Resolution 1995-353
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RESOLUTION NO. 95-~
RESOLUTION PURSUANT TO COLLIER COUNTY ORDINANCE NO. 87-25 ESTABLISHING
A PURCHASING POLICY FOR COLLIER COUNTY AND REPEALING AND SUPERSEDING
COLLIER COUNTY RESOLUTION 90-53 AND THE PURCHASING POLICY AS
REFERENCED AND AMEmJED THEREBY
WHEREAS, Collie:r County Ordinance 87-25 provides for the
establishment and approval of a purchasing policy to govern all
aspects of purchasing administration; and
WHEREAS, the Board of County CommissionerB, on February 6, 1990,
adopted a purchasing policy by Resolution 90-~j3; and
WHEREAS, the Board of County Commissioners recognizes the
desirability of updating and amending the purohasing policy to
incorporate statutory changes and provide for greater operational
efficiencies in the County's purchasing procedures; and
WHEREAS, the Board of County Commissioners has determinated that
it is in the best i,nterest of Collier County that the attached policy
be established as the official rules and regulations governing the
Collier County purchasing administration.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA that:
"
Resolution No. 90-53 and the purchasing policy attached thereto
and incorporated therein are hereby repealed and superseded by this
Resolution and the purchasing policy attached hereto and incorporated , ,
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herein by reference and said policy is hereby established and app.roved :::-~,.}:
: ~ ;"'''' ,~\t
as the purchasing policy for the Board of County Commissioners ag~hcy <~ .
t~:'
of Collier County, Florida, pursuant to Collier County ordinance now"'.'
87-25,
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This Resolution adopted after motion, second and majority vote,
favoring same.
DATE:
~?
, 1995
Deputy Clerk
APPROVED AS TO FORB AND LEGAL
SUFFICIENCY,
v}/)/LL- !,-~I;~ Ifl;} 4./, ({ /JJ)
I
Kenneth B. Cuyler
Collier County Attorney
PAGE 2
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: It-
Bettye J. Matthews, Chairman
PURCHASING POLICY OF COLLIER COUhLY
I. ESTABLISHMENT OF PURCHASING POLICY
Ordinance ho. E 7 - 2 5 provides for
Purchasing Policy. Collier County
establishes the following Purchasing
the adoption
Resolution No.
Policy.
of
95-
II. PURCHASING DEP~TMENT RESPONSIBILITIES
A. The Purchasing Department shall be responsible for:
1. SeekinG Minimurl Expenditure: Act to
County the highest quality in
contractu.'ll services at least expense
procure for the
suppl iea and
to the County.
2. EnCOUraQlnq cOffiDetition: Endeavor to obt~in as full
and open ':ompetition as possible on all purchases and
sales.
3. Procedure~; 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 Director.
.;. Purchasinq____.Analvsis: Keep informed of current
developments in the field of purchasing, prices,
market condi t ions 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 recogr,iticn, and by
private b\lsin~ss and organizations.
5. Purchasinq Manual: Prescribe and maintain a standard
Purchasin9 Manual for all using agencies. The content
of said milnual will be governed by this Pc'licy.
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 bU!Jiness with the County have acknowledged
their understanding and acceptance of th(~ terms and
condition!) of the County's Purchasing Policy and have
agreed to abide by those terms.
8. Bulk Purc.ha.ses:
"in bulk" so as
Exploit the possibilities of buying
to take full advantage of discount.
9. Vendors' CataloG File: Prepare, adopt and maintain a
vendor's catalog file. Said catalog shall be
organized according to materials and/or services and
shall contain descriptions of vendors' cormnodities,
prices and discount.
10,
Tax Exemotions: Act so as
County tax exemptions to which
the
to procure for
it is entitled.
11. CooDerati~n: Cooperate with
secure for the County the
budgeting and accounting.
using agencies so as
maximum efficiency
a
to
in
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III.
IV.
page 2
12. Disaualification of Bidders: Have the l~esponsibility
to ascertain the identity of all vendors who default
their q\.lotations or bids to the County or fail to
prOVi(:'fl commodities and services required under
contract. Further, to determine if said vendors shall
be removed from purchasing consideration for a period
of three years unless this prohibition is expressly
waived b:{ th~ Board of County Commissioners.
13. Inquiry _and Control: Have full authority to question
the quality, quantity, and kinds of items
requisitloned in order that the best interests of the
County are served.
FIELD PtJPCB..ASE ORDERS (PURCHASES OF $500 OR LESS)
A, Field Purchase Orders, with the approval of the
department' :3 authorized signatory, will be used by
department!;; for immediate purchase of commodities,
out-of-town t:-avel expenditures and services not to
exceed the maximum value of $500,
QUOTATIONS (PW<CHASES BETWEEN $500-$15,000
A. All purchases of commodities and contractual services of
a total estimated value in excess of one thousand dollars
($1,000) an1 less than or equal to the fonnal Bid Limit
of Fifteen Thousand Dollars ($15,000) may bo!! made in the
open market without formal public anno~ncement and
....ithout formal bid. All purchases not requiring formal
competition shall be awarded by the Purchaning Director
to the qualified and responsive vendor submitting the
lowest or be8t overall quote which meets all
specifications.
