Agenda 03/11/2014 Item #16E1n EXECUTIVE SUMMARY
.3/11 /2014 16. E.1.
Recommendation to extend contract 09 -5260 for janitorial services to ABM Janitorial
Services — Southwest, LLC (ABM), through August 31, 2014 or until the Board awards a
new contract (whichever is sooner); and, approve the necessary budget amendments for
processing payments which support the protest.
OBJECTIVE: To extend the current County janitorial contract so that an independent hearing
officer can consider an appeal from the Purchasing Director's decision on a formal bid protest
and make a final recommendation to the Board of County Commissioners.
CONSIDERATIONS: The Department of Facilities Management manages janitorial services for
approximately 140 County -owned buildings totaling 1,500,000 square feet.
On October 10, 2013, the Purchasing Department solicited bids for janitorial services. The
selection was based upon the lowest qualified bidder, as outlined in the solicitation. A total of
three hundred forty- seven (347) notices were sent, fifty-three (53) downloaded, and seven (7)
submissions. The order of the bidder's from lowest to highest price was:
While ISS Facility Services was the lowest bidder, the firm was not a local vendor. Per the
Board's. Purchasing Ordinance (Section 15: Procedure to Provide Preference to Local Business
in County Contracts), staff extended the Local Vendor Price option, to the second lowest bidder,
USSI [within ten (10 %) of the lowest offer]. USSI declined to accept the ISS Facility Services
bid minus one ($1.00) dollar. Staff posted the intended recommendation on Thursday, February
6, 2014, and subsequently received a protest to the recommendation from an attorney with the
law firm Vemis & Bowling representing the third lowest bidder and current vendor, ABM.
After review of all of the issues raised in the protest, and the facts pertaining to each, the
Purchasing Director supported the staffs position of merely applying the originally bid unit price
to correctly calculate the low bid amount. Accordingly, the Purchasing Director denied ABM's
protest and directed staff to move forward with the award of ITB 13 -6113 Janitorial Services.
The Board's Purchasing Ordinance (Section 23, F and G) allows the protesting party to appeal
the Purchasing Director's decision. Thereafter, as permitted by the Ordinance, the County
Manager directed the appointment of a hearing officer to consider the appeal and make a final
recommendation for the Board of County Commissioners. Per the Ordinance, the Hearing
Officer will have a maximum of sixty (60) days to schedule and conduct a hearing into the
matter and issue a recommended finding of fact and an opinion to the County Manager. The
County Attorney's Office will coordinate the appointment of the Hearing Officer and support the
n appeal process.
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4ISS Facility Services
$1,177,682.83
USSI
1,290,226.36
ABM
1,302,672,42
American Facility
1,412,866.90
American Maintenance
1,447,799.22
DTZ
1,453,060.01
Grosvenor
1,638,446.01
While ISS Facility Services was the lowest bidder, the firm was not a local vendor. Per the
Board's. Purchasing Ordinance (Section 15: Procedure to Provide Preference to Local Business
in County Contracts), staff extended the Local Vendor Price option, to the second lowest bidder,
USSI [within ten (10 %) of the lowest offer]. USSI declined to accept the ISS Facility Services
bid minus one ($1.00) dollar. Staff posted the intended recommendation on Thursday, February
6, 2014, and subsequently received a protest to the recommendation from an attorney with the
law firm Vemis & Bowling representing the third lowest bidder and current vendor, ABM.
After review of all of the issues raised in the protest, and the facts pertaining to each, the
Purchasing Director supported the staffs position of merely applying the originally bid unit price
to correctly calculate the low bid amount. Accordingly, the Purchasing Director denied ABM's
protest and directed staff to move forward with the award of ITB 13 -6113 Janitorial Services.
The Board's Purchasing Ordinance (Section 23, F and G) allows the protesting party to appeal
the Purchasing Director's decision. Thereafter, as permitted by the Ordinance, the County
Manager directed the appointment of a hearing officer to consider the appeal and make a final
recommendation for the Board of County Commissioners. Per the Ordinance, the Hearing
Officer will have a maximum of sixty (60) days to schedule and conduct a hearing into the
matter and issue a recommended finding of fact and an opinion to the County Manager. The
County Attorney's Office will coordinate the appointment of the Hearing Officer and support the
n appeal process.
