Agenda 06/10/2008 Item #10E
Agenda Item NO.1 OE
June 10, 2008
Page 1 of 34
EXECUTIVE SUMMARY
Recommendation to consider amending the purchasing policy to include a
local vendor preference policy.
OBJECTIVE: To determine how best to support our local economy.
CONSIDERATIONS:
On May 27th, the Board of County Commissioners considered the adoption of a
local vendor preference policy. Arguments in favor of this policy include a desire
for the agency to help develop the local business community and encouraging
businesses to locate to Collier County. Concerns regarding such a policy were
also raised, including the potential chilling effect on competition through the loss
of interest in County business from out of town vendors and possible difficulties
in administering and enforcing the provisions of the policy,
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During the discussion, the Board reviewed two possible ways of implementing
local preference. The following is a summary of each and some observations
regarding each:
1) Local Riqht to Match. In instances where the apparent lowest bidder is not
local and a local bidder's offer is within 10 percent of that bid price, the local
bidder will, subsequent to the bid opening, be given an opportunity to match
the price of the apparent low bidder. If the local bidder matches the apparent
low bidder, award of the contract would be diverted to the local bidder, subject
to the provisions of Section 287.087 F.S. which sets forth a separate
procedure for breaking ties. As of this writing, staff is not aware of any
precedence for the use of this procedure and believes that it could serve to
lessen the pool of interested bidders in the future.
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2) Best and Final Offer.lor "BAFO") In instances where the apparent lowest
bidder is not local and one or more local bid offers are within 1 0 percent of the
lowest bid price, the apparent low bidder and the local bidder(s) whose
offer(s) fall within 10 percent would compete in a subsequent round of
competition. Award would be made the bidder submitting the lowest price in
the second round. In the event of a tie, award would be made subject to
Section 287.087 F.S. If the tied vendors remain tied after that tiebreaker,
preference would be given to the local bidder. This procedure is more
competitive as the apparent low bidder and possibly multiple bidders would
remain in contention for the award. Also, there is some precedence for the
use of BAFO procedures in public procurement (federal government primarily)
and more specifically for local preference purposes (e.g.; Dade and Broward
Counties).
Should the Board decide to proceed with adopting a local preference ordinance,
it would need to decide which of the two methods will be utilized for the
Agenda Item NO.1 DE
June 10, 2008
Page 2 of 34
competitive sealed bid process. Additionally, staff has reviewed the proposed
changes to the purchasing policy language and has modified the language as
follows:
>- Specific terminology has been modified to be consistent with existing policy.
>- The language regarding ties has been modified to meet Section 287.055, F.S.
>- The submission requirements for seeking local preference have been clarified
>- The preference process steps for bids and proposals have been clarified
r The existing over budget negotiation provision (Section VI.D.2) has been
modified to comport with the local preference section
>- Audit and Accounting Services (per Section 11.45 F.S.) have been exempted
from the local preference procedure
,. A "sunset" provision has been added that calls for review of the new policy
after one and two years respectively and expiration of the policy after the
second year if not renewed by the Board.
FISCAL IMPACT: Either of the proposed procedures would not be expected to
increase costs. However, as indicated above, if the adopted procedure serves to
discourage non-local participation, the reduction in competition could result in
higher bid prices.
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth
Management Plan.
LEGAL CONSIDERATIONS: The proposed changes to the Purchasing Policy
are all legally sufficient for Board action. With respect to whether the Board
wishes to adopt a Local Right to Match or Best and Final Offer, Best or Final
Offer is a component of a number of existing Florida purchasing ordinances, and
represents a generally accepted manner of business. Although this Office
believes that a Local Right to Match is legally sufficient and within this Board's
Home Rule Power, we could not locate this policy being utilized by other Florida
local governments, and accordingly of the two proposals the Local Right to Match
is more susceptible to legal challenge. -JAK
RECOMMENDATION: That the Board of County Commissioners determine
whether it will adopt a local preference policy and if so, select the procedure to
be utilized for the competitive bid process, approve the enclosed resolution and
changes to the purchasing policy.
PREPARED BY: Steve Carnell, Purchasing/General Services Director
Page 1 of 1
Agenda Item No. 10E
June 10, 2008
Page 3 of 34
COLLIER COUNTY
BOARD OF COUNTV COMMISSIONERS
Item Number:
10E
Item Summary:
This item to be heard at 11 :00 am. Recommendation to consider adoption of local vendor
preference policy. (Steve Carnell. Director of Purchasing)
6110/2008 90000 AM
Meeting Date:
Prepared By
Steve Carnell Purchasing/General Svcs Director Date
Administrative Services Purchasing 5130120084:55:41 PM
Approved By
Steve Carnell Purchasing/General Svcs Director Date
Administrative Services Purchasing 5/30/20085:05 PM
Approved By
Jeff Klatzkow Assistant County Attorney Date
County Attorney County Attorney Office 6/3/200810:23 AM
(' Approved By
Len Golden Price Administrative Services Administrator Date
Administrative Services Administrative Services Admin. 61412008 11:10 AM
Approved By
John A. Yonkosky Director of the Office of Management Date
County Manager's Office Office of Management & Budget 614120084:44 PM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 614/20085:11 PM
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file://C:IAgendaTestIExportl I 09-June%20 1 0,%20200811 0.%20COUNTY%20MANAGER%... 6/4/2008
Agenda Item NO.1 DE
June 10, 2008
Page 4 of 34
RESOLUTION NO. 2008-~
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS SUPERCEDING COLLIER COUNTY
RESOLUTION NO. 07-340 AND AMENDING THE
PURCHASING POLICY TO INCLUDE A LOCAL
PREFERENCE POLICY AND PROCEDURE.
WHEREAS, Collier County Ordinance 87-25 provides for the establishment of a
purchasing policy to govern all aspects of purchasing administration; and
WHEREAS, the Board of County Commissioners on November 27, 2007, adopted a
purchasing policy by Resolution No. 07-340; and
WHEREAS, the Board ofeounty Commissioners desires to amend the purchasing policy
to include a local preference policy and procedure for local businesses; and
WHEREAS, Collier County is home to many great locally owned companies, large and
small, and these local companies employ many local citizens; and
WHEREAS, diversification and expansion of the County's economy is essential to its
economic and fiscal stability; and
WHEREAS, in FY200?, Collier County Government paid a total of $483 million 111
purchase orders; of this amount, less than half of these funds went to local companies; and
WHEREAS, the average percentage of County government monies spent with local
companies over the last three fiscal years is 42.?O/~; and
WHEREAS, numerous other local governments in Florida offer their local firms similar
local preferences, limiting opportunities for Collier County local businesses; and
WHEREAS, in an effort to provide a positive impact on our local economy and expand
the capabilities and capacities of our local companies, the Board of County Commissioners
desires to provide locally owned and operated companies preference in the purchasing policy
system within Collier County Government; and
WHEREAS, County government and county residents will benefit from local business
retention as these companies pay local real estate taxes and are more likely to employ local
residents who live in our County and spend in our local economy; and
WHEREAS, local businesses contribute to the local tax base and reinvest their dollars
back to local communities through jobs and the support of local not-far-profit organizations; and
WHEREAS, the Board feels this is an important public policy to show loyalty and
respect to the owners and employees oflocal companies; and
Agenda Item No. 10E
June 10, 2008
Page 5 of 34
WHEREAS, it is the Board's intent to promote the expansion of Collier County's local
business capability and capacity.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board of County
Commissioners hereby supercedes Resolution No. 07-340 and amends the Collier County
Purchasing Policy to include a Local Preference Policy and Procedure.
THIS RESOLUTION ADOPTED after motion, second and majority vote this _
day of
,2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
TOM HENNING, CHAIRMAN
Approved as to form
and legal sufficiency:
,,,--.,
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Jeffrey A. Klatzkow
County Attorney
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Agenda Item NO.1 OE
June 10, 2008
Page 6 of 34
PURCHASING POLICY OF COLLIER COUNTY
I. ESTABLISHMENT OF PURCHASING POLICY
Ordinance No. 87-25 provides for the adoption of a Purchasing Policy. Collier County
Resolution No. 97-435 establishes the following Purchasing Policy.
II. PURCHASING DEPARTMENT RESPONSIBILITIES
A. The Purchasing Department shall be responsible for:
1. Seekino Maximum Value: Act to procure for the County the highest quality
commodities, s~~~li8s and contractual services at least expense to the
County.
2. EncouraOlno comoetltlon: Endeavor to obtain as full and open competition as
possible on all purchases and sales.
3. Procedures: Establish and amend, when necessary, operational procedures
for the implementation of the Purchasing Policy provided by ordinance. Said
procedures shall become effective only when approved in writing by the
County Manager. Copies of the procedures shall be maintained on file in the
office of the Purchasing Department.
4. Purchasino Analvsis: Keep informed of current developments in the field of
purchasing, prices, market conditions and new products, and secure for the
County the benefits of research conducted in the field of purchasing by other
governmental jurisdictions, national technical societies, trade associations
having national recognition, and by private business and organizations.
5. Purchasino Manual: Prescribe and maintain a standard Purchasing Manual
for all using agencies. The content of said manual will be governed by this
Policy.
6. Forms: Prescribe and maintain such forms as shall be found reasonably
necessary to the operation of this Policy.
7. Vendor Certification: Document that vendors doing business with the County
have acknowledged their understanding and acceptance of the terms and
conditions of the County's Purchasing Policy and have agreed to abide by
those terms.
8. Bulk Purchases: Exploit the possibilities of buying "in bulk" so as to take full
advantage of discount.
9. Vendors' Cataloo File: Prepare, adopt and maintain a vendor's catalog file.
Said catalog shall be organized according to materials andlor services and
shall contain descriptions of vendors' commodities, prices and discount.
10. Tax Exemotions: Act so as to procure for the County tax exemptions to which
it is entitled.
11. Coooeration: Cooperate with using agencies so as to secure for the County
the maximum efficiency in budgeting and accounting.