1. r-linimum Number Ouotes. Purchases between $500.01 and
$1,000 may be procured with one quote wi.th the prior
revie'... and approval of the Purcha!Jing Dep,irtment. Open
market purchases or sales in exceSB of $1,000 but lesa
than or equal to the formal competitive threshold
shall be based on at least three (3) competitive
quotes and shall be awarded to the lowef1t, qualified
and resp:msive quote in accordance with the standards
oet fortll in this Policy.
2. SolicitaJ:ion of Quotes: The Director may solicit
either o:["al or written quotes for open ma,rket pricing
or sale, using available bidders' and sUI~lier lists.
The Director shall determine in which instances
quotations shall be solicited in writing. Further the
Director shall determine which age'ncy (e.g. ;
purchasing or the using agency) shall obtain the
quotations. All oral quotes in excess cf seven
thousand, five hundred dollars $7, son shall be
confirmed in writing by the vendor prior to purchase.
3. Public R-ecorq:
all open market
shall be open to
been madE~.
The Director shall keep a record of
quotes submitted and !Iuch records
public inspection after award has
B. The requirements for requesting quotes from :hree (3) or
more sourcen are waived and do not require :8oard action
for:
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1. Purchase of library books,
Personnel tests, similar audio
periodicals, printed library cards,
education and/or
visual materials.
etc.
2. Professional services; and, in inst.ances when
au~horized by the Purchasing Director where
commocities or services are purchased directly from
the owner of a copyright or patent, a
governmental agency, a recognized educational
institution, or when there are no other
identifiable sources available.
3. Purchases
legitimate
that the Director has
single source purchases.
determined
to
4. Valid public
the Director
County.
emergencies Or other instances deemed by
to be in the best interests of the
V. FORMAL COMPETITIVE THRESHOLD (Purchases in excess of $15,000)
A. It is the intent of the Board of County commissioners to
establish an amount of Fifteen Thousand ($15,000)
dollars as the County's formal competitive threshold for
purchases. The established limit shall be applied to
all methods of purc.hase by agencies under thn 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 permitLed by law,
under the following circumstances:
1. Single source purchases (pursuant to subse~ction C)
2. Valid public emergencies (pursuant to Section XX)
J. where it is determined to be in the best interests of
the County to do so.
B,
All purcha5~s subject
awarded by the Board
otherwise delegated by
action.
to formal competition shall be
of County Commissioners unless
the Board via formal public
C. Exempt ion For Sinqle Source Commodi ties: Purchases of
commodities and services from a single source may be
exempted frc'ffi formal competition upon certification by
the purchasing Director of both of the following
conditions:
1. The item(s) is
properly perform
the only one available
the intended function(s);
that
2. The recor1mended vendor/contractor
ready, willing and able to meet the
requireme~lts .
is th!~ only
County's
All Single Source purchases in excess of the formal
competitive threshold shall be exempted from formal
competition by the Board. Purchases less th"ln or equal
to the formal competitive threshold may be exempted from
competi tion by the Purchasing Director, as p'~rmi t ted by
law.
be
can
one
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VI. COMPETITIVE BID PROCESS
Any pur~hase of commodities or services costing in excess of
the formal competitive threshold shall be accomplished by
competitive scaled 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 othenlise provided for in this poli.cy 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 Invitinq Bids:
1. Announcement; Hotice 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 proposals.
2. ~De of Notice: The public notice required
he~ein 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~i8t. The Director shall also solicit oealed
bids from qualified prospective vendors/contractors
who have requested their names be placed on a
"bidders' list", which the Director shall maintain, by
sending them a copy of such a notice as will acquaint
them with the proposed purchase or sale. Invitations
sent to the vendors/contractors on the bidders' list
shall be 1 imi ted to commodi ties or services tha tare
similar in character and ordinarily handled by the
trade group to which the invitations are sent.
Vendors/co:-1tractors may be removed from the bidders'
list by th,~ Director for continual non-response to bid
requests.
4. Bid DeDosi~; 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 nhall have the authority to return the
deposits ot all bidders prior to award of bid contract
by the Board of County Commissioners. A succe!lsful
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 mailed for formal quotations or an announcement
has been posted for a formal sealed bid.
a. 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. b. The Purchasing
Department shall be responsible for innuring that
all prospective bidders who have received
specifications are notified of the addendum in
writing prior to opening of bids.
