HomeMy WebLinkAbout2011-015INDIAN RIVER COUNTY
PROCUREMENT POLICIES AND PROCEDURES
FOR
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAMS AND PROJECTS
Revised January 18, 2011
INDIAN RIVER COUNTY
PROCUREMENT POLICIES AND PROCEDURES
FOR
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAMS AND PROJECTS
Revised January 18, 2011
TABLE OF CONTENTS
I. General Policy
Page
2
A. Applicability 2
B Procurement Law and Regulations 2
II. Procurement Standards 3
A. General Standards
B. Competition
III. Procurement Administration
3
3
4
A. Efficiency Review 4
B. Performance Review 4
C. Records 4
D. Written Agreements 5
E Authorizations 5
IV. Procurement Classifications 5
A. Simple 5
B Intermediate 6
C. Formal 6
V Solicitation and Award 7
A. Invitation for Bids 7
B . Request for Proposal 7
C. Advertising 8
D. Evaluation 9
E Multiple Service Awards 9
VI. Exceptions
VII. Affirmative Action/Equal Opportunity
VIII. Contracts
IX. Code of Conduct
X. Protests
Appendix A
Appendix B
10
11
12
12
13
14
18
TABLE OF CONTENTS
I. General Policy
Page
2
A. Applicability 2
B Procurement Law and Regulations 2
II. Procurement Standards 3
A. General Standards
B. Competition
III. Procurement Administration
3
3
4
A. Efficiency Review 4
B. Performance Review 4
C. Records 4
D. Written Agreements 5
E Authorizations 5
IV. Procurement Classifications 5
A. Simple 5
B Intermediate 6
C. Formal 6
V Solicitation and Award 7
A. Invitation for Bids 7
B . Request for Proposal 7
C. Advertising 8
D. Evaluation 9
E Multiple Service Awards 9
VI. Exceptions
VII. Affirmative Action/Equal Opportunity
VIII. Contracts
IX. Code of Conduct
X. Protests
Appendix A
Appendix B
10
11
12
12
13
14
18
I. GENERAL POLICY
A. APPLICABILITY
These procurement policies establish procedures and guidelines that shall be used for the purchase
or procurement of personal property, supplies, equipment, and services for CDBG programs and projects.
All procurement shall be accomplished in compliance with applicable state and federal law. The purpose
of these procedures is to facilitate the determination of the most efficient and economical means of securing
commodities and services without sacrificing necessary control and good purchasing practice.
B. PROCUREMENT LAW AND REGULATIONS
Laws relative to the procurement process, in general, may be found in Chapter 287, Fla. Stat. The
provisions of these procurement procedures shall not be construed to conflict with or supersede the
requirements of S. 287.055, Fla. Statutes, 24 Code of Federal Regulations WI -TR) Section 85.36, or any
other applicable state or federal laws or regulations. In regard to procurement of commodities or services
in connection with Community Development Block Grants, the U.S. Department of Housing and Urban
Development (HUD) grant administration regulations relating to procurement are promulgated in
Handbook 1300.17. This Handbook reprints the Office of Management and Budget (OMB) Circular A-
102, Attachment 0, which pertains to procurement standards and is hereby incorporated by reference.
Future state or federal regulations applicable to procurement under the CDBG Program shall supersede
and/or supplement this policy.
2
I. GENERAL POLICY
A. APPLICABILITY
These procurement policies establish procedures and guidelines that shall be used for the purchase
or procurement of personal property, supplies, equipment, and services for CDBG programs and projects.
All procurement shall be accomplished in compliance with applicable state and federal law. The purpose
of these procedures is to facilitate the determination of the most efficient and economical means of securing
commodities and services without sacrificing necessary control and good purchasing practice.
B. PROCUREMENT LAW AND REGULATIONS
Laws relative to the procurement process, in general, may be found in Chapter 287, Fla. Stat. The
provisions of these procurement procedures shall not be construed to conflict with or supersede the
requirements of S. 287.055, Fla. Statutes, 24 Code of Federal Regulations WI -TR) Section 85.36, or any
other applicable state or federal laws or regulations. In regard to procurement of commodities or services
in connection with Community Development Block Grants, the U.S. Department of Housing and Urban
Development (HUD) grant administration regulations relating to procurement are promulgated in
Handbook 1300.17. This Handbook reprints the Office of Management and Budget (OMB) Circular A-
102, Attachment 0, which pertains to procurement standards and is hereby incorporated by reference.