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June 10, 2008
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12. Susoension and Debarment of Vendors: To oversee and facilitate the
suspension and/or debarment of vendors as set forth under Section XXIX of
this policy.
13. Inaulrv and Control: Have full authority to question the quality, quantity, and
kinds of items requisitioned in order that the best interests of the County are
served. The Purchasing Director shall have final approval authority for all
purchases at or below the formal competitive threshold. To ensure the timely,
proper and orderly acquisition of services to the various using agencies, all
authority granted to the Purchasing Director in this policy may be formally
delegated by the Purchasing Director in whole or in part to appropriate staff
members within the County Manager's agency.
III. PURCHASES NOT EXCEEDING $3,000
Purchases that do not exceed $3,000 may be approved by the Purchasing Director
without informal or formal competition by means of a purchase order, purchasing card or
formal agreement (or any combination therein) as defined under this policy or deemed
appropriate by the Purchasing Director.
IV. INFORMAL COMPETITION (PURCHASES EXCEEDING $3,000 BUT NOT GREATER
THAN $50,000)
A.
All purchases exceeding $3,000 but not more than $50,000 shall be awarded by
the Purchasing Director to the qualified and responsive vendor submitting the
lowest or best overall quote which meets all specifications, unless the requirement
for competition is waived by the Purchasing Director in accordance with Section
4.B. All such purchases may be solicited and awarded without formal public
announcement and without formal competition.
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1. Minimum Number Quotes: Open market purchases or sales in excess of
$3,000 but less than or equal to the formal competitive threshold shall be
based on a good faith effort by the Purchasing Department or the using agency
to obtain at least three (3) competitive quotes (including all "no quote"
responses). Award shall be made to the lowest, qualified and responsive quote
in accordance with the standards set forth in this Policy.
2. Solicitation of Quotes: The Director may solicit quotes orally, written, or
electronically for open market pricing or sale, using available bidders' and
supplier lists. The Director shall determine in which instances quotations shall
be solicited in writing. Further the Director shall determine which agency (e.g.;
Purchasing or the using agency) shall obtain the quotations. All quotes in
excess of ten thousand dollars $10,000 shall be tendered or confirmed in
writing or electronically submitted by the vendor prior to purchase.
3. Public Record: The Director shall keep a record of all open market quotes
submitted and such records shall be open to public inspection after award has
been made.
B.
The requirements for requesting quotes from three (3) or more sources are waived
and do not require Board action for:
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1. Purchase of library books, education and/or Personnel tests, similar audio
visual materials, periodicals, printed library cards, etc.
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June 10, 2008
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2. Professional services; and, in instances when authorized by the Purchasing
Director where commodities or services are purchased directly from the owner
of a copyright or patent, a governmental agency, a recognized educational
institution, a not-for-profit entity or when there are no other identifiable sources
available.
3. Purchases that the Director has determined to be legitimate single source
purchases.
4. Valid public emergencies or other instances deemed by the Director to be in
the best interests of the County.
5. Purchase of services from experts or consultants by or through the Office of
the County Attorney for purposes of preparing for or defending against
imminent or pending civil litigation or administrative proceedings.
C. All purchases greater than $1,000 but less than or equal to $3,000 will generally be
processed using a regular purchase order. However, such purchases may be
processed using a purchasing card in accordance with Section XXIV of this policy.
V. FORMAL COMPETITIVE THRESHOLD (Purchases in excess of $50.000)
A. It is the intent of the Board of County Commissioners to establish an amount of fifty
thousand dollars ($50,000) as the County's formal competitive threshold for
purchases. The established limit shall be applied to all methods of purchase by
agencies under the purview of the Board of County Commissioners, including but
not limited to competitive sealed bids, competitive proposals and competitive
selection and negotiation. The requirement for formal competition may be waived
by the Board of County Commissioners where permitted by law, under the
following circumstances:
1. Purchase of library books, education and/or personnel tests, similar audio
visual materials, periodicals, printed library cards, etc.
2. Single source purchases (pursuant to subsection C).
3. Valid public emergencies (pursuant to Section XXI).
4. Where it is determined to be in the best interests of the County to do so.
B. All purchases subject to formal competition shall be awarded by the Board of
County Commissioners unless otherwise delegated by the Board via formal public
action.
C. Exemption For Sinqle Source Commodities: Purchases of commodities and
services from a single source may be exempted from formal competition upon
certification by the Purchasing Director of both of the following conditions:
1. The item(s) is the only one available that can properly perform the intended
function(s);
2. The recommended vendor/contractor is the only one ready, willing and able to
meet the County's requirements.
All Single Source purchases in excess of the formal competitive threshold shall be
exempted from formal competition by the Board. Recurring single source
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Agenda Item NO.1 OE
June 10, 2008
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purchases shall not require subsequent Board approval (in the same or in any
subsequent fiscal year) provided that there are sufficient budget appropriations to
make each purchase. Purchases less than or equal to the formal competitive
threshold may be exempted from competition by the Purchasing Director, as
permitted by law
D. Use of Past Performance Data: In order to promote the qualitative delivery of
commodities and services, County departments shall record and consider the past
performance of vendors in the award of contracts exceeding the formal competitive
threshold. This objective shall be accomplished as follows:
1. The Purchasing Department shall be responsible for each of the following:
a. Developing, implementing and maintaining appropriate administrative
procedures, instructions and technologies necessary to collect and access
vendor performance data.
b. Ensuring that relevant past performance data is properly gathered and
considered prior to award of subsequent contracts.
2. Using agencies shall be responsible for each of the following:
a. Conducting periodic performance evaluations of vendors under contract
with the County pursuant to the procedures established pursuant to
subsection V.D.1 a.
b. Considering the past performance of vendors during the evaluation of
formal bids and proposals for subsequent contract awards as set forth in
the administrative procedures referenced under subsection V.D.1a.
VI.
COMPETITIVE BID PROCESS
Any purchase of commodities or services costing in excess of the formal competitive
threshold shall be accomplished by competitive sealed bid, by competitive selection and
negotiation (per section VII) or by competitive proposals (per section VIII). Award of Bid
Contract shall be made by the Board to the lowest, qualified and responsive bidder
except where otherwise provided for in this policy or unless an exception is granted by
the Board. Bid limits for requirements utilizing federal or state funds will be those
required by said agency granting the funds or the County's requirements, whichever
takes precedence.
A. Notice Invitino Bids:
1. Announcement: Notice inviting bids shall be publicly posted by the Purchasing
Department in a consistent public location at least ten (10) days preceding the
last day established for the receipt of bid proposals. Bids may be solicited
and/or received in one or more steps as permitted by law and deemed
appropriate by the Purchasing Director.
2. Scope of Notice: The public notice required herein shall include a general
description of the commodities/services to be purchased or sold, shall state
where bid instructions and specifications may be secured and the time and
place for opening bids.
3. Bidders' List: The Director shall also solicit sealed bids from qualified
prospective vendors/contractors who have registered their names on the
Collier County Purchasing Department vendor database, which will
electronically send them a notice of the proposed purchase or sale. Notices
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Agenda Item NO.1 OE
June 10, 2008
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sent to the vendors/contractors on the Collier County Purchasing Department
vendor database shall be limited to commodities or services that are simiiar in
character and ordinarily handled by the trade group to which the notices are
sent. Vendors/contractors are responsible for maintaining their profiles in the
database to ensure proper notifications are received. Vendors/contractors may
be removed from the database by the Director for continual non-response to
formal solicitations and violations to the Purchasing Policy. The Director shall
have the discretion to continue to issue formal solicitations and accept formal
bids, proposais and other tenders using paper where appropriate.
4. Bid Deoosits: When deemed necessary by the Director, bid deposits shall be
prescribed in the public notices inviting bids. Said deposits shall be in the
amount equal to five percent of the bid submitted. The Director shall have the
authority to return the deposits of all bidders prior to award of bid contract by
the Board of County Commissioners. A successful bidder shall forfeit any
deposit required by the Director upon failure on the vendor's part to enter into a
contract within ten (10) working days after written notice of award.
5. Bid Addenda: An addendum to a specification shall be defined as an addition
or change in the already prepared specifications for which an invitation has
been issued for formal quotations or an announcement has been posted for a
formal sealed bid. Any addendum to a request for formal sealed bids shall be
approved by the Department Director or designee and the Purchasing Director.
The addendum shall clearly point out any addition or change to the invitation
for bids. The Purchasing Department shall be responsible for insuring that
addenda are available on the e-procurement web site and that all prospective
bidders who have downloaded specifications are notified of the addendum prior
to opening of bids.
B. Procedure for Bids:
1. Sealed Bids: Sealed bids shall be submitted manualiy or electronically to the
Director and if manual shall be clearly identified as bids on the outside of the
sealed envelope.
2. Ooenina: Bids shall be opened publicly at the time and place stated in the
public notices and shall be witnessed and certified by the Purchasing
Department.
3. Tabulation: A tabulation of all bids received shall be made either electronically
or manually by the Purchasing Department and shall be available for public
inspection.
C. Tie Bids: Where there are low tie bids, the award process shall first be subject to
Section 287.087, F.S. In the event that all of the tied bidders comply With Section
287.087, F.S., the Purchasing Department shall determine if any of the bidders
would be considered a local business as defined under Section XI of this policy. If
one (and only one) of the bidders is determined to be a local business, then award
of contract shall be made to that bidder. In the event that two or more local bidders
are tied thereafter, award of contract shall be made In accordance with Section
XI.2.(a) of this policy. Sho""! a ti9 etill exiet among w,'e er ",ere siEl89r. an8 if tho
~"r8hae8 ie IHn898 in 'lIhole or in ~art with inlorag9n8\' grant IHn8e, Ihe tio ehall so
srolwn in a88erElan89 with the grant 8enElitisne or Ihe grantor agen8Y'. ~f880ElHro
govorning .Hsh matters. If ne iAterageAGY grant lun8e are a~~rowiats8 for the
~Hr8hase ana any ene ef the lew ~Halifiod '/en89re has a ~rinGi~al ~laGe 01
sHsinees le8ated in Collier CeHnty, the Si8 ehall sa m\'ara98 10 the leGal si880r.