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B. Procedure for Bids:
1. ~..l.f;.sLJli..Sg~: Sealed bids shall be submitted to the
Director ar,d shall be clearly identified a9 bide on
the outRide of the sealed envelope.
2.~q:
and place
witnessed
Elids shall be opened publicly at the time
ntated in the public notices and shall be
and certified by the Purchasing Department.
3.. Tabulation: A tabulation of all bids received ahall
be m03de 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.. 017, F. S.
Should a tie still exist among two or more b:_ddere and
anyone of thp. low qualified vendors has a principal
place of business located in Collier County, the bid
shall be awarded to the local bidder.
D. Re;ection Of E:ids And Neqotiation:
1. The Board of County Commissioners ahall have the
authority to reject any and all bids.
2. If the lo'...est and most responsive bid exceeds the
budgeted ali'lOunt the Purchasing Director may negotiate
changes .....ith the apparent lowest qualified and
responsive bidder that .....ill bring prices int.o budgeted
limits subject to the final approval and acceptance of
the Board.
3. If no bid ia received, the Board of County
Commissionp.rs may authoriz.e the Purchasing Director to
purchas~ by negotiation under conditions most
favorable to the public interest and when said
purchase ....ill result in the lowest ultimate cost of
the commodLties or services obtained.
E. Waiver Of Irreqularities:
Commissioners shall have the
all irregularities in any and
The Board of
authority to .....aive
all formal bids.
County
any and
F. Award Of Bid Contract: The Chairman, when au't.horized by
majority vote of the Board or as otherwise p:rovided 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 a.....arded by the
Board of County Commissioners to the lowest qualified and
responsive bidder. In addition to the price shall be
considered the following:
1. The ability, capacity and skill of the bidder to
perform the contract.
2. The ability of the bidder to perform the contract
within tht! time required or the least time, if
appropriate, .....ithout delay or interference.
3. The experience and efficiency of the bidde:r.
4. The quality and performance of previous contracts
awarded to the bidder.
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VII.
Page 6
s. The previous
with laws and
and existing compliance by the bidder
ordinances relating to the contract.
6. The quali~y,
commodities or
particular UDe
availability and adaptability
contractual services to the
required.
of
7. The ability of the
maintenanc~ and service
bidder to provide
(where applicable) .
future
All recommendations for award for bid contract will be
reviewed and .:'lpproved by the Purchasing Director prior to
presentation ~o the Board at County Commissioners.
Bidders competing for a prospective bid award will not be
permitted to address the Board regarding a prospective
purchase prior to the time of award unless requested to
do 80 by the Purchasing Director or by a majority vote of
the Board.
PROCUREMENT OF PHOFESSIONAL SERVICES
A. Because diffe:rences 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. Competitiv(~ Selection and Negotiation.
2. Competitiv(! Proposals (pursuant to Section VIII) .
B. A professional service
obtained 1,n support
independent cont.ractor
professional fields:
shall be defined as
of County operationfl
in one or more of thll
assistance
from an
following
1. Appraisal Services
appraisers.
real and personal property
2. An;hitectuI'e, professional engineering, landscape
architectuI'e, or registered land surveyir..g services
(as per Section 287.055, F.S.l.
3. Audit and Accounting Services
accountants (excepting the selection
auditor which shall be conducted as per
F. S.) .
auditors and
of the annual
Section 11.45,
4. Consul tants planning, management, techncllogical or
scientific advisors.
S. Financial Services
underwriting, financial
services.
bond counsel,
advisor, and
I'a t ing and
investment
6. Legal Services - attorneya and legal profesl3ionals.
7. Medical Services medicine, psychiatry,
hospital, and other health professionals.
dental,
C. Requests exclusively for services defined under VII.B.2
will be procured in a rrWoinner consistent with Section
287.055, F.S., known as "The Consultant's Competitive
Negotiation Act" as required by said statute. Projects
may include the following:
the
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1. Minor, fixed asaiqnment contracts: A grouping of minor
professional service (including c:mstruction
inBpec~ion services) assignments. Procurement of these
contracts Ilhall be further subject to thn following
conditions:
a. Each MHlignment must be specifically id'~ntified in
the public notice.
b. Contracts for a grouping of minor, fixed
assignments shall have a maximum initial contract
amount Limit of $500,000. Each assigr_rnent shall
have a maximum initial amount of $90,000. Any
contract and/or aS9ignment that exc~ed8 that amount
subsequent to award and prior to complel:ion of the
work shall be subject to the provisions of Section
XIV.C of thie resolution. projects Sh.lll not be
sub-divided to circumvent the dollar thresholds
established herein.