Future state or federal regulations applicable to procurement under the CDBG Program shall supersede
and/or supplement this policy.
2
II. PROCUREMENT STANDARDS
A. GENERAL STANDARDS
Except as otherwise provided by law, procurement awards shall be made only on the basis of
requirements and evaluation factors that are directly related to the price, quantity, or quality of the
commodities or services or the ability of the prospective supplier or contractor to perform under the
agreement.
Procurement procedures prohibit the dividing of the procurement of a good or service into a
number of smaller groups in order to avoid the more stringent requirements of a higher dollar category
(refer to s. 287.057(8), Fla. Stat. (1994 supp.)). However, this provision is not to conflict with the
provision of 24 C.F.R. s. 85.36(e) that the subgrantee take all necessary affirmative steps to assure that
minority firms, women's business enterprises and labor surplus area firms are offered the opportunity to
participate to the maximum practicable extent.
B. COMPETITION
All procurement transactions will be conducted in a manner providing full and open competition
consistent with standards of Section 85.36 of the C.F.R. Some of the situations considered to be restrictive
of competition include but are not limited to:
1. placing unreasonable requirements on firms in order for them to qualify to
do business,
2. requiring unnecessary experience and excessive bonding,
3 noncompetitive pricing practices between firms or between affiliated
companies,
4. noncompetitive awards to consultants that are on retainer contracts,
5. organizational conflicts of interest,
6. specifying only a "brand name" product instead of allowing "an equal"
product to be offered, and
7. any arbitrary action in the procurement process.
3
II. PROCUREMENT STANDARDS
A. GENERAL STANDARDS
Except as otherwise provided by law, procurement awards shall be made only on the basis of
requirements and evaluation factors that are directly related to the price, quantity, or quality of the
commodities or services or the ability of the prospective supplier or contractor to perform under the
agreement.
Procurement procedures prohibit the dividing of the procurement of a good or service into a
number of smaller groups in order to avoid the more stringent requirements of a higher dollar category
(refer to s. 287.057(8), Fla. Stat. (1994 supp.)). However, this provision is not to conflict with the
provision of 24 C.F.R. s. 85.36(e) that the subgrantee take all necessary affirmative steps to assure that
minority firms, women's business enterprises and labor surplus area firms are offered the opportunity to
participate to the maximum practicable extent.
B. COMPETITION
All procurement transactions will be conducted in a manner providing full and open competition
consistent with standards of Section 85.36 of the C.F.R. Some of the situations considered to be restrictive
of competition include but are not limited to:
1. placing unreasonable requirements on firms in order for them to qualify to
do business,
2. requiring unnecessary experience and excessive bonding,
3 noncompetitive pricing practices between firms or between affiliated
companies,
4. noncompetitive awards to consultants that are on retainer contracts,
5. organizational conflicts of interest,
6. specifying only a "brand name" product instead of allowing "an equal"
product to be offered, and
7. any arbitrary action in the procurement process.
3
The inability to obtain more than one bid, price quote or proposal shall not prohibit the approval of
a purchase if other prospective vendors or contractors have been given adequate notice of the procurement
and an opportunity to participate, and have declined to submit bids, proposals or price quotes. The
declination to submit need not be in writing.
III. PROCUREMENT ADMINISTRATION
A. EFFICIENCY REVIEW
The County Administrator, other authorized representative or employee who approves each
purchase shall review the proposed procurement to avoid unnecessary or duplicative items. In order to
obtain a more economical, efficient or effective purchase, consideration shall be given to:
a) breaking out or consolidating purchases,
b) lease versus purchase alternatives,
c) interlocal agreements for purchases or use of common goods,
d) use of federal or state surplus property,
e) value engineering reviews,
f) use of state or federal contracts for materials and/or services.
B PERFORMANCE REVIEW
Contracts shall specify a contract manager, appointed by the local governing body, to ensure that
the contractor performs in accordance with the terms, conditions and specifications of their contract or
purchase order.
C. RECORDS
Appropriate arrangements shall be made for the generation and maintenance of all files, records,
and documentation necessary to evidence the compliance with all requirements as delineated in this
document. All procurement shall comply with good purchasing practices and with applicable local, state
and federal regulations, in a manner consistent with this document. A complete set of records shall be
maintained by the entity responsible for the procurement for a minimum of 6 years. See section IB for
applicable laws and regulations.