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Agenda Item NO.1 OE
June 10, 2008
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D. Reiection Of Bids And Neqotiation:
1. The Board of County Commissioners shall have the authority to reject any and
all bids.
2. Subsequent to applying the procedures set forth under Section XI(2)(a) (where
applicable), if the iowest, qualified responsive bid exceeds the budgeted
amount and if the purchase is not funded in whole or in part with interagency
grant dollars, the Purchasing Director may negotiate changes with the apparent
lowest qualified and responsive bidder that will bring prices into budgeted limits
subject to the final approval and acceptance of the Board. If the budgeted
amount includes grant funds, the Purchasing Director shall be authorized to
conduct such negotiations provided said actions are not prohibited by law or
the grant conditions.
3. If no bid is received. the Board of County Commissioners may authorize the
Purchasing Director to purchase by negotiation under conditions most
favorable to the public interest and when said purchase will result in the lowest
ultimate cost of the commodities or services obtained.
E. Waiver Of Irreqularities: The Board of County Commissioners shall have the
authority to waive any and all irregularities in any and all formal bids.
F.
Award Of Bid Contract: The Chairman, when authorized by majority vote of the
Board or as otherwise provided for in this policy, shall execute formal contracts
having a binding effect upon the County. Formal, bilateral contracts shall not be
required where a purchase order is sufficient. A formal contract shall be awarded
by the Board of County Commissioners to the lowest qualified and responsive
bidder. In addition to the price shall be considered the following:
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1. The ability, capacity and skill of the bidder to perform the contract.
2. The ability of the bidder to perform the contract within the time required or the
least time. if appropriate, without delay or interference.
3. The experience and efficiency of the bidder.
4. The quality and performance of previous contracts awarded to the bidder.
5. The previous and existing compliance by the bidder with laws and ordinances
relating to the contract.
6. The quality, availability and adaptability of the commodities or contractual
services to the particular use required.
7. The ability of the bidder to provide future maintenance and service (where
applicable).
All recommendations for award for bid contract will be reviewed and approved by
the Purchasing Director prior to presentation to the Board of County
Commissioners.
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Bidders competing for a prospective bid award (and their agents/representatives)
will not be permitted to publicly or privately address the Board regarding a
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Agenda Item NO.1 OE
June 10, 2008
Page 12 of 34
prospective purchase prior to the time of award unless requested to do so by the
Purchasing Director or by a majority vote of the Board.
VII. PROCUREMENT OF PROFESSIONAL SERVICES
A. Because differences in price may only be a minor concern compared to qualitative
considerations, professional services may be exempted by the Purchasing Director
from the competitive bidding process. Instead, professional services will be
typically acquired through one of the following methods:
1. Competitive Selection and Negotiation.
2. Competitive Proposals (pursuant to Section VIII).
B. A professional service shall be defined as assistance obtained in support of County
operations from an independent contractor in one or more of the following
professional fields:
1. Appraisal Services - real and personal property appraisers.
2. Architecture, professional engineering, landscape architecture, or registered
land surveying services (as per Section 287.055, F.S.).
3. Audit and Accounting Services - auditors and accountants (excepting the
selection of the annual auditor which shall be conducted as per Section 11.45,
F.S.).
4. Consultants - planning, management, technological or scientific advisors.
5. Financial Services - bond counsel, rating and underwriting, financial advisor,
and investment services.
6. Legal Services - attorneys and legal professionals.
7. Medical Services - medicine, psychiatry, dental, hospital, and other health
professionals.
C. Requests exclusively for services defined under VII.B.2 will be procured in a
manner consistent with Section 287.055, F.S., known as "The Consultant's
Competitive Negotiation Act" as required by said statute. Projects may include, but
are not strictly limited to one or more of the following:
1. Fixed assianment contracts: A grouping of minor professional service
(including construction inspection services) assignments.
2. Fixed term contracts: Countywide agreements for various and miscellaneous
minor professional services (including construction inspection services) on an
as needed basis.
3. General Professional Services: Includes administration, support and
management of engineering, architectural, surveying and planning activities.
The Director shall be authorized to approve all work orders where the maximum
initial dollar amount does not exceed two hundred thousand dollars ($200,000) and
where the maximum initial contract amount does not exceed seven hundred fifty
thousand dollars ($750,000). Any work order and/or contract that exceeds that
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Agenda Item No. 10E
June 10, 2008
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amount subsequent to award and prior to completion of the work shall be subject to
the provisions of Section XV.C of this resolution. Projects shall not be sub-divided
to circumvent the dollar thresholds established herein.
All fixed term agreements issued under this section shall be eligible for extension
or renewal in accordance with the provisions of Sections XV.D and E respectively.
D. For all service procurements in excess of the formal competitive threshold under
the Competitive Selection and Negotiation method, authority to announce and
distribute Requests for Proposals or Letters of Interest and Qualifications and to
appoint and empower a selection committee shall be pursuant to Section VIII.B.
hereof.
E. Final selection of the professional service provider (award of contract) shall be
made by the Board of County Commissioners.
F. Purchases for all professional services estimated to be equal to or less than the
formal competitive threshold may be approved by the Purchasing Director, as
permitted by law.
G. Requests for outside legal services will be referred to the County Manager and the
County Attorney for review and comment as to whether said services are
necessary and/or appropriate. Requests for outside legal services may be
exempted from formal competition by the Board of County Commissioners at the
request of the County Manager or County Attorney.
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H.
The acquisition of services from experts or consultants for purposes of preparing
for or defending against imminent or pending litigation or administrative
proceedings shall be exempt from all competitive requirements of this policy. Any
such acquisitions that do not exceed $50,000 may be approved by the County
Attorney and the Purchasing Department, but will be reported at a regular meeting
of the Board for ratification.
VIII. COMPETITIVE PROPOSALS
A. The Competitive Proposals process is a method of contract selection that may be
utilized by the Purchasing Director under circumstances where one or more of the
following conditions exist:
1. Where qualitative considerations are of equal or greater concern than pricing
considerations.
2. Where the conditions of the purchase do not lend themselves to the formal
sealed bid process or the award of a firm, fixed fee contract.
3. Where the County is incapable of specifically defining the scope of work for
which the commodity(s) or service(s) is required and where the qualified offer
is asked to propose a commodity(s) or service(s) to meet the needs of the
County.
4. Where the County desires to enter into a single contract for the design and
construction of a public construction project(s).
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B.
For purchases in excess of the formal competitive threshold and where appropriate
or required by law, the competitive proposals process will be utilized. The process
will be conducted in a manner similar to the sealed bid process as set forth under
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June 10, 2008
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Section VI except where otherwise stated in this section. The competitive
proposals process shall proceed as follows:
1. A Request for Proposals (RFP) will be prepared and distributed in a manner
consistent with the definition of said term found in Section 2 of Collier County
Ordinance No. 87-25. Notice of said request(s) shall be publicly posted by the
Purchasing Department at least 21 calendar days preceding the last day
established for the receipt of proposals.
2. Each Request for Proposals shall identify the appropriate evaluation
procedures and criteria to be applied to the selection of the best proposal
among the respondents. Each RFP pertaining to the award of a design/build
contract(s) shall be subject to the requirements of Section 287.055 F.S.
3. Prior to the announcement and distribution of the RFP, a selection committee
shall be appointed by the County Manager to evaluate the proposals received.
For all purchases made under the Competitive Proposals method, the County
Manager may empower the selection committee to designate and rank the
proposals prior to the commencement of negotiations and to negotiate a
tentative agreement, subject to award by the Board.
4. Proposals may be solicited and/or received in one or more steps as permitted
by law and deemed appropriate by the Purchasing Director. Unless otherwise
prohibited by law. the Purchasing Director shall have the discretion to solicit
and conduct simultaneous or concurrent negotiations with one or more firms.
C. For purchases in excess of the formal competitive threshold. final selection of the
awardee will be made by the Board of County Commissioners.
D. Purchases less than or equal to the formal competitive threshold may be
authorized by the Purchasing Director, as permitted by law and shall not require
formal solicitation or announcement unless deemed necessary by the Purchasing
Director.
IX. PROCUREMENT OF DESIGN/BUILD CONTRACTS
A. Procurements for the design and construction of public construction projects may
be obtained through a single contract with a firm selected in a manner permitted
under Section 287.055, F.S. and the procedures set forth in this section.
B. Upon completion of the Design Criteria Package. procurements of Design/Build
services shall be processed in a manner consistent with Section VIII hereof entitled
"Competitive Proposals".
C. Administrative procedures shall be established by the County Manager or his
designee for utilization of the design criteria professional concerning the evaluation
of the proposals submitted by the design/build firms, the supervision or the
approval by the County of the work drawings of the project and evaluation of the
project construction with the design criteria package.
D. The Board of County Commissioners may declare a public emergency, where
appropriate and authorize the using agency to negotiate an agreement for Board
approval with the best qualified design-build firm available at that time.
X. Small and Disadvantaqed Minoritvand Women Business Enterorises
9
Agenda Item NO.1 OE
June 10, 2008
Page 15 of 34
A. Policv Statement: Collier County stands committed to providing equal opportunities
to small businesses and disadvantaged business enterprises (DBE), minority
business enterprises (MBEs) and women enterprises (WBEs) as well as to all
vendors, consultants, contractors and subcontractors who seek to do business with
the County.
Pursuant to this policy, Collier County will require its vendors, consultants,
contractors and subcontractors to provide qualified small businesses and DBE's
with an equal opportunity to participate in the formal competitive processes for the
procurement of commodities and services by the County.
The Policy is not intended to require or to allow partiality toward or discrimination
against any small business or DBE, MBE, WBE, or any other vendor, consultant,
contractor or subcontractor on the basis of gender, race or national origin, or other
such factors, but rather to help ensure that small businesses and DBEs, MBEs,
WBEs, and all qualified vendors, consultants, contractors and subcontractors have
an equal opportunity to participate in the County's formal competitive processes.