2. Minor. fix(ld term: Cou!1.tywide agreements for various
and miscellaneous minor professional services
(including construction inspection servic<.!tl) on an as
needed basis. Procurements of these contracts shall be
further subject to the following:
a. These a9rcements shall have a maximum initial term
of two years. However, said time provisi:m shall in
no way, prohibit the completion of tasks or
assignm!!nts properly initiated prior t::J, but not
completed until after the contract term.
b. These a'3"reements shall be eligible for extension,
or renewal subject to the provisions of Sections
XIV.D and E, reApectively.
c. All minor, fixed term contracts and all assignments
made in accordance with said agreements shall be
subject to the same. dollar limits set forth for
minor, fixed assignment contracts under Section
XII.C.1.b.
3. ~~~d aSBiqnmen~: A grouping of substantially
similar construction, renovation or rehabilitation
activities. Procurements of these contracts shall be
further subject to the following:
a. Each assignment must be specifically id'~ntified in
the public notice.
b. Cont~act8 for a grouping of major, fixed
aS8ignm'~nts shall have a maximum initial contract
amount limit of $3,000,000. Any contract and/or
aBsignm~nt that exceeds that amount subsequent to
award and prior to completion of the work shall be
subject to the provisions of B~ction XIV.C of this
resolut ion. proj ects shall not be sub..cti vided to
circumv.ent the dollar thresholds established
herein.
4 . ~J Professional Services: Includes
administration, support and management of engineering,
architectural, surveying and planning activities.
These agreements shall have a maximum initial contract
period of five years. However, Baid timl! provision
shall in no way, prohibit the completion '::If tasks or
assignments properly initiated prior tc" but not
completed until after the contract term.
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page 8
s. Continuinq Contracts: These contracts shall be defined
in accordance ......i th Subsection 287. ass (1) (':J) and shall
be subject to the provisions of this resolution.
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.3 hereof.
E. Final selection of
(a......ard of contract)
Commissioners.
the
shall
professional service
be made by the Boa:rd
provider
of County
F. Purchases fol' all professional services esti.mated to be
equal to or less than the formal competitive threshold
may be approved by the purchasing Director, ;IS permitted
by law.
G. Requests for outside legal services will be referred to
the. County Manager and the County Attorney fo:r review and
comment as to whether said services are necensary and/or
appropriate. Requests for outside legal services may be
exempted from formal competition by the Boar'd of County
Commissioners at the request of the County Manager or
County Attorney.
COMPETITIVE PRO?~SAL~
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 consideration!!.
2. 'o'lhere the
themselves
award of a
cond.:..tions of
to the formal
firm, fixed fee
the purchase do not
sealed bid process or
contract.
lend
the
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 offeror
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
contract frn the design and construction of a
construction project (s) .
single
public
B. For purchaser! 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 undE:r Section VI except
where otherwise stated in this section. The competitive
propoaals 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 tho last day
established. for the receipt of proposals.
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2. Each Request for Proposals shall identify the
appropriate evaluation procedures and cri teria to be
applied to the selection of the best proposal among
the respondents. For each RFP pertaining to the
award of !1 design/build contract (8), critl!ria for the
qualificat:ion and selection of firms aI'~d proposals
shall inc~ude, but not be limited to the criteria set
forth under Section 287.055, (10) (c), F.B., weighted
for each j)roject.
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 top three
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.
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 l€:ss than or equal to the formal competitive
threshold may be authorized by th~ 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 constructic'n 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. For the purpose of this
definitions shall apply:
section,
the
following
1. A "design/build firm" means a partnership,
corporation, or other legal entity which is:
a. Certified under Section 489.119, F.S., to engage in
contracting through a certified or registered
genera.l contractor or a certified o:r registered
building contractor as the qualifying algent: and,
b. Certified under Section 471.023, F.S., to
practice or to offer to practice engineering;
or cel"tified under Section 481.219 F.S., to
practice or to offer to practice architecture; or
certified under Section 481.319 F.S., t:o
practice or to offer to practice landscape
architecture.
2. A "design-build contract" meanS a single contract with
a design-build firm for the design and construction of
a public construction project.
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3. A "denign criteria package" means concise
performance-oriented drawings or specificntions of the
public construction project. The purpose of the
design criteria package is to furnish sufficient
information so as to permit design-build firms to
prepare a bid or a response to an agency'n request for
proposal, or to permit an agency to enter into a
negoti"lted design-build contract. The deldgn criteria
package shall specify such performance-based criteria
for the public construction project, including, but
not limited to, the legal description clf the site,
survey information concerning the site, interior space
requirements, material quality standardn, schematic
layouts and conceptual design criteria of the project,
cost or budget estimates, design and construction
schedules, site development requirements, provisions
for utilities, storm water retention and disposal, and
parking requirements, as may be applicable to the
project.
4. A "design criteria professional" means a firm that
holds a current c~rtificate of registJ.-ation under
Section 481 to practice architecture or landocape
architecture or a firm who holds a current certificate
as a registered engineer under Section 471 to practice
engineering and who ia e~ployed by or under contract
to the agency to provide professional architect
services, landscape architect services, or engineerin~
services in connection with the preparation of the
design criteria package.
