knowledge and conduct training with the appropriate County
representatives, etc., if applicable.
14.2.6 Disposal of any County surplus property, in accordance with the County’s policies and
procedures.
14.2.7 Completing a contractor performance evaluation through the County’s vendor evaluation
system.
14.2.8 Conducting a debriefing with the contractor.
15. UNAUTHORIZED PURCHASES
(Refer to Section Twenty-Two of the Procurement Ordinance)
15.1 All purchases made shall be consistent and in compliance with the Procurement Ordinance.
Violations shall be handled in the manner provided by statutes or applicable Collier County
Procurement Manuals. Any purchase or contract made contrary to the provisions thereof and
contrary to Florida law shall not be approved and the County shall not be bound thereby, unless
the following:
15.1.1 Should work be authorized or purchases made not in conformance with the Procurement
Ordinance, Procurement Manuals, or contracts, the Departments/Divisions will complete
an After-the-Fact Procurement Form.
15.1.2 The Board shall approve the After-the-Fact Procurement form if the transaction has a
value exceeding the formal competition threshold. The Department/Division is
responsible for creating the agenda item and Executive Summary and providing all
required documentation to the Procurement Services Division. Staff shall seek After-the-
Fact approvals at the first available Board meeting so as not to unduly burden contractor
awaiting payment for goods or services provided.
15.1.3 The Procurement Services Division Director or designee shall approve the After-the-Fact
Procurement form if the transaction has a value less than the formal competition threshold
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and will report it to the Board on the Procurement Administrative Report. The
Department/Division is responsible for providing the Procurement Services Division the
form and all required documentation.
16. PROHIBITION AGAINST SUBDIVISION
(Refer to Section Twenty-Three of the Procurement Ordinance)
16.1 No contract or purchase shall be subdivided to avoid the requirements of the Procurement
Ordinance or State law.
17. SURPLUS
17.1 In all such instances, the Procurement Services Division Director or designee shall ensure that
the purchase has been approved subject to all other provisions of the Procurement Ordinance.
17.2 All fixed assets purchased using a P-Card shall be properly reported to the Fixed Assets Section
of the Clerk of Courts Finance Division so that it can be properly recorded.
17.3 Refer to the Procurement Services Division Surplus Guidelines available on the Procurement
SharePoint intranet page.
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REVISION HISTORY
DATE Description
This version supersedes and repeals in its
entirety Procurement Manual Rev. #3.0
(effective date 8/15/2023).
Purchasing Card Manual 2025 Version 1
Collier County Purchasing
Card Manual
Procurement Services Division
Purchasing Card Manual 2025 Version 1
1
INDEX # PAGE #
0. APPROVAL 2
1. TITLE AND CITATION 3
2. PURPOSE 3
3. APPLICATION AND SCOPE 3
4. OVERVIEW 3
5. DEFINITIONS 4
6. CONTACT INFORMATION 5
7. CARD HOLDER RESPONSIBILITIES 6
8. DIVISION DIRECTORS’ RESPONSIBILITIES 8
9. SUPERVISOR/MANAGER RESPONSIBILITIES 8
10. FISCAL PROCESSOR RESPONSIBILITIES 9
11. CARD ISSUANCE AND REQUIRED TRAINING 9
12. TRANSACTION SPENDING DOLLAR LIMITS 11
13. SPENDING LIMIT INCREASE 12
14. PURCHASES ALLOWED WITH THE P-CARD 13
15. PURCHASES NOT ALLOWED WITH THE P-CARD 13
16. USING THE P-CARD 14
17. RETURNS 16
18. RECEIVING/SHIPPING INSTRUCTIONS 16
19. ITEMIZED RECEIPTS 17
20. LOST OR INCOMPLETE RECEIPTS 17
21. P-CARD BILLING CYCLE AND PROCESSING 18
22. LOST OR STOLEN P-CARDS 20
23. LEGAL NAME CHANGES 20
24. DISPUTES 20
25. UNAUTHORIZED USE OF P-CARD 21
26. VIOLATIONS 21
27. REJECTIONS 22
28. P-CARD EXPIRATIONS 22
29. TERMINATION OF EMPLOYMENT OR DEACTIVATION OF P-CARD 22
30. RESERVED RIGHTS 23
Purchasing Card Manual 2025 Version 1
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APPROVAL
Approval of this Manual by the County Manager is pursuant to the Collier County Procurement
Ordinance.
Approved: _______________________________________
Amy Patterson, County Manager
Effective Date: ________________________________________
All authority to execute documents that is vested to the County Manager or designee is hereby
delegated to the Procurement Services Division Director or designee and shall be subject to the limits
of any applicable federal, state, or other law.