Nothing in this Policy shall be construed to provide for or require any preference or
set-aside based on gender, race, national origin or any other such factor.
B.
Definitions: For purposes of this policy, the term "small business" shall have the
same definition as set forth under Section 288.703.(1), F.S.
.~~\
The term "DBE" shall include any "small business" as defined pursuant to Section
288. 703( 1) that is at least 51 percent owned or controlled by a person or persons
defined as "socially and economically disadvantaged" individuals pursuant to
Section 14-78.602(18), FAC.
Reference to these definitions, however, shall in no way be construed to provide
that the County has adopted or is subject to the provisions of the Statute or Code
referenced herein.
C. Imolementinq Measures: In an effort to implement this policy, the County may
undertake the following measures:
1. Designate the Purchasing Director to administer this policy.
2. Utilize outreach programs to identify, register and educate small businesses
and DBEs, MBEs and WBEs to participate in the procuremenUcontract process
including, but not limited to:
a. Attending trade fairs which include representatives from these enterprises.
b. Attending meetings and social events wherein these enterprises.
c. Utilizing publications aimed at reaching these enterprises.
d. Utilizing directories and other reference sources that list these enterprises.
e. Publicizing this Policy to encourage these enterprises to participate in the
County's procurement process.
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I
f. Other actions designed to identify these enterprises who seek to provide
commodities and services to the County.
3. Maintain a list of these enterprises.
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Agenda Item NO.1 OE
June 10, 2008
Page 16 of 34
4. Disseminate information regarding competitive opportunities with the County in
order to allow qualified small businesses and DBEs, MBEs and WBEs to
participate in the County's procurement process.
D. Conformitv with Applicable Law: The provisions of this section shall be construed in
conformity with applicable state and federal law. To the extent that state law
conflicts with federal law, federal law shall supersede such state law.
XI. Procedure to Provide Preference to Local Businesses in Countv Contracts. Except
where otherwise provided by federal or state law or other funding source restrictions or as
otherwise set forth in the purchasing policy, purchases of commodities and services ~
~eReral serlises, er ~releGsieRal Gep,ises YRaer the Proe~remeRt Ce8e shall give preference to
local businesses in the following manner:
(1) "Local Business" defined (.'\~~lieal3le to this ~eGtien XI enly.)
(a) Gener-a! &81';;8e& maaRG SY~~srt sorviees ~erferme8 l3y aR iR8e~eR88Rt s8RtraGtsr
re~YiriR~ s~esiali2e8 kRe'...lea~s, sx~srieRse, er ex~srtiss that iASIYsss, BYt is Aet limitos
te, ~est sORtrol. janitarial, laynsry, satoriA~, sesyrily, lawR maiAtoAan88 oA8 maintoAaAGe
ef e~Yi~fRenl.
(13) Ceeris iAslyse, l3yt are Rot lifRitos Ie, sY~~lies, 8~Yi~meAt, matsrials aRS ~riAtos
FRalleh
Local business means the vendor has a valid occupational license issued by Collier County
at least one year prior to bid or proposal submission to do business within Collier County that
authorizes the business to provide the commodities or ~ services or sSAstryetisR to be
purchased, and a physical business address located within the limits of Collier County from
which the vendor operates or performs business. Post Office Boxes are not verifiable and
shall not by used for the purpose of establishing said physical address. In addition to the
foregoing, a vendor shall not be considered a "local business" unless it contributes to the
economic development and well-being of Collier County in a verifiable and measurable way.
This may include, but not be limited to, the retention and expansion of employment
opportunities, the support and increase to the County's tax base, and residency of employees
and principals of the business within Collier County. Vendors shall affirm in writing their
compliance with the foregoing at the time of submitting their bid or proposal to be eligible for
consideration as a "local business" under this section. A vendor who misrepresents the Local
Preference status of its firm in a proposal or bid submitted to the County will lose the privilege
to claim Local Preference status for a period of up to one year.
fG1 (pr-efessisAa! so.".-iGG& inelysse aRY servicos whero the CeYRly ie sBtainiR!:j as'.'i8s,
iRSlrYGtion, or s~eeializas '/Jerk Irom aA insi\'iGyal, lirfR, er eor~oratieR s~eeifically
~Yalifies in a ~artiGylar area. Prolossienal sorlicos se net iRGlyde tReso sorviees
proeYr9s ~YrGYant to ~oGtien 2g7.g~~, "Iorisa Statytos.
(2) Preference in purchase of commodities and services f3e.<SSA3! WBf3efly, fleRer-a1 sel'/Iees,
p.r:efeSS!QR8.1 se'" ';861'5, t~e f9I::1Fs/qase sf gO" SeJRtr::wt {G.... SGRSt.'=l:Jst!0R Q." .-:eRG"afeR Qf fJI:lB.'.'S '::e,o:ff.s G."
irFlf"<e'/eme,qts, aAri II'! the f3urGhSlse of fJe"-SSI'!3! fJ"-flI"sFty, flener-a! se.""IGes a." p<efessIGma!
se" ';Ges by means of competitive bid. request for proposals, qualifications or other submittals and
competitive negotiation and selection. Under any such applicable solicitation. bidders/proposers
desiring to receive local preference will be invited and required to affirmatively state and provide
documentation as set forth in the solicitation In support of their status as a local business. Any
bidderiproposer who fails to submit sufficient documentation with their bidiproposal offer shall not
be granted local preference consideration for the purposes of that specific contract award. Except
where federal or state law, or any other funding source. mandates to the contrary, Collier County
11
Agenda Item NO.1 OE
June 10, 2008
Page 17 of 34
and its agencies and instrumentalities, will give preference to local businesses in the following
manner:
(a) Competitive bid (BAFO). Each formal competitive bid solicitation shall clearly
identify how the price order of the bids received will be evaluated and determined. When
a qualified and responsive, rocponoible non-local business submits the lowest price bid,
and the bid submitted by one or more qualified and responsive, roc~eA8iblo local
businesses is within ten percent of the price submitted by the non-local business, then
that non-local business and each of the aforementioned local businesses shall have the
opportunity to submit, a best and final bid offer (or BAFO) equal to or lower than the
amount of the low bid previously submitted by the non-local business. Contract award
shall be made to the qualified and responsive, rg8~Onei819 business submitting the lowest
best and final offer l>iG. In the case of a tie in the best and final offers between a local
business and a non-local business, ties shall first be broken in accordance with Section
287.087 F.S. If two or more of the tied bidders meet the requirements of Section 287.087,
F.S. the contract award shall be made to the local business. In the case of a tie between
two (2) or more local businesses where each meets the requirements of Section 287.087,
F.S., then contract award shall be made to such local business having the greatest
percentage of its employees that are Collier County residents. In that instance, the
Purchasing Department will be authorized to obtain appropriate supporting
documentation from the tied vendors in order to determine which has the most
employees residing in Collier County.
-OR-
~
!
(a) Competitive bid (local price match option). Each formal competitive bid solicitation
shall clearly identify how the price order of the bids received will be evaluated and
determined. When a qualified and responsive, non-local business submits the lowest
price bid, and the bid submitted by one or more qualified and responsive, rGcponeiblo
local businesses is within ten percent of the price submitted by the non-local business,
then the local business with the apparent lowest bid offer (i.e.; the lowest local bidder)
shall have the opportunity to submit, an offer to match the pnce(s) offered by the overall
lowest, qualified and responsive bidder. In such instances, staff shall first verify if the
lowest non-local bidder and the lowest local bidder are In fact qualified and responsive
bidders. Next, the Purchasing Department shall determine if the lowest local bidder
meets the requirements of Section 287.087 F.S. If the lowest local bidder meets the
requirements of 287.087. FS., the Purchasing Department shall invite the lowest local
bidder to submit a matching offer to the Purchasing Department which shall be submitted
to the Purchasing Department within five (5) business days thereafter. If the lowest local
bidder submits an offer that fully matches the lowest bid from the lowest non-local bidder
tendered previously, then award shall be made to the local bidder. If the lowest local
bidder declines or is unable to match the lowest non local bid price(s), than award will be
made to the lowest overall qualified and responsive bidder. If the lowest local bidder does
not meet the requirement of Section 287.087 F.S. and the lowest non-local bidder does,
award will be made to the bidder that meets the requirements of the reference state law.
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(b) Request for proposals, qualifications or other submittals and competitive negotiation
and selection. For all purchases of commodities and services procured through the
Competitive Proposals (Section VI) or Competitive Selection and Negotiation (Section
VIII) methods not otherwise exempt from this local preference section, the RFP
solicitation shall include a weighted criterion for local preference that equals 10 percent of
the total points in the evaluation criteria published in the solicitation. If, foll"win~ ths
com~lotieR sf final ranl{ln~c (lecAAiGal anEl ~rice com8lReEl, if a~~iica8Ie) 8Y tAe Eelostisn
committee, a Ren I0Q31 8"81ReC8 iE the hi~AeGt ",nlmEl ~fG~OESr, ami tho raRkiR~ sl a
12
Agenda Item NO.1 DE
June 10, 2008
Page 18 of 34
leGal ~re~eser is within ten ~ereeAt of the raAI(iA~ eetainos Ill' the AeR lesal ~rs~eser,
lhen the hi~hest raRkes lesal ~re~eser shall have the e~~er-l~Aity te ~reeees te
Ae~etialioAs with the CeHAly HAser the a~~licaele sectieRs sf this Cese. Purchases of
professional services as defined and identified under subsection VII.B.2 (which are
subject to Section 287.055, F.S) and subsection VII.B.3 (which are subject to Section
11.45, F.S.) shall not be subject to this local preference section.