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3/11/2014 16.E.1.
FISCAL IMPACT: The Board's Purchasing Ordinance allows for the protesting parry to submit a
non - refundable filing fee for the purpose of defraying the costs of administering the protest. A
check for $3,000 was submitted by the attorney representing the protesting parry. Should the
Hearing Officer find in favor of the County, the protesting party pay[s], 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 expected hearing expenses are projected to
be approximately $3,000.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval. —SRT
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
I RECOMMENDATION: That the Board of County Commissioners extends contract 09 -5260 for
janitorial services to ABM through August 31, 2014 or until the Board awards a new contract
' (whichever is sooner); and, approves the necessary budget amendments for processing
payments which support the protest.
Prepared By: Joanne Markiewicz, Director of Procurement. Services
- Attachment:
• Contract Extension Agreement
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n
/'\
3/11/2014 16. E.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.1.
Item Summary: Recommendation to extend contract 09 -5260 for janitorial services to
ABM Janitorial Services — Southwest, LLC (ABM), through August 31, 2014 or until the Board
awards a new contract (whichever is sooner); and, approve the necessary budget amendments
for processing payments which support the protest.
Meeting Date: 3/11/2014
Prepared By
Name: NorthrupAdam
Title: Procurement Specialist, Purchasing & General Services
2/19/2014 10:20:48 AM
Submitted by
Title: Procurement Specialist, Purchasing & General Services
Name: NorthrupAdam
2/19/2014 10:20:49 AM
Approved By
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Division
Date: 2/21/2014 1:58:11 PM
Name: NorthrupAdam
Title: Procurement Specialist, Purchasing & General Services
Date: 2/24/2014 8:06:00 AM
Name: JohnsonScott
Title: Procurement Specialist, Purchasing & General Services
Date: 2/24/2014 8:09:44 AM
Name: MarkiewiczJoanne
Title: Manager - Procurement, Purchasing & General Services
Date: 2/26/2014 2:47:03 PM
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3/11/2014 16.E.1.
Name: PriceLen
Title: Administrator - Administrative Services, Administrative Services Division
Date: 2/26/2014 4:33:11 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/28/2014 3:26:52 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/28/2014 3:44:03 PM
Name: PryorCheryl
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 3/3/2014 11:21:39 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 3/3/2014 3:10:12 PM
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calms coney
Afro Servfo" Doom
Pumhu ng
February 26, 2014
3/11/2014 16. E.1.
Mr. John Amidei
ABM Janitorial Services — Southeast LLC
3260 NW 23f° Avenue, #100
Pompano Beach, FL 33069.
FAX: 954- 974 -5388
Email: connie.bires@abm.com
RE: Contract Extension for 09 -5260 Janitorial Services
Dear Mr. Amidei:
Collier County is requesting an extension of the above referenced contract through August 31, 2014
or until the Board awards a new contract (whichever is sooner) in order for an independent Hearing
Officer to consider ABM's appeal of the Purchasing Director's decision of Solicitation 13 -6113
Janitorial Services. This extension is contingent upon the Board's approval expected at its March 11,
2014 meeting.
If you are agreeable please indicate your intentions by providing the information as requested below:
`. I am agreeable to an extension of contract 09 -5260 Janitorial Services (for'the
time frame indicated) under the same terms, conditions, and pricing as the
existing contract.
I am not agreeable to the extension of this contract.
Please return this signed agreement to my attention by 4PM on Monday March 3 2013.
Respectfully,
F._ rte Markiewicz`
Director, Procurement Services
Email: ioannemarkiewicz _O- collieroov.net
Telephone: (239) 252 -8975
FAX: (239) 252 -6480
Acceptance of Copoct Extension
Company Signature
{Corporate Officer} -- - --
I
Print Name
Signature Date '2G.14
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