C. The dcsign criteria package shall be prepared and sealed
by a design criteria professional employed or retained by
the agency. If the agcncy elects to enter into a
professional services contract for the preparation of the
design criteria package, then the desi'3'n criteria
professional shall be selected and contracted with in
accordance with the requirements of Section 287.055, F.S.
The design criteria services of a firm under continuing
contract may also be utilized if the project construction
costs are estimated to be less than $500,000 and
provisions for design criteria services clre included
within or added to such contracts. All solicitations for
professional services to prepare a design criteria
package(s) shall inform the recipient firms of the
following informa tion:
1. A description of the project;
2. The work to be performed;
3. Written notification that the desi9n criteria
professional who has been selected to prepare the
design criteria package ahall not be eligible to
render services under a design-build contract executed
pursuant to the design criteria package.
D. Upon completion of the Design Criteria Package,
procurements of Design/Build services shall be processed
in a manner conoistent with Section VIII., hereof
entitled "Competitive Proposals".
E. Administrative procedures shall be established by the
County Mana~rer or his designee for utiliu.tion of the
design criteria professional concerning the ~valuation of
the proposals s~bmitted 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..
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F" The Board of County Commissioners may declal:e a public
emergency, where appropriate and authorize the using
agency to ne:lotiate an agreement for Board approval with
the nest qualified design-build firm available at: that
time.
x. Small and Disa~.antaqed Business Enterorises
A. Policy Stat~: Collier County stands committed to
providing equal opportunities to small businesBeB and
disadvantaged business enterprises (DBE) as well as to
all vendorB, consultants, contractors and subcontractors
who seek to do business with the county.
Pursuant to '.:.his policy, Collier county will require its
vendors, consultants, contractors and subcontractors to
provide qualified small businesses and DBE's with an
equal OPpol"tunity 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 or any other vendor, consultant,
contractor aT subcontractor on the basis of srender, race
or national ,rigin, or other such factors, but rather to
help enSUI," that small businesses and DEE's and all
qualified vendors, consultants, contractors and
subcontracto~s have an equal opportunity to participate
in the County's formal competitive processes. Nothing in
this Policy 3hall be construed to provide for or require
any preference or set-aside based on gender, race,
national oriqin or any other such factor.
B. Definitions: For purposes of this policy, the term "small
business" shall have the same definition a:3 vet forth
under Section 288.703. (1), F.S.
The term "DEE" 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 dLsadvantaged"
individuals pursuant to Section 14-78.602(18), F.A.C.
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:
policy, the County may
In an effort to implement this
undertake the followin'3" measures:
1. Designate the Purchasing Director to perform duties 98
small business and DEE Coordinator to effectuate this
policy.
2. Utilize outreach programs to identify, register and
educate 11mall businesses and DBE's to participate in
the procurement/contract process includi::1g, but not
limited to:
a. Attending trade fairs
businesses and DBE's.
which
small
include
b. Attending meetings
businesses and DBE's
social whnrein
identified.
small
and
may be
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c. Utilizing publications aimed at reaching small
bUS1.neflSeS and DBE's.
d. Utilizing directories and other reference sources
that list small businesses and D8E's.
e. Publicizing this Policy to encourage small
businesses and DBE's to participate in the County's
procurement procesA.
f, Other actions designed to to identify small
bu~inesDe8 and DBE's who seek to provide
commodities and services to the County.
3. Maintain a list of small businesses and DBE's.
4. Disseminate information regarding competitive
opportunities with the County in order to allow
qualified small businesses and DBE's to participate in
the County's procurement process.
D. Q2n.formitv \lith Aoolicable Law: The provis:.ons of this
small businesses and DBE policy shall be :onstrued in
conformity ....ith applicable state and federal law. To the
extent that state law conflicts with federal law, federal
law ahall supersede such state law.
XI. PAYMENT OF INVOICES
A. It is the intent of the Board of County Commissioners
that all ag€~ncies under its purview be in compliance with
Section 218.70 F.S., otherwise known as the "Florida
prompt Pa)'TT'lent Act". Pursuant to this, the requirements
of this section shall apply to the following
transaction8:
1. The purchase of commodities and services;
2. The purchase or lease of personal property;
3. The leas~ of real property.
B. It shall be the responsibility of the Collier
county Finance Director, in consultation with the
PurchafJing 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' B req-..1irements for the
content and submission of a proper invoice, codifying
the County' B payment requirements and formally
notifyir.g each vendor of their availability.
2. Steps re~quired for the receipt of all invoices and the
prompt return of improper invoices.
3. Steps rl~quired for the resolution of payment disputes
between the County and a vendor.
C. Each December, the Finance Director and t.he 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 y.!ar.
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XII.