Modifications to this Manual shall be effective when the revised document is approved in writing by
the County Manager and a new effective date is assigned. Standard Operating Procedures (SOPs),
forms, and ancillary documents will become effective upon approval by the Procurement Services
Division Director or designee and shall be reviewed annually for necessary updates. All forms
mentioned herein are available on the Procurement Services Division SharePoint intranet page and are
to be submitted through the established Procurement Jira Ticketing System.
The Procurement Services Division Director or designee shall have the authority to interpret the
Procurement Ordinance and Procurement Manuals and may issue directives for that purpose, including
but not limited to, resolving disputes, clarifying ambiguous provisions, and ensuring compliance with
applicable laws. For the purposes of this manual, ‘designee’ shall refer to any individual authorized
by the Procurement Services Division Director to perform specified tasks.
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1. TITLE AND CITATION
1.1 This Manual shall be known and may be cited as the "Collier County Purchasing Card
Manual" or "P-Card Manual."
2. PURPOSE
2.1 The purpose of this manual is to establish procedures for procuring goods and/or services
using purchasing cards through the Purchasing Card Program. Purchasing cards shall be
for the exclusive purpose of making purchases for official Collier County business.
3. APPLICATION AND SCOPE
3.1 This manual applies to the procurement of all goods and services irrespective of the
source of the funds through the use of a P-Card Program.
3.2 Nothing within this manual will prevent the County from complying with the terms and
conditions of any grant, gift, or bequest that is otherwise consistent with law.
3.3 This manual applies to those individuals who have been issued a Purchasing Card (“P-
Card”) and those responsible for approving and overseeing the purchasing transactions.
3.4 Individuals assigned a P-Card must act in accordance with this Purchasing Card Manual,
as well as the Florida Statutes, Procurement Ordinance, Procurement Manual, CMA
#5808 Purchasing Card Program Policy and Procedures, and any established
Division/Department Standard Operating Procedures when undertaking procurement
activities to adequately safeguard company assets. Compliance with procedures set forth
in this document are a requirement for using a P-Card.
4. OVERVIEW
4.1 The P-Card is a credit card used for legitimate public purchases and billed directly to
Collier County for payment.
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4.2 The P-Card is assigned to specific employees or individuals authorized by the
Procurement Services Division Director or designee for purposes of making purchases
for official Collier County business.
4.3 The P-Card may also be used strategically to make larger dollar purchases under the
direction of the Procurement Services Division Director or designee, and where it is in
the best interest of the County.
4.4 The Procurement Services Division Director or designee shall be responsible for the
overall management and operation of the County's P-Card program.
4.5 Compliance with procedures and mandatory training is a requirement for having and
using a P-Card. The participation in and use of the P-Card Program shall not circumvent
procurement guidelines or procedures.
4.6 Failure to comply with this Collier County Purchasing Card Manual shall be deemed a
violation and may be subject to administrative disciplinary action, following Collier
County Government Human Resources procedures and guidelines, up to and including
dismissal from Collier County Government employment.
5. DEFINITIONS
Bank: The financial institution selected by the County to provide banking services.
Cardholder: A Collier County employee or individual who is approved to use the purchasing card
to execute purchase transactions on behalf of the County.
Fiscal Processor: The fiscal person who processes the Cardholder's transactions in Xponential.
The fiscal person cannot be the cardholder.
Free on Board (F.O.B.) Destination: The point at which a title changes hands from the supplier
to the buyer at the destination of the shipment when the buyer signs for the goods. The supplier
owns the goods in transit, assumes responsibility for carrier selection, and files any claims for
damages incurred during this period. F.O.B. destination does not address the responsibility for
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the cost of transportation (freight charges), which must be specified with the inclusion of
additional language in writing at the time of the transaction.
G/L Code: Category designated in the County’s Financial System (“SAP”) in which funding is
being utilized.
Manager or Supervisor (Approving Manager): A person responsible within the Division assigned
to the oversight of the Cardholder transactions and compliance with P-Card policies.
P-Card Program Manager: The Procurement Services Division Director’s designee responsible
for the general oversight of the program, P-Card usage, and transaction monitoring, and who
serves as a single point of contact between Collier County and the Bank for general oversight of
the P-Card Program.
Purchasing Card (P-Card): A credit card used to purchase contract and non-contract goods and/or
services necessary for official County business. A purchasing card is issued to an individual for
purchases by that individual only.
Transaction: A purchase made on the P-Card with one supplier at a time.
Xponential: Software to view and manage card transactions within SAP.