(s) "'ilh rm;~est te a"eSestisRs (a) aRs (e) aeeve, if a lie ess~rs eetweeA I've (2) er
""ere leeal e~siAeSSeG, theR ceAlr-act aVJars en Ihe Ilasis ef Iloot Gns final oltoro Iliss
(~ara~ra~h (a) alleve), er Ihe e~~ert~Aity Ie ~recses te Re~elialieAs (~ara~ra~h (e)
alleve), shall ee ""ase te s~sh lesal e~sinesG haviA~ IhG ~reatect ~erGeAlaEle ef its
e",,~loyees that are Cellier CO~Aty resiseAtc.
(3) Waiver of the application of local preference. The application of Local Preference to a
particular purchase or contract for which the Board of County Commissioners is the awarding
authority may be waived upon approval of the Board of County Commissioners.
(4) Comparison of qualifications. The preferences established herein in no way prohibit the right
of the Board of County Commissioners to compare quality of materials proposed for purchase
and compare qualifications, character, responsibility and fitness of all persons, firms or
corporations submitting bids or proposals. Further. the preferences established herein in no way
prohibit the right of the County Commission from giving any other preference permitted by law
instead of the preferences granted herein.
(5) Reciprocity. In the event Lee County, or any other Fiorida county or municipality ("local
government") deemed appropriate by the Collier County Board of Commissioners, extends
preferences to local businesses, Collier County may enter into an interlocal agreement with such
local government wherein the preferences of this section may be extended and made available to
vendors that have a valid occupational license issued by that specific local government to do
business in that local government that authorizes the vendor to provide the commodities !J'**ls,
and services, er ceAslr"ctieA to be purchased, and a physical business address located within the
limits of that local government. Post Office Boxes are not venfiable and shall not be used for the
purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be
considered a "local business" unless it contributes to the economic development and well-being
of the said local government whichever is applicable, in a verifiable and measurable way. This
may include, but not be limited to, the retention and expansion of employment opportunities, the
support and increase to that local government's tax base, and residency of employees and
principals of the business 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. In no event shall the amount of the preference accorded
other local governrnent firms exceed the amount of preference that such local government
extends to Collier County firms competing for its contracts.
(6) 'mp'e",eqkJt;eR BY ceR-3fR Ce"Rt)' 3genc;es. Cellier Ce~nty a~eAsies aAs inctruR'leAlalities
with tho indopondent ~ewor te seAlrast shall aso~t r~les GAS ~reces~res iR'l~leR'lentin~ this
SoctiOR. Fer the ~Hr~ooes of ouch rulos aAd ~r06esuroc, where this sectieA ~re...ises tha Beard of
Ceunty CeR'lfRissieners with ifR~le""onting autherily, tho BOGrs of tho a~eRcy or inGtr"fRontality
shall 9lmrcise wch outherity, ans where this seGlieR ~ro\'ises tho CQURty Man3~er with 3uthority,
the IOx86"tivo Director of the a~eRcy or iAstwffioRtality sholl oxorci6e s"ch 3uthority.
(6) Purview and administration of this policy. This poiicy shall apply to all departments and units
under the direct purview of the Board of County Commissioners. The Purchasing Department
shall be responsible for developing, implementing and maintaining administrative procedures in
support of this policy.
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Agenda Item No. 10E
June 10, 2008
Page 19 of 34
(7) Subsequent Review and Sunset Provision. Pursuant to the adopting resolution, this local
preference section is being added to the purchasing policy in support of the local economy during
difficult economic times in Collier County. On or about one year of the effective date, the
Purchasing Department will provide the Board with an update of the results and impacts to date
of this local preference policy. Within two years of the effective date, the Board shall receive a
similar report from the Purchasing Department and shall determine whether to continue or modify
this policy. Should the Board not elect to continue the local preference policy, it will expire at that
time.
XII. PAYMENT OF INVOICES
A. It is the intent of the Board of County Commissioners that all agencies under its
purview be in compliance with Section 218.70 F.S., otherwise known as the "Local
Government Prompt Payment Act". Pursuant to this, the requirements of this
section shall apply to the following transactions:
1. The purchase of commodities and services;
2. The purchase or lease of personal property;
3. The lease of real property.
B.
The Purchasing Director shall have the authority to establish and maintain a
procedure that authorizes minor payment variances between the purchase order
and invoice where warranted. The authority to pay such variances shall not exceed
5% of the purchase order amount or $500, whichever is less.
~
C. Additionally, the Purchasing Director shall be permitted to establish and maintain a
procedure that authorizes the payment of freight and delivery charges that are not
specifically identified on the purchase order.
D. It shall be the responsibility of the Purchasing Director, in consultation with the
Finance Director and using agencies, to establish, distribute and administer
procedures for the timely payment of all transactions as defined under XI.A hereof.
Such procedures shall include, but not be limited to the following:
1. Formally defining the County's requirements for the content and submission of
a proper invoice, codifying the County's payment requirements and formally
notifying each vendor of their availability.
2. Steps required for the receipt of all invoices and the prompt return of improper
invoices.
3. Steps required for the resolution of payment disputes between the County and
a vendor.
E. Each December, the Finance Director and the Purchasing Director shall submit a
joint report to the Board listing the number and total dollar amount of interest
penalty payments made during the preceding fiscal year.
XIII.
PAYMENT OF DUES FOR MEMBERSHIP IN PROFESSIONAL ORGANIZATIONS
('
County funds may be used to pay for dues for membership in a professional or other
organization provided that such expenditure meets the following criteria:
14
Agenda Item NO.1 OE
June 10. 2008
Page 20 of 34
1. Such membership is deemed necessary to meet duties and responsibilities
required by Federal, State or local mandate or to facilitate proper professional
development.
2. The organization of membership is of a non-profit nature.
3. Sufficient funds are available within the proper appropriation uniUsummary code.
XIV. STANDARDIZATION. COOPERATIVE PURCHASING AND GOVERNMENTAL
CONTRACTS
A. Where standardization is determined to be desirable by the Director, the purchase
of commodities may be made by negotiation with the approval of the Board of
County Commissioners if more than the competitive bid limit or by the County
Purchasing/General Services Director if less than or equal to the competitive bid or
negotiation threshold.
B. The Director shall have the authority to approve purchases under State of Florida
and Federal GSA cooperative contracts. The Director shall also be authorized to
join with other units of government in cooperative purchasing ventures prior or
subsequent to award when in the best interests of the County. If funds have
already been budgeted, no further Board action will be required. In authorizing all
such purchases under pre-existing agreements, the Director shall have determined
that the term and conditions of the purchase are competitive in the market and
favorable to the County.
XV. CONTRACT ADMINISTRATION
A. Contract Document: Every procurement of contractual services or commodities
shall be evidenced by a written document containing all provisions and conditions
of the procurement. Said document shall include, but not be limited to:
1. A listing of the scope of services to be performed or commodities to be
purchased.
2. A provision specifying the criteria and the final date by which such criteria must
be met for completion of the contract.
3. A provision specifying the terms of cancellation by the County and where
applicable, a provision specifying the terms of renewal.
4. Where applicable, a provision establishing the appropriate types and levels of
insurance to be carried by the vendor. Said provision shall be employed in a
manner consistent with minimum insurance standards approved by the Board
of County Commissioners.
5. Where applicable, pursuant to Section 287.133 F.S., a provision requiring the
contractor/vendor to inform the County if he/she has been convicted of a public
entity crime subsequent to July 1, 1989.
A purchase order that embodies these provisions shall be sufficient documentation
of the procurement. The Purchasing Director shall have the discretion to determine
the circumstances under which a purchase order (and all documents included by
reference) shall serve as the contract document.
15
Agenda Item NO.1 OE
June 10, 2008
Page 21 of 34
B. Contract Manaqer: Every procurement of services shall be administered by the
using agency (requesting department).
C. Contract Chanqes: Notices issued under a purchase or contract may be
authorized and executed by the Purchasing/General Services Director, excepting
notices that terminate a Board-approved purchase or contract in its entirety.
Modifications to a Board approved purchase or contract, including but not limited to
change orders, supplemental agreements, amendments and changes by letter may
be authorized and executed by the Purchasing/General Services Director provided
that the change (or the sum of the changes) amounts to not more than the greater
of (i) 10 percent of the current Board approved amount. or (ii) $10,000.
The proviso at the end of the previous paragraph shall not be applicable to term
contracts or blanket purchase orders where the County desires to procure
commodities and/or services on an as needed basis without having to obligate
itself to a total contract amount. Rather, such purchases shall be based on fixed
unit prices or other predetermined pricing methods and shall be limited in quantity
by the amount of funds appropriated in the budget of the using agency(ies). Such
purchases shall be subject to all other provisions of this policy.
~
Notices that terminate an entire purchase or contract that was Board approved,
and contract modifications that increase the total contract amount beyond the limits
set forth above as applicable, shall require the approval of the Board of County
Commissioners or as otherwise provided for in this policy. The Board shall have
broad authority, within the limits of the law, to evaluate and approve any
recommended contract modification without requiring further competition. All
deductive changes pertaining to the use of direct material purchases, including
those that reduce the contract amount by more than ten percent below the current
Board approved contract amount shall be reported to the Board monthly as part of
the monthly contract changes report and shall not require prior Board approval.
D. Contract Extension: Extension(s) of a Board-approved contract for commodities or
services may be requested by the contract manager to the Purchasing/General
Services Director in writing for a period not to exceed six (6) months (cumulatively)
and shall be subject to the same terms and conditions set forth in the initial contract.
The Purchasing/General Services Director shall have the authority to authorize and
execute all such extensions. Any extension(s) that exceed six months
(cumulatively) shall be approved by the Board of County Commissioners.
Extensions of contracts that do not (inclusive of the extension) exceed the formal
competitive threshold may be authorized and executed by the Purchasing/General
Services Director without Board action.
E. Contract Renewal: The Purchasing/General Services Director shall have the
authority to authorize and execute renewals of contracts for commodities and/or
services subject to the following conditions:
1. That the Contractor has performed in a satisfactory manner and that the
Director has received a request to renew from the Contract Manager verifying
the Contractor's satisfactory performance.
2. That the agreement is renewed subject to the terms and conditions set forth in
the initial contract. Costs and terms of any contemplated renewals are included
in the invitation to bid or request for proposals.