4
The inability to obtain more than one bid, price quote or proposal shall not prohibit the approval of
a purchase if other prospective vendors or contractors have been given adequate notice of the procurement
and an opportunity to participate, and have declined to submit bids, proposals or price quotes. The
declination to submit need not be in writing.
III. PROCUREMENT ADMINISTRATION
A. EFFICIENCY REVIEW
The County Administrator, other authorized representative or employee who approves each
purchase shall review the proposed procurement to avoid unnecessary or duplicative items. In order to
obtain a more economical, efficient or effective purchase, consideration shall be given to:
a) breaking out or consolidating purchases,
b) lease versus purchase alternatives,
c) interlocal agreements for purchases or use of common goods,
d) use of federal or state surplus property,
e) value engineering reviews,
f) use of state or federal contracts for materials and/or services.
B PERFORMANCE REVIEW
Contracts shall specify a contract manager, appointed by the local governing body, to ensure that
the contractor performs in accordance with the terms, conditions and specifications of their contract or
purchase order.
C. RECORDS
Appropriate arrangements shall be made for the generation and maintenance of all files, records,
and documentation necessary to evidence the compliance with all requirements as delineated in this
document. All procurement shall comply with good purchasing practices and with applicable local, state
and federal regulations, in a manner consistent with this document. A complete set of records shall be
maintained by the entity responsible for the procurement for a minimum of 6 years. See section IB for
applicable laws and regulations.
4
D. WRITTEN AGREEMENTS
Any procurement of commodities or services costing $5,000 or more shall be evidenced by a
written solicitation embodying all provisions and conditions of the procurement. This requirement for
written documentation may be met through preparation of a letter on county or vendor letterhead, signed by
the vendor and appropriate elected and/or appointed official, stating such conditions and terms as price,
number of units of purchase (e.g.: ea., cs., bx., etc.) or product, delivery date, or when service is to begin,
point of delivery, specifications, etc. Any price quotes, warranties, guaranties, certifications or contracts
shall be attached and filed.
E. AUTHORIZATIONS
Purchase orders or contracts shall be issued for all purchases and must be signed by either the Chief
Elected Official or the department head approving the purchase. The local governing body must authorize
all purchases in excess of $25,000.
IV. PROCUREMENT CLASSIFICATIONS
The following classifications are established:
A. SIMPLE PROCUREMENT (Less than $5,000)
Procurement is accomplished through simple purchase. Simple procurement procedures are those
relatively simple and informal procurement methods that are sound and appropriate for a procurement of
supplies or other property, or services. Appropriate notation of oral price quotes should be made for costs
less than $5,000.
5
PROCUREMENT
CLASS
PROCUREMENT
RANGE
DESCRIPTION
PROCUREMENT
METHOD
1.
Less than $5,000
Simple Procurement
Price Checks/Simple Purchase
2
$5,000 - $24,999
Intermediate Procurement
Informal Competition, Written
Agreement
3.
Over $25,000
Formal Procurement
Formal Competition (bids or
proposals)/Contract
A. SIMPLE PROCUREMENT (Less than $5,000)
Procurement is accomplished through simple purchase. Simple procurement procedures are those
relatively simple and informal procurement methods that are sound and appropriate for a procurement of
supplies or other property, or services. Appropriate notation of oral price quotes should be made for costs
less than $5,000.
5
D. WRITTEN AGREEMENTS
Any procurement of commodities or services costing $5,000 or more shall be evidenced by a
written solicitation embodying all provisions and conditions of the procurement. This requirement for
written documentation may be met through preparation of a letter on county or vendor letterhead, signed by
the vendor and appropriate elected and/or appointed official, stating such conditions and terms as price,
number of units of purchase (e.g.: ea., cs., bx., etc.) or product, delivery date, or when service is to begin,
point of delivery, specifications, etc. Any price quotes, warranties, guaranties, certifications or contracts
shall be attached and filed.
E. AUTHORIZATIONS
Purchase orders or contracts shall be issued for all purchases and must be signed by either the Chief
Elected Official or the department head approving the purchase. The local governing body must authorize
all purchases in excess of $25,000.
IV. PROCUREMENT CLASSIFICATIONS
The following classifications are established:
A. SIMPLE PROCUREMENT (Less than $5,000)
Procurement is accomplished through simple purchase. Simple procurement procedures are those
relatively simple and informal procurement methods that are sound and appropriate for a procurement of
supplies or other property, or services. Appropriate notation of oral price quotes should be made for costs
less than $5,000.