6. CONTACT INFORMATION
6.1 The Procurement Services Division Program Manager (“P-Card Program Manager”) is
available to assist with all aspects of P-Card use and any questions at: (239) 252-8407 or
Procurement Jira Portal.
6.2 The billing address and phone number for all P-Cards is 3295 Tamiami Trail E., Naples,
FL 34112, (239) 252-8407.
6.3 Never respond to outside sources regarding Collier County P-Card information, such as
text messages, emails, or phone calls.
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6.4 This manual is not intended to cover every possible situation. For any questions, contact
the P-Card Program Manager.
7. CARDHOLDERS RESPONSIBILITIES
7.1 P-Cards are issued under the Cardholders’ legal name and are the property of Collier
County.
7.2 Cardholders’ responsibilities include, but are not limited to:
7.2.1 Ensuring purchases are best value, serve a valid public purpose, and are in
compliance with the Procurement Ordinance and this manual.
7.2.2 Selecting only one payment method in advance of the purchase, either P-Card or
Purchase Order. Only one payment method is accepted.
7.2.3 Ensuring the purchase meets the same standards as are required for a Purchase
Order, following CMA 5808, the Procurement Ordinance, and any established
Division/Department Standard Operating Procedures.
7.2.4 Complying with allowable and prohibited purchases.
7.2.5 Purchasing items that are immediately available.
7.2.6 Ensuring P-Card numbers are not on file with any merchant.
7.2.7 Ensuring P-Card numbers do not appear on shipping documents, emails, or
attachments in the Xponential system. The P-Card account number must be
redacted from any documentation.
7.2.8 Obtaining the total cost of the order from the merchant before the order is placed.
7.2.9 Confirming with the merchant that an itemized receipt must be provided.
7.2.10 Acquiring a credit from the merchant, when necessary.
7.2.11 Ensuring transactions are within established transaction and monthly cycle
limits.
7.2.12 Contacting the Bank to file a merchant dispute if a merchant incorrectly charges
your card and will not correct the transaction. (Refer to Section 24, Disputes).
7.2.13 At the time of a purchase, informing the merchant that Collier County purchases
are exempt from Florida state sales tax for items bought in or shipped to the State.
The tax-exempt number is printed on the card.
7.2.14 Providing required documentation, including the justification and itemized
receipt, to the designated Fiscal Processor for final review and reconciliation.
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7.3 Cardholders shall not:
7.3.1 Use the P-Card for personal purchases.
7.3.2 Attempt to obtain cash advances.
7.3.3 Share use of the P-Card or disclose the P-Card number with anyone other than
the merchant with whom they are doing business.
7.3.4 Authorize multiple transactions (split orders) to circumvent established limits.
7.3.5 Provide the P-Card number over the phone unless the Cardholder initiated the
phone call.
7.3.6 Make a photocopy of the P-Card, fax, scan, mail, or email the full account
number.
7.3.7 Use the P-Card for advanced orders, prepaid goods or services, or deposits,
except those allowable per subsection 16.4 Advance Payments.
7.3.8 Use the P-Card to purchase items for advanced orders or backorders. If an order,
previously thought to be available, cannot be delivered/shipped within five (5)
business days, the order (or part thereof) must be canceled and resubmitted when
the product is available for immediate delivery.
7.3.9 Accept or sign on behalf of the County any quote, proposal, contract, or
agreement. Any document with terms and conditions must be provided to the
Procurement Services Division for review.
7.4 Secure P-Card.
7.4.1 Use of the P-Card is limited to the Cardholder whose name appears on the front
of the P-Card.
7.4.2 The P-Card shall not be loaned to another person, including the
approver/reviewer.
7.4.3 The P-Card must be kept in a secure location at all times.
7.4.4 The account number shall not be posted or left in a conspicuous place.
7.4.5 The complete account number must never be faxed, mailed, or emailed
(including attachments). The order may be emailed, but the account number must
be phoned in to the merchant.
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8. DIVISION DIRECTORS’ RESPONSIBILITIES
8.1 The Director has oversight and fiduciary responsibility for purchases made with the
purchasing cards assigned within their areas as well as ensuring accountability and
integrity in the spending of the public’s funds. The Director is responsible for authorizing
who uses the purchasing cards in their Division, establishing corrective steps for
noncompliance, providing fiscal oversight and management of the processing of
transactions in SAP, following the Purchasing Card Manual, and ensuring the P-Card is
used consistently with the County’s mission, applicable laws, and ethical practices.
8.2 Directors have the responsibility of notifying the P-Card Program Manager within one
(1) business day if an employee is no longer employed by Collier County Government,
is transferred to another Collier County Division, or no longer needs the use of the P-
Card.