PAYMENT OF DUES FOR MEr-mERSHIP IN PROFESSIONAL ORGANIZATIONS
County funds may be used to pay for dues for membership
professional or other organization provided that
expenditure meet!l the following criteria:
in a
such
1. Such memb<:rship is deemed necessary to meet duties and
responsibilities required by Federal, State or local
mandate or to facilitate proper professional development.
C
2. The organization of membership is of a non-prof:it nature.
3. Sufficient funds are available
appropriation unit/summary code.
within
the
proper
XIII. STANDARDIZATION. COOPERATIVE PURCHJl..SING AND GOVERl-IMF.:NTAL
CONTRACTS
A. Where standardization io determined to be desirable by
the Director, the purchase of commodities may be made by
negotiation ",ith the approval of the Board of
County Commis,e-.ioncrs if more than the competitive bid
limit or by the Cotmty Purchasing Director if less than
or equal to th,~ competitive bid or negotiation threshold.
B. The Director shall have the authority 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.
C. Purchases made under the State of Florida and Federal GSA
contracts will be governed as follows:
Above $25,000: Require Board approval.
$25,000 or less Require the prior approval of the
Purchasing Department.
$1,000 or less: Require the prior approval of the
authorized signatory.
XIV. CONTRACT ADMINISTRATION
A. Contract Docume~: Every procurement of ccntractual
services or commodities shall be evidencE~d by a
written document containing all provisions and
conditions of the procurement. Said document shall
include, but net 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 Buch 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 establish,ing the
appropriate types and levels of insuranc.! to be
carried by the vendor. Said provision llhall be
employed in a manner consistent with minimum insurance
standards approved by the Board of County
Commissioners.
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s. Where applicable, pursuant to Section 287.:12 F.S., a
provision I'cquiring the contractor/vendor to inform
the County if he/she has been convicted oj: a public
entity crim!!! subsequent to July 1, 1989.
A purchase order that embodies these provisions shall be
sufficient documentation of the procurement.
B. Contract Manaaer: Every procurement of servicEls shall be
administered by the using agency (requesting department) .
C. Contract Chanqtl: Change orders/supplemental agreements
to a Boat"d approved purchase or contract may be approved
by the County Manager or his designee provided that the
change (or the sum of the changes);
1. Amounts to 10 percent or less of the current Board
approved amount and,
2. Does not exceed S50,000.
These provis:.ons 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 amowlt of funds
ap?ropriated in the budget of the using agcncy(ies}. Such
purchases shall be subject to all other provisions of
this policy.
Change orders/supplemental agreements that exceed the
limits set forth above shall re~ire the approval of the
Board of County Commissioners or as otherwi:3e provided
for in this policy. The Board shall have broad authority,
within the limits of the law, to evaluate and approve any
recommended change order /supplemental agreemo~nt wi thout
requiring fur~her competition.
Procedures further delineating the definition
change orders and supplemental agreements
included in the standard Purchasing Manual.
and use of
shall be
D. Contract Extens ion: Extension of a contract for
commodities or services may be requested by t~he contract
manager to the Purchasing Director in writing for a
period net to exceed six (6) months and shall be subject
to the same terms and conditions set forth in the initial
contract. The ini tial extennion of a contract may be
authorized b"( the County Manager or his designee. Any
subsequent e)~tensions shall be approved by the Board of
County Commissioners.
E. Contract Renewal: The Purchasing Director shall be
authorized to renew 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
condition.s set forth in the initial con.tract. Costs
and terms of any contemplated renewals are included in
the invitation to bid or request for propc.sals.
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3. That the r'~newal ia done on an annual basis, and any
auch contracts shall not be renewed faT more than 3
years unlee:s competitively procured.
Proposed reneh'ala that fail to meet one or Irore of the
conditionE' set forth herein will require the approval of
the Board of County Commissioners.
F. Contract ADDroval.: All formal, bilateral contracto for
commodities ar.d nervices shall be authorized b:r the Board
of County Comrnis!lioners.
XV. PERFORMANCE AND PA Y}tENT BONDS
A contractor or vendor shall provide a surety bond from a
surety company to guarantee full and faithful per::ormance of
a contract obligatil)n and the payment of labor and material
expend~d pursuant to a contract whenever, and in Buch
amounts, as required by statute or otherwise as deemed
necessary by the Purchasing Director. An irrevocable letter
of credit from a financial institution operating within the
State of Florida may be sufficient in place of the
performance bond if so provided for in the bid and contract
documents, All Bueh b-:Jncts or letters of credit shall be
approved as to fClrTn by the County Attorney.