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16
Agenda Item NO.1 OE
June 10, 2008
Page 22 of 34
3. That the renewal is done on an annual basis, commencing at the end of the
initial contract period. Any such contracts shall not be renewed for more than 3
years unless competitively procured.
Proposed renewals that fail to meet one or more of the conditions set forth herein
will require the approval of the Board of County Commissioners.
F. Contract Approval: All formal, bilateral contracts for commodities and services in
excess of the formal, competitive threshold shall be authorized by the Board of
County Commissioners. Such agreements for purchases less than or equal to the
formal, competitive threshold may be authorized and executed by the Purchasing
Director, subject to the review and approval for legal sufficiency by the Office of the
County Attorney.
G. Work Orders (Not Under CCNA): The Purchasing/General Services Director may
authorize and execute any work order if the work order is equal to or below such
Board approval parameters for work orders as are set forth in either the Board
approved term contract for services under which the work order is generated, the
solicitation document (s) that resulted in the contract or the Executive Summary
that pertains to the contract.
Modifications to a work order may be authorized and executed by the
Purchasing/General Services Director, provided that the work order, as modified,
does not exceed $100.000 or if it does, the change (or sum of the changes) does
not exceed 10% of the current Board approved amount.
The above provisions of the Section G shall not apply to work orders, or
modifications to work orders. governed by Section VII.C above.
H. Consent to Assiqnments of Contract: For all contracts which exceed the formal
competitive threshold. the Board of County Commissioners shall approve all
assignments of contracts requested by the predecessor contracting party. For
such requests for agreements below the formal competitive threshold, the
Purchasing/General Services Director shall have the authority to approve
assignments on behalf of the agency.
I. Authoritv Limitation and Deleqation: Promulqation of Procedures:
The Purchasing/General Services Director may delegate to one or more other
Board employees any or all aspects of the authority vested in the
Purchasing/General Services Director to authorize and/or execute contracts or
contract-related documents pursuant to Section VII.C above and Sections C
through G of this Article XV or otherwise under law.
All authority to authorize and execute documents that is vested pursuant to this
Article XV in the Purchasing/General Services Director or any other person shall be
subject to the limits of any applicable federal, state or other law.
The Purchasing Department shall be responsible for establishing and maintaining
administrative procedures that set forth any delegations of authority made pursuant
to the foregoing provisions of this Section I, that set forth formal processes for each
of the instruments referenced in this Article XV, and that are in all respects subject
to the provisions of this Article XV.
These procedures shall also set forth generalized requirements for (i) such pre-
execution reviews of documents by the Office of the County Attorney and (ii) pre-
17
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XVI.
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Agenda Item No.1 OE
June 10, 2008
Page 23 of 34
execution reviews of documents by such other departments, if any, as the
Purchasing/General Services Director determines to be appropriate and advisable.
J. Pavments to Contractors. Vendors and Consultants
Prior to the execution of a formal contract subject to this policy, the Purchasing
Department shall have the discretion to establish a formal payment schedule and
payment terms within the agreement. Such terms and conditions shall be
consistent with the requirements of all applicable laws and the formal solicitation
documents.
In accordance with Section 218.735 (8), F.S., the Purchasing Director shall
establish procedures to reduce to 5% the amount of retainage withheld from each
subsequent progress payment issued to a contractor where applicable. The
Purchasing Director, or his designee, shall have the discretion to establish, in
writing, a schedule(s) to further reduce the percentage of cumulative retainage held
throughout the course of the project schedule where warranted. The discretion of
the project manager to reduce the percentage of cumulative retainage shall be
subject to the following:
1. That the term "cumulative retainage" is defined to mean "the dollar total of the
funds retained from all payments issued under the contract divided by the
gross dollar total of all monthly pay requests (or the total of all payment
amounts deemed allowable by the project manager, whichever is less)".
2. That any decision to reduce retainage shall be formally communicated in a
letter to the Contractor's appropriate representative and that the letter
affirmatively states that the Contractor has performed the contract work in a
satisfactory manner.
3. That the cumulative retainage not be adjusted until at least 50% of the work
has been completed and payment has been issued.
4. That the Purchasing Director's letter expressly sets forth the percentage of
cumulative retainage to be held for the remaining pay requests.
The Purchasing Director's designee shall also be granted the discretion to authorize
the partial release or payment of contract retainage to the contractor prior to final
completion of all project work provided that:
1. The contractor has performed in a satisfactory manner to date.
2. The total aggregate work under the agreement is at least 50% completed and
accepted (i.e.; payments equaling at least 50% of the contract amount less
retainage have been issued)
3. The retainage dollar amount to be released is based upon and consistent with
the prevailing percentage of cumulative retainage being held at the time that
the retainage is released.
PERFORMANCE AND PAYMENT BONDS
A contractor or vendor shall provide a surety bond from a surety company to guarantee
full and faithful performance of a contract obligation and the payment of labor and
material expended pursuant to a contract whenever, and in such amounts, as required by
statute or otherwise as deemed necessary by the Purchasing Director. An irrevocable
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Agenda Item NO.1 OE
June 10, 2008
Page 24 of 34
letter of credit from a financial institution operating within the State of Florida (or other
alternative forms of surety as permitted under Florida law) may be sufficient in place of
the performance bond if so provided for in the bid and contract documents. All such
bonds or letters of credit shall be approved as to form by the County Attorney.
XVII. UNAUTHORIZED PURCHASES
No County officer or employee shall intentionally order, other than by purchasing card as
permitted under this policy, the purchase of any commodities or services, or make any
contract within the purview of this policy other than through the Purchasing Director. Any
purchase order or contract made contrary to the provisions hereof shall not necessarily
be approved and the County shall not be bound thereby. All purchases made within the
provisions of this Policy shall be made with a purchase order or purchasing card,
whichever is appropriate.
In the event that a purchase transaction is found to be in violation of this policy, the
Purchasing Director shall determine the facts pertaining to the transaction. In consultation
with the appropriate operating department director, the Purchasing Director shall
determine whether it is in the best interests of the County to proceed with the purchase
and if so, under what conditions. If a determination is made to proceed with the purchase,
all such transactions in excess of the formal competitive threshold (or other applicable
Board authorization thresholds set forth in this policy) shall require the approval of the
Board. All such transactions equal to or less than the formal competitive threshold may
be approved by the Purchasing Director.
A. Exceptions: This section shall not apply to the payment of premiums for insurance
policies that have been acquired through prior Board action. This section shall not
apply to nor supersede Resolution Nos. 86-30, 86-209 and 87-16.
XVIII. PROHIBITION AGAINST SUBDIVISION
No contract or purchase shall be subdivided to avoid the requirements of this Policy.
XIX. PROTEST OF BID OR PROPOSAL AWARD
The purpose of this section is to accommodate legitimate protests concerning formal
competitive invitations and recommended contract awards above the competitive bid or
proposal thresholds prior to award of contract by the Board of County Commissioners.
A. Any actual or prospective bidder or respondent to an Invitation for Bids or a
Request for Proposals, who alleges to be aggrieved in connection with the
solicitation or award of a contract, (hereafter referred to as "the protesting party")
may protest to the Purchasing Director, who shall serve as the sole recipient of any
and all notices of intent to protest and all formal protests.
B. All formal protests with respect to an Invitation for Bids or a Request for Proposals
shall be submitted to the Purchasing Director in writing not less than four hours
prior to the opening of bids or the closing time for acceptance of proposals. The
Purchasing Director, in consultation with the contract manager (and other
appropriate County staff), shall have the authority to address all such protests
received under subsection B and to determine whether postponement of the bid
opening or proposal closing time is appropriate. The Purchasing Director's decision
shall be considered final and conclusive unless the protesting party files a
subsequent formal protest of the recommended contract award as described under
this section.
C. Any actual or prospective bidder or respondent to an invitation for bids or a
Request for Proposals who desires to formally protest a recommended contract
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Agenda Item NO.1 OE
June 10, 2008
Page 25 of 34
award shall submit a notice of intent to protest to the Purchasing Director within two
(2) calendar days, excluding weekends and County holidays, from the date of the
initial posting of the recommended award.
D. All formal protests with respect to a recommended contract award shall be
submitted in writing to the Purchasing Director for a decision. Said protests shall
be submitted within five (5) calendar days, excluding weekends and County
holidays, from the date that the notice of intent to protest is received by the
Purchasing Director.
The formal protest shall contain, but not be limited to the following information:
1. Name and address of County agency affected and the bid number and title.
2. The name and address of the protesting party.
3. A statement of disputed issues of material fact. If there are no disputed
material facts, the written letter must so indicate.
4. A concise statement of the ultimate facts alleged and of any relevant rules,
regulations, statutes, and constitutional provisions entitling the protesting
party to relief.
5. A demand for the relief to which the protesting party deems himself entitled.
6. Such other information as the protesting party deems to be material to the
issue.
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E. In the event of a timely protest of contract award consistent with the requirements
of this section. the Purchasing Director shall not proceed further with the award of
the contract until all appropriate administrative remedies as delineated under this
section have been exhausted or until the Board of County Commissioners makes a
determination on the record that the award of a contract without delay is in the best
interests of the County. Neither the protesting party, their agents or their
representatives shall have any private contact or discussions with individual County
Commissioners or any independent hearing officer (where applicable) regarding
the protest prior to the protest being heard or reviewed by either of the
aforementioned unless requested to do so by the Purchasing Director.
F. The Purchasing Director shall review the merits of each timely protest and in
consultation with the contract manager and other appropriate County staff, issue a
decision stating the reasons for the decision and the protesting party's rights of
appeal under section XIX. Said decision shall be in writing and mailed or otherwise
furnished to the protesting party. The decision of the Purchasing Director shall be
final and conclusive unless the protesting party delivers a subsequent written
objection to the Purchasing Director within two (2) calendar days, excluding
weekends and County holidays from the date of receipt of the decision.
;-.