8.3 For employees who are terminated or no longer require a P-Card, the card must be
collected, cut in half, and forwarded to the Procurement Services Division. Upon
notification, the account will be closed, and the P-Card will be destroyed upon receipt.
This procedure also applies to employees who are suspended or on leave.
If the P-Card cannot be retrieved from the terminated employee, the Division shall
promptly notify the P-Card Program Manager. The card will be treated as "lost or stolen,"
and the account will be closed.
8.4 If the employee is transferred or promoted to another Collier County Division, upon
notification of the transfer, the P-Card will be canceled. A new P-Card Request Form
signed by the new Director will be required for the employee to be issued a P-Card for
their new Division.
9. SUPERVISOR/MANAGER RESPONSIBILITIES
9.1 Ensure all purchases made by the Cardholder are approved business-related expenditures
for a public purpose.
9.2 Ensure all purchases are made in conjunction with all Procurement and P-Card policies.
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9.3 Reviewing the appropriateness of the expenditure, adherence to pricing, verifying it
serves a public purpose, verifying sales tax was not charged, and ensuring proper
supporting documentation is provided.
10. FISCAL PROCESSOR RESPONSIBILITIES
10.1 The Fiscal Processor will review each transaction to ensure:
10.1.1 Accuracy.
10.1.2 Appropriate documentation exists (see subsection 21.3 Supporting
Documentation).
10.1.3 Compliance with CMA 5808 Purchasing Card Program Policy and Procedures, the
Procurement Ordinance, Procurement Manual, and this Purchasing Card Manual.
10.1.4 The appropriate account string (Fund, Cost Center, G/L, and WBS, if applicable).
10.1.5 The appropriate valid business purpose.
10.1.6 Documentation submitted by the Cardholder supports the transaction.
10.1.7 Segregation of duties will include that no Cardholder processes their own
transaction and there should be multiple (two at minimum) Fiscal Processors
available for each Cardholder.
10.2 The Fiscal Processor will:
10.2.1 Approve transactions through Xponential within five (5) business days of the
purchase.
10.2.2 Attach the itemized invoices provided by the Cardholder through Xponential and
enter the proper account string (Fund, Cost Center, G/L, and WBS, if applicable)
for the purchase.
10.2.3 Attach or enter any additional required information through Xponential such as
insurances, contract numbers, approved travel requests, or valid public purpose.
10.2.4 Ensure there is a delegate assigned during leave.
11. CARD ISSUANCE AND REQUIRED TRAINING
11.1 Permanent full-time or part-time Collier County employees approved by their Division
Director and the Procurement Services Division Director or designee and specific
individuals approved by the County Manager or designee are eligible to obtain a P-Card.
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11.2 A Purchasing Card Request form is to be completed and returned to Procurement for
approval for all new cardholders and employees transferring between Collier County
Divisions.
11.3 Training.
11.3.1 P-Card training covering Collier County policies, procedures, and Cardholder
regulations is required for all new P-Card applicants.
11.3.2 Training is also required on the Xponential software system for Fiscal Processors
who process Cardholders' transactions.
11.3.3 All employees or individuals participating in the P-Card Program must complete
an initial and annual refresher training.
11.3.4 Failure to complete training may result in the suspension of P-Card privileges
until compliance is achieved.
11.3.5 The Procurement Services Division will maintain records of training and enforce
compliance.
11.4 Acknowledgment.
11.4.1 A Cardholder Acknowledgement Form is required from each Cardholder prior to
the distribution of a new or reissued card.
11.4.2 The P-Card is issued to an employee or individual in their legal name and is to be
used exclusively by the named person. No other person is authorized to use the
card.
11.4.3 The Cardholder is responsible for all charges on their P-Card.
11.4.4 The Cardholder is not allowed to relinquish control of their P-Card.
11.4.5 The P-Card is Collier County property and the right to use the P-Card may be
cancelled at any time.
11.4.6 Cardholders agree to comply with CMA 5808 Purchasing Card Program Policy
and Procedures.
11.4.7 Cardholders acknowledge that repeated misuse of the P-Card will result in
revocation of the card.
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11.5. Activation.
11.5.1 Upon application approval and processing, the new P-Card will be mailed directly
to the P-Card Program Manager or designee in approximately seven (7) to ten
(10) business days.
11.5.2 The activated P-Card will be provided to the Cardholder during the initial training
session. If the Cardholder fails to attend training within sixty (60) days of the
initial scheduled training session, the P-Card will be deactivated and cancelled.
11.5.3 Any P-Cards that are not used for a period of six (6) months or more may be
subject to deactivation.
12. TRANSACTION SPENDING DOLLAR LIMITS
12.1 A single transaction is defined as one or more items purchased from the same merchant
at the same time on the same day.