XVI. UNAUTHORI ZED PURCHASES
No County officer or employee shall intentionally ordel.-,
other than by Field Purchase Order, the pUI.chnse of any
commodities or !1ervices, or make any contract within the
purview of this policy other than through the Purchasing
Director. Any purchase order or contract made c:ontrary to
the provisions hereof shall not be approved and the
County shall not be bound thereby. All purchases made
within the provisions of this Policy ahal] be made with a
Field or Regular Purchase Order I whichever is appJ:opriate_
A, ExcePtions: "A'his section shall not apply to the payment
of premiums for insurance policies that have been
acquired through prior Board action. This section ahall
not apply to j10r supersede Resolution Nos. 86..30, 86-209
and 87-16.
XVII. PROHI8ITION AGAINST SlJ1lDIVISION
No contract or purchase shall be subdivided to avoid the
requirements of this Policy.
XVI I I. PROTEST OF B In OF'. PROPOSAL AWARD
The purpose of :.hi9 section
protests concerning formal
recommended contract awards
proposal thresholds prior to
of County Commissioners.
is to accommodate legitimate
competitive invitlltions and
above the compet!ttve bid or
a-Nard of contract by the Board
A. Any actual OJ~ prospective bidder or respondent to an
Invitation for Bids or a Request for Prop~sa18. who
alleges to be aggrieved in connection with the
solicitation (lr award of a contract, (hereaft~lr referred
to as "the protesting party") may protef::t to the
purchasing D:.rector, who shall serve as the sole
recipient of any and all notices of intent to protest and
all formal prc.tests.
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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 t:im(~ for
acceptance of proposals. The Purchasing Director, in
consultation with the contract manager, shall have the
authority to address all such protests rec,~ived under
subsection B and to determine whether postpone:ment of the
bid opening or proposal closing time is apprcpriate. The
Purchasing Director's decision shall be considered final
and conclusive unless the proteating party files a
subsequent formal protest of the recommend,ed contract
award as described under this section.
C. Any actual or prospective bidder or respondent to an
invitation f':Jr bids or a Request for pr'Jposals who
desires to fClrmally protest a recommended contract award
shall submit a notice of intent to protest to the
Purchasing Director within two (2) cal~!ndar days,
excluding weekends and County holidays, from the date of
the initial ~osting of the recommended award.
D. All formal protests with respect to a recommended
contract award shall be submitted in writing to the
Purchasing Ol.rector for a decision. Said protests shall
be 9ubmitted within five (5) calendar dayu, 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. Statement of disputed
there are no disputed
letter must so indicate.
issues of
material
material fact. If
facts, the written
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.
E. In the event of a timely protest of ccmtract award
consistent \..ith the requirements of this section, the
Purchasing Director shall not proceed further with the
a.....ard of the contract until all appropriate
administrative remedies as delineated under this section
have been exhausted or until the Board of County
Commissioner's makes a determination on thn record that
the award of a contract without delay is in the best
interests of the County.
F. The purchasing Director shall review the merits of each
timely protest and in consultation with the contract
manager, issue a decision stating the reasons for the
decision and the protesting party's rights of appeal
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Page 17
under section XVIII. Said decision shall be in writing
and mai::'ed 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 d 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 ot the hearing, the protesting party
shall be re-quired to post a cash surety in an amount
equal to on'~ (1) percent of the using agency's estimate
of the cont=act amount or one-thousand dollars (Sl,OOO),
whichever is less. Should the Hearing Officer find in
favor of th-~ County, the protesting party shall forfeit
the surety as partial payment for \U1due delay.
Otherwise, t:he surety will be returned to the protesting
party.
H. In the event thn.t the protest cannot be reaol ved by
mutual consent, ~he 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 XVIII shall constitute a
waiver of the right to protest t.y any protellting party as
defined by subsection A of this section.
CONTAACT CLAIMt~
The purpose of this section is to establish procedures for
the resolution of claims against the County :relating to a
contract awarded by the Board of County Commisnioners.
A. Any party (herein referred to as the "contractor") that
has entere.j into an agreement with the Board of
County Commissioners for the provision of commodities
and/or services and alleges to be aggrieved in the
performance of said agreement may file a contract claim
with the Contract Manager responsibJ.e for the
administration of the agreement.
B. All claimu by a contractor against the County
relating to a contract shall be submitted in writing to
the Contract Manager for a decision. Claims include (but
are not limited to) disputes arising under (l contract and
those based upon breach of contract, mistake, misrepre-
sensation, or other cause for contract modification or
rescission. The claim shall contain, but not be limited
to the following information:
1. Name and address of the County agency affected and the
contract number and title.
2. The name and address of the contractor.
3. Statement of disputed
there are no disputed
letter must so indicate.
issues of
material
material fact. If
facts, the written
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4. A concise statement of the ultimate factEI alleged and
of any relevant contractual provisions, rules,
regulations, statutes, and constitutional provisions
entitlin3' the contractor to relief.
S. A demand for the relief to which the contractor deems
himself ~ntitled.
6. Such other information as the contractor deems to be
material to the issup..