,
G. In the event of a subsequent objection pursuant to subsection F, the County
Manager shall have the discretion to appoint an independent hearing officer to
review the facts relevant to the protest. The appointed officer will have a maximum
of 60 days to schedule and conduct a hearing into the matter and issue a finding of
fact and a opinion in writing to the County Manager for submission to the Board of
County Commissioners. Prior to commencement of the hearing, the protesting
party shall be required to post a cash surety in an amount equal to one (1) percent
of the using agency's estimate of the contract amount or one-thousand dollars
($1,000). whichever is less. Should the Hearing Officer find in favor of the County,
the protesting party shall forfeit the surety as partial payment for undue delay.
Otherwise. the surety will be returned to the protesting party.
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Agenda Item NO.1 OE
June 10, 2008
Page 26 of 34
H. In the event that the protest cannot be resolved by mutual consent, the matter will
be referred to the Board of County Commissioners for final resolution.
I. Failure to file a formal protest within the time and manner prescribed by Section
XIX shall constitute a waiver of the right to protest by any protesting party as
defined by subsection A of this section.
XX. CONTRACT CLAIMS
All actual or prospective claims arising against the County from contractors, vendors or
any other party in direct privity with the County to provide commercial commodities or
services shall first be directly addressed by the parties' administrative representatives in
a manner consistent with the agreement between the parties and in accordance with the
County's Procurement Administrative Procedures Manual.
For any prospective or actual claims or disputes arising under any contract entered into
by the County, the Purchasing Director shall have the discretion to arbitrate or mediate
the claim or dispute or may appoint an independent third party to do so within the
authorization threshold limits of this policy.
XXI. EMERGENCY PURCHASES
A. Bv Countv Manaqer: In case of an emergency which requires immediate purchase
of commodities or services in excess of the formal competitive threshold, the
County Manager shall be empowered to authorize the Director to secure by open
market procedure as herein set forth, any commodities or services. The County
Manager shall have the authority to act in the case of any emergency including the
issuance of emergency change orders/supplemental agreements. Any emergency
action shall be reported at the first available regular or special meeting of the Board
of County Commissioners. The County Manager shall further be authorized to
approve payment(s) to vendors at the time of or shortly after purchase should the
circumstances warrant.
B. Bv Purchasinq Director: In case of any emergency which requires immediate
purchase of commodities or services equal to or less than the formal competitive
threshold, the Purchasing Director shall be empowered to secure such services
and commodities by open market procedure as herein set forth. Such action shall
be reported immediately to the County Manager when appropriate.
This section in no way constrains the provisions of Collier County Ordinance No. 84-37.
XXII. INSPECTION AND TESTING
The Director shall inspect, or supervise the inspection of, or cause to be inspected, all
deliveries of commodities 8u~~liG8 or services to determine their conformance with the
specifications set forth in an order or contract.
A. Inspection bv Usinq Aqencv: The Director shall have the authority to authorize
using agencies having the staff and facilities for adequate inspection to inspect all
deliveries made to such using agencies under rules and regulations which the
Director shall prescribe.
B. Testinq: The Director shall have the authority to require chemical and physical
tests of samples submitted with bids and samples of deliveries which are
necessary to determine their quality and conformance with specifications. In the
performance of such tests, the Director shall have the authority to make use of
laboratory facilities of any agency of the County or of any outside laboratory.
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Agenda Item No.1 OE
June 10, 2008
Page 27 of 34
XXIII.
SURPLUS aUPPLll<a COMMODITIES AND TANGIBLE PERSONAL PROPERTY
All using agencies shall submit to the Director, at such times and in such form as shall be
prescribed, reports showing stocks of all tangible personal property which are no longer
used or which have become obsolete, worn out or scrapped.
A. Transfer: The Director shall have the authority to transfer surplus stock to other
using agencies.
B. Sale: The Director shall have authority to sell all commodities s~~~lies of a value
less than the limits proscribed under Chapter 274 F.S., which have become
unsuitable for County use. Sales under this section shall be made to the highest
responsible bid and in conformance with Section, 274, F.S. The Director shall be
authorized to approve all sales where the net revenue to the County does not exceed
$50,000. All sales exceeding $50,000 in net revenue to the County will be approved
by the Board prior to completing the sale or conducting the sales event.
C. Trade In: The Director shall be authorized to approve purchases that include the
"trade in" of existing items (including assets) pursuant to the purchase of new,
replacement or upgraded items/services.
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D. Donation: Operating departments under the purview of the Board of County
Commissioners shall be authorized to accept items donated to the County. The
receipt of all items not considered to be assets as defined under Florida law is to be
documented by a letter from the operating department director to the donating entity.
Items considered to be assets are to be documented using the appropriate forms and
forwarded to the Fixed Assets Section of the Clerk of Courts Finance Division.
Documentation is to include, but not be limited to; the date the asset(s) was received;
the estimated fair market value of the asset(s); a description of the asset(s); a serial
number if applicable and the fund/cost center under which the asset(s) will be
assigned.
E. Disposition of Assets: The Director shall have the authority to determine whether
previously-acquired items (including assets) that are no longer useful to the agency
have commercial value and if not, to dispose of such items in an appropriate manner
with or without offering such items for sale, trade or donation to other entities. The
Fixed Assets Section of the Clerk of Courts' Finance Division will submitted a
quarterly report that identifies any assets that are disposed of under the provisions of
this subsection.
XXIV. PURCHASING CARD PROGRAM
The Director shall be responsible for the overall management and operation of the
County's purchasing card program. For the purpose of this policy, a purchasing card is a
credit card officially assigned to specific employees under the purview of the Board of
County Commissioners' agency for the purpose of transacting small and/or strategic
purchases. The Director shall be authorized to assign cards to employees for these
purchases. The Director shall have the authority to establish the following dollar limits for
each assigned card:
('
A. Sinqle Transaction Limit: Not to exceed $1,000 per card unless otherwise authorized
by the Director.
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Agenda Item NO.1 OE
June 10, 2008
Page 28 of 34
B. Monthlv SDendina Limit:
authorized by the
Not to exceed $10,000 per card unless otherwise
Director.
C. Strateaic Purchases: The Director may utilize (or delegate the authority to other
Purchasing Department staff to utilize) a purchasing card to place orders that exceed the
limits set forth under this section in instances where one or more of the following is true:
1. Where the purchase is to address a valid public emergency; or
2. Where the County will earn revenue through card program rebates; or
3. Where a vendor is requiring the County to order by purchasing card.
D. Sales Tax ComDliance: Pursuant to Section 212.08(6), F.S., County purchases
transacted with vendors within the State of Florida are exempt from the state sales
and use tax. In such instances, it is the responsibility of the cardholder to provide the
vendor with the appropriate tax exemption information when the card is presented to
the vendor. In the event that the cardholder refuses to grant the tax exemption when
the card is presented, the cardholder is authorized to allow the tax to be charged to
the card.
It is the position of the Board that it is not cost effective or in the public interest to
require a cardholder to seek a credit for sales tax collected when the total sale does
not exceed $300. In the event that the total sale exceeds $300, the cardholder's
department director (or their designee) is responsible to ensure the tax is returned to
the County for the purchase.
E. Rebates: All purchasing cards rebates will be credited to the general fund unless
otherwise specified by the Director.
In all such instances, the Director shall ensure that the purchase has been approved
subject to all other provisions of this policy. All fixed assets purchased using a
purchasing card shall be properly recorded and tracked through the Fixed Assets Section
of the Clerk of Courts Finance Division.
The language of this section is not intended to supersede the provisions of Collier County
Resolution 2006-49.
XXV. SEVERABILITY
XXVI.
XXVII.
If anyone or more of the provisions of this Policy should be held contrary to any provision
of law or contrary to express law, though not expressly prohibited, or against public
policy, or shall for any reason whatsoever be held invalid, then such provision(s) shall be
null and void and shall be deemed severable from the remaining provisions of this Policy
and in no way shall affect the validity of all other provisions of this Policy.
REPEAL PRIOR AND CONFLICTING
All resolutions and policies or parts of resolutions and policies, in conflict herewith, are
hereby repealed.
EFFECTIVE DATE
An official copy of this Policy shall be filed in the office of the Clerk to the Board of County
Commissioners immediately after enactment and this Policy shall take effect at that time.
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XXVIII.
XXIX,
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Agenda Item NO.1 OE
June 10, 2008
Page 29 of 34
CONFLICT OF INTEREST
When procuring commodities or services using County funds, each entity and employee
under the purview of the Board of County Commissioners shall comply with all applicable
state and federal laws concerning conflict of interest. For state or federal Community
Development Block Grant-funded projects, entities and employees shall comply with the
requirements of Part 85, Section 36(b)(3) of the Housing and Urban Development Code.
DEBARMENT AND SUSPENSION
The Board shall grant authority to County staff to suspend and/or debar vendors,
contractors, consultants and other interested and affected persons from active
participation in obtaining County contracts. The purpose of any such action shall be to
protect the County's interests and the integrity of the County's contracting process. The
suspension and debarment processes shall be considered to be separate from and in
addition to the award evaluation and vendor performance evaluation processes
authorized elsewhere in this policy.
A. Definition of Terms: For the purposes of this section, the following terms have been
defined as follows:
1. Affifiate refers to associated business entities or individuals that control or
could control the contractor or are controlled by the contractor or could be
controlled by the contractor.
2. Civil Judgment refers to a judgment or finding of a civil offense by any court of
competent jurisdiction.
3. Contractor means any individual or legal entity that:
a. Directly or indirectly (e.g.; through an affiliate), submits offers for or is
awarded, or reasonably may be expected to submit offers for or be
awarded, a County contract for construction of for procurement of
commodities and services, including professional services; or
b. Conducts business, or reasonably may be expected to conduct business,
with the County as an agent, surety, representative or subcontractor of
another contractor.
c. For the purposes of this section, the terms "vendor" and "consultant" shall
have the same meaning as "contractor" and the term "sub consultant" shall
have the same meaning as the term "subcontractor".