12.2 The P-Card default limits are set by the Procurement Services Division Director or
designee, per monthly billing cycle (6th to 5th), and per single/monthly transaction
purchase.
12.3 The P-Card has a thirty (30) or thirty-one (31) day cycle that does not coincide with an
actual month. The cycle runs from the 6th through the 5th of the following month. The
next business day after the 5th is when the monthly card limit renews.
12.4 Spending Limits. The P-Card spending limits are as follows:
Division Employees:
• Single Transaction Limit: Not to exceed $5,000.00 per P-Card.
• Monthly Transaction Limit: Not to exceed $15,000.00 per P-Card.
Division Designated Supervisor/Manager:
• Single Transaction Limit: Not to exceed $10,000.00 per P-Card.
• Monthly Transaction Limit: Not to exceed $20,000.00 per P-Card.
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Division Directors and Department Heads:
• Single Transaction Limit: Not to exceed $15,000.00 per P-Card.
• Monthly Transaction Limit: Not to exceed $30,000.00 per P-Card.
12.5 Cardholders are prohibited from splitting transactions to cover a single purchase or
circumvent the established single transaction limit assigned to the P-Card. Purchases may
not be divided into multiple orders or receipts to remain within the transaction limit.
12.6 The Procurement Services Division reserves the right to block or prohibit the use of goods
and services. The Merchant Category Code Group (MCCG) is used to classify a business
by the type of goods and/or services provided. A request to unblock an MCCG must be
approved by the Cardholder’s Division Director and made to the P-Card Program
Manager.
13. SPENDING LIMIT INCREASE
13.1 The Purchasing Card Request form must be submitted to Procurement at least five (5)
business days before the anticipated need for the increased limit.
13.2 Requests may be made either for a permanent or temporary basis.
13.3 Temporary spending limit increases are defined as those lasting no more than sixty (60)
days, after which the cardholder’s limit will revert to the original amount.
13.4 Temporary increase requests will be approved as follows:
Limit Increase Levels Required Approval
Single Transactions Exceeding $10,000
Monthly Transactions Exceeding
$20,000
Director and Procurement Director or
designee
Single Transactions Exceeding $15,000
Monthly Transactions Exceeding
$30,000
Director, Department Head/Executive
Director and Procurement Director or
designee
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13.5 Permanent transaction spending dollar limit increase requests above the amounts
established in subsection 12.4 Spending Limit Increase shall require approval by the
Procurement Director or Designee and County Manager.
14. PURCHASES ALLOWED WITH THE P-CARD
14.1 Purchasing cards may be used to purchase goods and/or services for use in conducting
official County business, provided purchases are not prohibited by this policy or any other
approved County policy or procedure.
14.2 The total purchase made with a P-Card must not exceed the limits associated with each
P-Card.
14.3 All transactions shall serve a valid public purpose and be in compliance with the
Procurement Ordinance and this manual.
15. PURCHASES NOT ALLOWED WITH THE P-CARD
15.1 The following types of purchases may not be made using a P-Card and may result in a
suspension or revocation of the P-Card.
15.2 Prohibited Purchasing List. The following list contains prohibited purchasing items and
is not all-inclusive:
15.2.1 ATM cash withdrawals.
15.2.2 Personal purchases.
15.2.3 Tips (other than for taxi cabs, shuttles, or limos).
15.2.4 Tips exceeding 15% for taxi cabs, shuttles, or limos.
15.2.5 Food for travel (Refer to CMA #5310 Business Travel).
15.2.6 Alcohol/Liquor in any form.
15.2.7 Guns, Weapons, and Ammunition.
15.2.8 Gift cards.
15.2.9 Purchases from pawn shops.
15.2.10 Split transactions.
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15.2.11 Backorders.
15.2.12 Autopay for monthly or recurring invoices and charges.
15.2.13 Acceptance of cash refunds in lieu of a credit.
15.2.14 Acceptance of store credits in lieu of a credit.
15.2.15 To acquire or accumulate loyalty or rebate program points, for personal
use. Where prohibited by County CMA.
15.2.16 Advance payments for services, unless allowable per Section 28.235, Fla.
Stat.
15.2.17 Rental Cars (Contact Fleet Management Division).
15.2.18 Gasoline, fuel, or oil. (Contact Fleet Management Division).
15.2.19 Purchases from individuals and entities associated with foreign countries
of concern, pursuant to Section 287.138, Fla. Stat.
15.2.20 Payment of overdue, unpaid, or Purchase Order-initiated invoices.
15.3 Refer to Resolution No. 2013-274, as amended, for specific exemptions applicable to the
Tourism Division.