C. The deciaion of the Contract Manager shall be issued in
writing and shall be mailed or otherwise furnished to the
contractor. The decision shall state the reason(s) for
the decisiorl. reached and specify the contractor's rights
of appeal under Subsection C of this section.
D. If the Contract Manager does not issue a written decision
regarding any contract diepute within thirty (30) days
after written request for a decision, or within such
longer period as may be agreed upon between the
contractor ,"lnd the contract manager, the contractor may
proceed as if an adverse decision had been r.E~ceived.
E. The Contrac:t Manager's
conclusive tmless, within
date of the contractor's
contractor delivers a
County Manager.
decision shall be, final
five (5) calendar cays from
receipt of the d(~cision,
written appea:. to
F. In the eVlmt of a subsequent appeal 'pursuant to
Subsection E, the County Manager shal) have the
discretion to appoint an independent hearin~r officer to
review the facts relevant to the claim. The appointed
officer wil] have a maximum of 60 days to ;:;chedule 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.
G. In the event that the claim has not been resolved by
mutual consent, the matter will be referred to the Board
of County Commissioners for final reaolution.
H. Failure to
time and
constitute
defined by
E ile any formal claim or appeal wi thin the
manner prescribed by this section shall
.:t waiver of the right to file sa.id claim as
subsection A of this section.
xx. EMERGENCY PURCR~SES
A. Bv County l-1anaaer: In case of an emer';1ency 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 emerg.ancy
including the issuance of emergp.nr:y change
orders/supplemental agreements. Any emerg!~ncy action
shall be reported at the first available regular or
special meeting of the Board of County Commis:3!oners. The
County Manager shall further be authorized to approve
payment (s) to vendors at the time of or sr..ortly after
purchase should the circumstances warrant.
and
the
the
the
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i3. Bv P'.lrchasinq Director: In case of any eme:rgency which
requires imnediate purchase of commodities or services
equal to or less than the formal competiti'/e threshold,
the purchasing Director shall be empowered to secure such
services and commodities by open market procedure as
herein set forth. Su..:h action shall be reported
immediately to the County Manager when appropriate.
This section in no way constrains the provisions of
~ollier County Ordinance No. 84-37.
XXI. INSPECTION AND TESTING
The Director shall inspect,
or cause to b.;:: inspected,
services to determine
specifications set forth in
or supervise the i~spection of,
all deliveries of supplies or
their conformance with the
an order or contract.
A. InsDection by Usinq Aqency: 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 :3amples of deliveries which are necessary to
determine their quality and conformance with specifications.
In the performance of such tests, the Directcr shall have
the authority to make use of laboratory facilities of any
agency of the County or of any outside laboratory.
XXII. SURPLUS SUPPLIES ~~ TANGIBLE PERSONAL PROPERTY
All using agen::::ies 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 agencil~s.
B. Sale: The Director shall have authority to sell all
supplies of a value less than the limits proncribed under
Chapter 271 F.S., .....hich have become unlluitable for
County use, or to exchange, or trade-in the name, for new
supplies. Sales under this section shall b(~ made to the
highest responsible bid and in conformance ...,ith Chapters
125 and 274, F.S. All such sales are to be recorded in
official Board minutes, as required by statute. Sales
equal to or in excess of the referenced statutory limits
shall require prior approval of the Board of County
Commissioners.
XXIII. CENTRAL STORES
The Director .!;:hall control and supervise storerooms and
shall administer the same.
A. Accountinq Procedure: Requisitions for supplies from
Central Stores will be credited by the Purchasing
Department to the storeroom's revolving fund by a charge
against the appropriation of the using agency, or by
Invoice.
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B. Inventorv: The Director shall maintain
inventory record of all materials,
equipment stored in storerooms.
a perpetual
flupplies or
XXIV. COPIER PROGRAM
All common photocopying functions will be under the
direction of the Purchasing Director. The purchasing
Department shall carry out the responsibilities of the
purchasing ec~ipment and supplies, regulations, service and
maintenance, maintaining records and furnishing the Finance
Department with necessary data to equitably charge using
departments for copying services. Copiers used ~o benefit a
sole user are exempted and are the responsibili~y of the
using department.
XXV. SEVERABILITY
If anyone or more of the provisions of this P~licy should
be held contrary to any provision of law or contrary to
express law, though not expressly prohibited, or against
public policy, or ahall for any reason whatso(lver 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 provi6io~s of this Policy.
XXVI.
REPEAL PRIOR ~~ CONFLICTING
All resolutions and policies or parts of resolutions and
policies, in conflict herewith, be and the same are hereby
repealed.
XXVII. EFFECTIVE DATE
An official copy of this Policy
office of the Clerk to the Board
immediately after enactment and
effect at that time.
shall be filed in the
of County Commissioners
this Policy shall take
ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIEa COUNTY,
FLORIDA, BY RESOLUTION, IN OPEN SESSION
SC:tb
5/25/95
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