4. Conviction means a judgment or conviction of a criminal offense, felony or
misdemeanor, by any court of competent jurisdiction, whether entered upon a
verdict or a plea, and includes a conviction entered upon a plea of no 10
contendere.
5. Debarment means action taken by the County to exclude a contractor from
County contracting and County-approved subcontracting for a reasonable,
specified period as provided herein.
6. Preponderance of the Evidence means proof by information that, compared
with that opposing it, leads to the conclusion that the fact at issue is more
probably true than not.
7. Subcontractor: Any individual or legal entity that offers or agrees to provide
commodities or services to a party deemed to be a contractor under this
section.
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Agenda Item NO.1 DE
June 10. 2008
Page 30 of 34
8. Suspension refers to action taken by the Purchasing/General Services Director
(hereinafter referred to as "the PGS Director") to temporarily disqualify a
contractor from County contracting or County-approved subcontracting.
B. Suspension: The Purchasing/General Services Director shall have the authority to
suspend a contractor, subcontractor or person from consideration for award of
contracts if there appears to be a reasonable basis for debarment as set forth
under Section XXIX. If a suspension precedes a debarment, the suspension
period shall be considered in determining the debarment period. The suspension
period shall not exceed three months without the approval of the County Manager.
A decision to suspend by the Purchasing/General Services Director shall be
considered final and conclusive with no right of appeal.
C. Debarment:
1. Causes for Debarment: The prospective causes for debarment include one or
more of the following:
a. Conviction for commission of a criminal offense as an incident to obtaining
or attempting to obtain a public or private contract or subcontract, or in the
performance of such contract or subcontract.
b. Conviction under state or federal law of embezzlement, theft, forgery,
bribery, falsification or destruction of records, receiving stolen property, or
any other offense indicating a lack of business integrity or business
honesty which currently, seriously and directly affects responsibility as a
contractor.
c. Conviction under state or federal antitrust laws arising out of the
submission of bids, proposais or other competitive offers.
d. Violation(s) of county contract(s) provisions, which is (are) deemed to be
serious and to warrant debarment, including the failure, without good
cause, to perform in accordance with the terms, conditions. specifications,
scope, schedule or any other provisions of the contract(s).
e. Refusal to provide bonds, insurance or other required coverages and
certifications thereof within a reasonable time period.
f. Refusal to accept a purchase order, agreement or contract, or perform
accordingly provided such order was issued timely and in conformance
with the solicitation and offer received.
g. Presence of principals or corporate officers in the business of concern, who
were principals within another business at the time when the other
business was suspended or debarred within the last three years under the
provisions of this section.
h. Violation of the ethical standards set forth under applicable state or county
laws.
i. Debarment of the contractor by another public agency.
j. Any other cause deemed to be so serious and compelling as to materially
affect the qualifications or integrity of the contractor.
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Agenda Item NO.1 OE
June 10, 2008
Page 31 of 34
2. Debarment Procedure:
a. The county department requesting the debarment action shall submit to the
PGS Director a written complaint setting forth the reason(s) for seeking
debarment and shall identify a recommended debarment period.
b. The PGS Director shall review the complaint, verify whether it is compliant
with the provision of this policy, direct any appropriate changes and
forward the complaint to the contractor.
c. The contractor shall review the complaint and shall provide a written
response (with supporting documentation) to each allegation. The
response shall be provided to the PGS Director within 10 (ten) business
days of receipt of the allegations submittal. In the event that the contractor
fails to respond to the complaint within the prescribed time period, the
complaint, as forwarded to the contractor, shall become an effective
debarment decision without further appeal.
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d. In the event that the contractor files a timely and complete response to the
complaint and the debarment action is based upon a conviction, judgment
or other event( s) where there is no significant dispute over material facts,
the PGS Director shall determine the period of debarment on the basis of
the undisputed material information set forth or referenced in the complaint,
the contractor's reply and the parameters set forth in this section. In the
event that the Contractor objects to the PGS Director's decision, the
Contractor shall have a maximum of three business days to file an appeal
of the debarment decision with the PGS Director. The appeal will be
forwarded to and considered by the County Manager (or his designee),
who will review the debarment record compiled by the initiating department
and the contractor. Should the County Manager overturn the PGS
Director's decision; the County Manager shall formally cite the reasons for
doing so.
e. In the event that the contractor files a timely and complete reply to the
complaint and where the facts are in dispute, the Purchasing Department
will convene a debarment committee (hereinafter referred to as "the
committee") consisting of at least three individuals who will review the
complaint and the contractor's reply. The County Manager or his designee
shall formally appoint the committee, which will generally consist of county
employees, none of whom shall be a member of the department initiating
the complaint. At the discretion of the County Manager, a member from
private industry with a particular area of relevant expertise may be
appointed to the committee, provided that this member is not a direct or
indirect competitor of the firm in question. The Office of the County
Attorney shall appoint a representative to attend the hearing. The
representative shall not be considered a voting member of the committee,
but shall be available to provide legal counsel to the committee as
necessary. All members appointed to serve on the debarment committee
shall disclose, to the PGS Director, or his designee, any actual or
prospective conflicts of interest at the time of appointment or at the time in
which the member becomes aware of the actual or prospective conflict.
(
f. The PGS Director, or his designee, shall chair the committee and serve as
the Purchasing Department's representative to the committee. The
Purchasing representative shall preside over and facilitate the deliberations
of the committee as a non-voting member and serve as the County's
26
Aoenda Item NO.1 OE
- June 10, 2008
Page 32 of 34
liaison to the Contractor in the debarment process. All voting committee
members are prohibited from having any communication regarding the
debarment issue outside the committee deliberations with any of the
parties involved in the specific debarment or their representatives until after
the committee decision has been issued or, in the event of an appeal of
that decision by the Contractor, until the conclusion of the appeal process.
All committee deliberations are subject to Section 286.011 F.S.
g. Where the material facts are in dispute, the committee shall evaluate the
evidence, judge the credibility of witnesses and base its decision upon the
preponderance of the evidence. Should the contractor fail to appear at the
debarment hearing. the contractor shall be presumed to be unqualified and
or non-responsive and shall be subject to debarment. The committee
decision shall be by a majority vote of those voting members in attendance.
The committee shall be the sole trier of fact. In the event that the
committee decides to impose debarment, the debarment decision will
formally include, but not be strictly limited to the following information:
1) The specific reasons for the debarment;
2) The scope of the debarment; and
3) The period of debarment, including the effective and expiration dates.
The committee's decision shall be issued in writing within 20 business days
of the conclusion of the hearing unless the committee extends this period
for good cause.
h. The PGS Director shall forward the committee's decision to the contractor
and affiliates involved. Should the Contractor object to the committee's
decision, the Contractor shall have a maximum of three business days to
file an appeal of the debarment decision with the PGS Director. The
appeal will be forwarded to and considered by the County Manager (or his
designee), who will review the debarment record compiled by the initiating
department. the contractor and the committee. Should the County
Manager overturn the committee's decision; the County Manager shall
formally cite the reasons for doing so.
3. Debarment Period:
a. At its sole discretion, the committee shall determine the period of
debarment. The debarment period shall be commensurate with the
severity of the cause(s) and in no event shall be the debarment period
exceed five years without the approval of the Board.
b. At its sole discretion, the committee (having the same or different
composition) may reduce the debarment period upon a written
request from the contractor to do so, based on one or more of the
following reasons:
1. Newly discovered material evidence;
2. A reversal of the conviction, civil judgment or other action upon
which the debarment was based;
3. Bona fide change in ownership or management;
27
Agenda Item No. 10E
June 10, 2008
Page 33 of 34
4. Elimination of other causes for which the debarment was imposed;
or
5. Other reasons that the committee might deem appropriate.
The contractor's request shall be submitted to the PGS Director in
writing and shall be based on one or more of the aforementioned
reasons.
c. The decision of the committee regarding a reduction of the debarment
period is final and not subject to appeal.
4. The Effects of Debarment:
a. Debarred contractors are excluded from receiving County contracts.
Departments shall not solicit offers from, award contracts to, or
consent to subcontractors with debarred contractors, unless the
County Manager or his designee determines that emergency or single
source conditions exist and grants written approval for such actions.
Debarred contractors are excluded from conducting business with the
County as agents, representatives, subcontractors or partners of
other contractors.
r
b. The Purchasing Department shall notify all Board departments of the
final debarment decision and the effects of that decision with regard to
conducting business with the debarred entity(ies) during the
debarment period.
5. Continuation of Current Contracts:
a. Departments may not renew or otherwise extend the duration of
current contracts with debarred contractors in place at the time of the
debarment unless the PGS Director or his designee determines that it
is in the best interests of the County to allow the contractor to
continue or finish the work within an additional, limited period of time.
b. Debarment shall constitute grounds for terminating an open
agreement with a contractor. However, the contract manager may
permit completion of an open contract(s) provided that the debarred
contractor has performed in a satisfactory manner to date under the
open contract(s) unless otherwise directed by the PGS Director.
6. Restrictions on Subcontracting:
a. When a debarred contractor is proposed as a subcontractor for any
subcontract subject to County approval, the department shall not
consent to subcontracts with such contractors unless the County
Manager or his designee determines that emergency or single source
conditions exist, thus justifying such consent and approves such
decision.
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b. The County shall not be responsible for any increases in contract
costs or other expenses incurred by a contractor as a result of
rejection of proposed subcontractors pursuant to subsection 6.a
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Agenda Item NO.1 OE
June 10. 2008
Page 34 of 34
provided that the subcontractor was debarred prior to the submission
of the applicable bid or proposal offer.
7. The Scope of Debarment: Debarment applies to all officers, principals,
directors. partners, qualifiers, divisions or other organizational elements of
the debarred contractor, unless the debarment decision is limited by its
terms to specific divisions, organizational elements or commodity/services.
The committee's decision includes any existing affiliates of the contractor if
they are specifically named and are given written notice of the proposed
debarment and an opportunity to respond. Future affiliates of the
contractor are subject to the pre-existing terms of the committee's decision.
5/27/08
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