15.4 The Cardholder is responsible for contacting the P-Card Program Manager within one (1)
business day if the P-Card is inadvertently used for personal use.
16. USING THE P-CARD
16.1 Before using the P-Card, the Cardholder must determine whether the item is available for
purchase and whether sufficient funding is available.
16.2 Online Purchases.
16.2.1 Ensure the website is secure by checking for 'https' in the URL, verifying the
presence of a closed lock icon, and confirming the legitimacy of the merchant
through independent research, if necessary.
16.2.2 Avoid using public Wi-Fi and ensure the network is secure.
16.2.3 Always log out of the account after completing the transaction.
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16.3 PayPal.
16.3.1 The Procurement Services Division allows the use of PayPal as long as the
following conditions are met:
16.3.1.1 The Cardholder prints screens to document where the payment
was initiated and the details of the transaction.
16.3.1.2 The Cardholder provides these screen prints, along with all
itemized receipts, confirmations, and emails to the Fiscal
Processor.
16.3.1.3 Receipts document the purchase with as much detail as is
available.
16.3.1.4 The PayPal merchant ID is entered on the transaction.
16.4 Advance Payment. Collier County pays for commodities and services after they have
been received, unless the transaction meets specific conditions established in Section
28.235, Fla. Stat.
16.5 Certificates of Insurance.
16.5.1 The Cardholder is responsible for ensuring a current Certificate of Insurance
(COI) is provided by the merchant prior to any work being performed and that the
current COI is provided to the Fiscal Processor to attach to the SAP record with
the transaction.
16.5.2 Contact the Risk Management Division to determine the appropriate coverages.
Refer to the Insurance Guide found on the Procurement Services Division
SharePoint intranet page.
16.6 Sales Tax Exemption.
16.6.1 Collier County purchases are tax exempt, and the tax-exempt certificate can be
found on the Procurement Services Division SharePoint intranet page.
16.6.2 Provide the merchant with the County's tax exemption number.
16.6.3 Cardholders are responsible for reviewing the receipt prior to leaving the
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store/internet site and obtaining a credit for Florida sales tax incorrectly applied.
16.6.4 If a purchase is charged taxes, Cardholders must attempt to have taxes credited.
Should a merchant refuse to issue a sales tax credit, Cardholders must document
the attempt and submit this documentation to Procurement Services for further
action. Repeated issues with the same merchant should be reported to the
Procurement Services Division for evaluation of merchant compliance.
16.6.5 Failure to obtain credit for Florida sales tax when required may result in
reimbursement to the County by the Cardholder for taxes paid.
16.6.6 Failure to adhere to the sales tax exemption policy may result in disciplinary
action, including revocation of P-Card privileges.
16.6.7 Our Tax Forgiveness Policy only covers purchases that total $300 or less and is
at the discretion of the Procurement Services Division Director or designee.
17. RETURNS
7.1 Cardholders are responsible for obtaining a credit receipt or invoice from a merchant
when the purchase is returned to the merchant. Cardholders are not authorized to receive
a cash payment for returned purchases.
7.2 Cardholders cannot accept store credit for purchases made via P-Card. If the merchant is
uncooperative in giving a credit, the Cardholder shall dispute, per Section 24 Disputes of
this manual, the transaction with the Bank within sixty (60) days of the end of the cycle
in which the transaction occurred.
7.3 All merchant rebates resulting from purchase activities shall be directed to the
Procurement Services Division.
18. RECEIVING/SHIPPING INSTRUCTIONS
18.1 Although the County General Terms and Conditions require shipping to be FOB
Destination, it is understood that the vast majority of P-Card purchases are generally made
with suppliers where freight will be added to the final total.
18.2 Cardholders should ensure that freight costs are reasonable and identified on the quote
and invoice.
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18.3 When items are being shipped, the Cardholder must have the product shipped to the
Cardholder’s office address and include the following:
• Attention (Name)
• Division (Name)
• Division Address (including current address and suite numbers)
18.4 Please request the Merchant to clearly mark on the paid invoice receipt that it is a “P-
Card transaction.” This will avoid duplication of invoices.
18.5 The merchant should not charge the P-Card until the item is ready to ship.
18.6 If the Cardholder has not received the purchased item within five (5) days, the
Cardholder should contact the merchant.
19. ITEMIZED RECEIPTS
19.1 Obtain an itemized receipt for all purchases.
19.2 Check with the merchant prior to making the payment to ensure an itemized receipt will
be generated.
19.3 The itemized receipt must include the quantity, a description of the item(s), the unit cost,
and the extended price.
19.4 Review the itemized receipt immediately upon receipt.
20. LOST OR INCOMPLETE RECEIPTS
20.1 If a receipt is lost, the Cardholder must contact the merchant to obtain a duplicate itemized
receipt.
20.2 Receipts that are not itemized and pricing that cannot be verified could result in
repayment by the Cardholder.
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20.3 The Procurement Services Division Director or designee has the authority to approve
payment of a P-Card transaction without the itemized receipt and will be dealt with on an
individual basis, along with a detailed explanation from the Cardholder's Director.
21. P-CARD BILLING CYCLE AND PROCESSING
21.1 The P-Card has a thirty (30) or thirty-one (31) day cycle that does not coincide with an
actual month. The cycle runs from the 6th through the 5th of the following month. The
next business day after the 5th is when the monthly card limit renews.
21.2 Monthly Processing.
21.2.1 Each cycle (6th - 5th of any month) that the Cardholder had transaction(s).
21.2.2 Make sure each transaction has supporting documentation.
21.2.3 Scan all receipts/documentation and attach them to the transaction in Xponential.
21.2.4 Confirm the account string (Fund, Cost Center, G/L, and WBS, if applicable) on
all transactions.
21.2.5 Ensure the budget is available for transactions.
21.2.6 Transactions will not be reflected in the SAP Budget to Actual report until posted
by the Clerk of Courts Finance Department.
21.3 Supporting Documentation.
21.3.1 Supporting documentation from the Cardholder should be presented to the Fiscal
Processor for review immediately after the use of the P-Card but no later than two
(2) days after the purchase to allow the Fiscal Processor ample time to enter the
necessary data and documentation on the transaction in Xponential.
21.3.2 At a minimum, the supporting documentation must contain:
21.3.2.1 Date of purchase.
21.3.2.2 Amount of each item, number purchased, freight charges, and tax,
if applicable.
21.3.2.3 If a surcharge is charged, it must be itemized.
21.3.2.4 Merchant name.
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21.3.2.5 Itemized description of items purchased.
21.3.2.6 Signed authorized travel request, if applicable.
21.3.2.7 Contract number if purchased off a current contract, or a note
specifying purchase was a non-contract item.
21.3.2.8 Include a valid public purpose for the goods or service.
21.3.2.9 COI (Certificate of Insurance), if applicable.
21.4 Cardholders shall ensure merchants are paid promptly and must follow up with the
merchant if the P-Card has not been charged within one (1) week after the services have
been rendered or the item received.
21.5 The Cardholder cannot pay for a purchase or service with the P-Card weeks or months
later.
21.6 Non-travel-related food purchases that fall under an approved Resolution require
additional documentation. List the Resolution number, complete valid business purpose,
including details such as attendees, name of event, event information, etc.
21.7 Accurate documentation is essential for audit purposes. Failure to provide proper
documentation may lead to an audit finding and could result in disciplinary action,
including revocation of P-Card privileges.
21.8 All travel must be pre-approved per CMA #5310 Business Travel.
21.9 Airline Tickets and Luggage Fees. The cost of taking luggage on a business trip may be
paid using the P-Card. A copy of the receipt must be attached to the P-Card transaction.
21.10 Capital Assets.
21.10.1 Cardholders will ensure capital funds are available prior to making the purchase.
21.10.2 The Director or designee is responsible for providing to the Clerk of Court’s
Finance Department via the Capital Asset Transaction Form with any asset-
related transaction information made with a P-Card, in accordance with CMA #
5809 Managing Personal Property and Consumable Supplies.
21.10.3 The signed asset form shall be attached to the record in Xponential.
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21.11 Information Technology (IT) Acquisitions. Any Procurement that involves the purchase
of technology requires the written pre-approval of the Information Technology Division.
21.12 Surcharges.
21.12.1 Merchants may add a surcharge which must be disclosed before the
purchase is made.
21.12.2 Most credit card companies require merchants to disclose credit card
surcharges in online transactions, on a sign at the store’s point of entry
and point of sale, and on the receipt.
21.12.3 Cardholders are responsible for evaluating the surcharge fee to ensure
the best value.
22. LOST OR STOLEN P-CARDS
22.1 Collier County has liability for a lost or stolen P-Card up until the time it is reported to
the Bank.
22.2 Cardholders have the responsibility to report the P-Card lost or stolen the moment they
realize their P-Card is missing or that the number has been compromised. In addition to
notifying the bank immediately, the Cardholder must notify the P-Card Program Manager
within twenty-four (24) hours.
23. LEGAL NAME CHANGES
23.1 The Purchasing Card Request form is to be completed and returned to Procurement for
approval. A new Cardholder Acknowledgement Form will also be required.
24. DISPUTES
24.1 In the event of a disputed transaction, Cardholders must notify the merchant and attempt
to resolve. If the merchant is uncooperative in resolving the matter, contact the P-Card
Program Manager.
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24.2 Cardholders have sixty (60) days to file a dispute.
25. UNAUTHORIZED USE OF P-CARD
25.1 Cardholders shall report all suspicious fraud activities to the Bank and the P-Card
Program Manager immediately.
25.2 The Bank will contact the P-Card Program Manager when there appears to be suspicious
activity or possible fraud. The Bank will not contact the Cardholder directly.
25.3 Cardholders are responsible for contacting the P-Card Program Manager within one (1)
business day if the P-Card is inadvertently utilized for personal use.
26. VIOLATIONS
26.1 The Cardholder’s use of the P-Card is subject to a continuing audit process.
26.2 Any violation of policy and/or procedures governing the use of the P-Card shall be
justification for the suspension or revocation of Cardholder privileges by the Procurement
Services Division Director or designee of the employee's privilege to use the P-Card and
can result in disciplinary action.
26.3 Violation Process:
26.3.1 First Offense = 30-day suspension of P-Card
26.3.2 Second Offense = 90-day suspension of P-Card
26.3.3 Third Offense = Revocation of P-Card
26.4 All employees or individuals participating in the P-Card Program are expected to adhere
to the highest ethical standards when using the P-Card, ensuring that all purchases meet
public purpose standards and align with the County’s commitment to transparency and
accountability.
26.5 Employees incorrectly using their P-Card will be disciplined, may be personally liable to
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the County for the amount of any non-approved purchase(s), and may be subject to legal
action by the County.
27. REJECTIONS
27.1 Transactions may be rejected or declined from time to time for a variety of reasons.
27.2 The most common reason is that the merchant has entered the wrong credit card number
or expiration date. Verify these with the merchant as a first step to resolve a decline.
27.3 All declined transactions appear immediately online through the banking system.
27.4 Cardholders can call the customer service number on the P-Card and the P-Card Program
Manager to assist in determining the reason for the declined transaction.
28. P-CARD EXPIRATION
28.1 P-Cards have four (4) digits to indicate expiration. The P-Card is always valid through
the end of the month indicated. If the P-Card were to expire (example: 01/27), it would
remain valid until January 31, 2027, at midnight.
28.2 Replacement P-Cards are automatically sent to the P-Card Program Manager, who will
contact the Cardholder for pick-up.
29. TERMINATION OF EMPLOYMENT OR DEACTIVATION OF P-CARD
29.1 Prior to the Cardholder’s last date of employment or transfer to a new division within
Collier County, the Cardholder is responsible for notifying the P-Card Program Manager
and physically destroying the P-Card. The P-Card Program Manager will then deactivate
the P-Card account.
29.2 If a Cardholder is put on leave for any disciplinary action or for an extended leave of
absence, it is the Cardholder’s Division Director’s responsibility to notify the P-Card
Program Manager immediately and the P-Card can be temporarily suspended. The P-
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Card will be reactivated upon notification of the Cardholder’s return. This is primarily
for leaves of absence over two (2) weeks.
29.3 If a Cardholder is terminated due to disciplinary action(s), the Division Director is
responsible for notifying the P-Card Program Manager and physically destroying the P-
Card. The P-Card Program Manager will deactivate the P-Card account.
29.4 The Division Director may request the P-Card Program Manager deactivate the P-Card
at any time.
30. RESERVED RIGHTS
31.1 The P-Card Program is a Procurement Services Division program under the control and
custody of the Procurement Services Division Director. The Procurement Services
Division Director or designee has authorization to direct P-Card use towards particular
merchants and markets for strategic purchasing reasons, where significant savings,
oversight, and rebates can be achieved.
31.2 The Procurement Services Division Director, or their designee, holds the authority to:
31.2.1 Issue or cancel P-Cards at any time.
31.2.2 Adjust spending limits as necessary, either increasing or decreasing them.
31.2.3 Conduct investigations related to P-Card usage.
31.2.4 Restrict transactions with specific merchants or merchant types.
31.2.5 Prohibit the use of specific Point of Sale (POS) devices for transactions.
31.2.6 Report any misconduct or failure to comply with established policies to the
County Manager or their designee.
31.3 The Procurement Services Division Director or designee has authorization to periodically
solicit for P-Card banking services and related management tools to provide the required
level of program oversight and management of the P-Card program.
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REVISION HISTORY
DATE Description
This version supersedes and repeals in its entirety
Purchasing Card Manual Rev. #4.0 (effective date
8/15/2023).