5
PROCUREMENT
CLASS
PROCUREMENT
RANGE
DESCRIPTION
PROCUREMENT
METHOD
1.
Less than $5,000
Simple Procurement
Price Checks/Simple Purchase
2
$5,000 - $24,999
Intermediate Procurement
Informal Competition, Written
Agreement
3.
Over $25,000
Formal Procurement
Formal Competition (bids or
proposals)/Contract
A. SIMPLE PROCUREMENT (Less than $5,000)
Procurement is accomplished through simple purchase. Simple procurement procedures are those
relatively simple and informal procurement methods that are sound and appropriate for a procurement of
supplies or other property, or services. Appropriate notation of oral price quotes should be made for costs
less than $5,000.
5
A reasonable and adequate number of price checks or quotes should be made by phone, personal
inspection, discussions with vendors, etc., to ensure the highest quality product or service is obtained for
the least cost to the procuring entity.
B INTERMEDIATE PROCUREMENT ($5,000 - $24,999)
Procurement is accomplished by obtaining three written price quotes, when possible, or through
informal negotiation if the item or service is expected to cost less than $24,999. If the actual cost exceeds
$24,999, then the procurement must go to formal procurement, as outlined in section D below. Files shall
contain documentation of competition. No advertising is required but all procurement shall be evidenced
by a written agreement embodying all provisions and conditions of the procurement. This requirement for
written agreement may be met through preparation of a letter on municipality or vendor letterhead, signed
by the vendor or appropriate elected and/or appointed official or representative, stating such conditions and
terms as price, number of units or purchase (e.g.: ea., cs., bx., etc.) or product, delivery date or when service
is to begin, point of delivery, specifications, etc. Any price quotes warranties, guaranties, certifications or
contracts shall be attached and filed.
C. FORMAL PROCUREMENT (REQUIRED OVER $25,000)
Formal Procurement includes the acquisition of commodities or securing services that are expected to
cost $25,000 or more, and requires formal advertising and submission of competitive sealed bids, sealed
proposals, or competitive negotiation.
Sealed bids are publicly solicited and a firm-fixed-price contract (lump sum or unit price) is awarded to
the responsive bidder who conforms to or exceeds all material requirements, terms and conditions of the
invitation for bids, and presents the lowest reasonable price that meets requirements and needs.
Sealed Bidding shall be used unless the county's purchasing manager certifies in writing that sealed
bidding is not practicable or advantageous, in which case procurement shall be based on sealed proposals,
or on competitive negotiation when required by Florida Statutes.
The technique of competitive negotiation is normally conducted with more than one source submitting a
proposal for services with either a fixed-price or cost-reimbursement type contract awarded. It is generally
used when conditions are not appropriate for the use of sealed bids or proposals indicating fees. Florida
Statutes shall determine the manner in which such negotiations are performed and the types of contractual
6
A reasonable and adequate number of price checks or quotes should be made by phone, personal
inspection, discussions with vendors, etc., to ensure the highest quality product or service is obtained for
the least cost to the procuring entity.
B INTERMEDIATE PROCUREMENT ($5,000 - $24,999)
Procurement is accomplished by obtaining three written price quotes, when possible, or through
informal negotiation if the item or service is expected to cost less than $24,999. If the actual cost exceeds
$24,999, then the procurement must go to formal procurement, as outlined in section D below. Files shall
contain documentation of competition. No advertising is required but all procurement shall be evidenced
by a written agreement embodying all provisions and conditions of the procurement. This requirement for
written agreement may be met through preparation of a letter on municipality or vendor letterhead, signed
by the vendor or appropriate elected and/or appointed official or representative, stating such conditions and
terms as price, number of units or purchase (e.g.: ea., cs., bx., etc.) or product, delivery date or when service
is to begin, point of delivery, specifications, etc. Any price quotes warranties, guaranties, certifications or
contracts shall be attached and filed.
C. FORMAL PROCUREMENT (REQUIRED OVER $25,000)
Formal Procurement includes the acquisition of commodities or securing services that are expected to
cost $25,000 or more, and requires formal advertising and submission of competitive sealed bids, sealed
proposals, or competitive negotiation.
Sealed bids are publicly solicited and a firm-fixed-price contract (lump sum or unit price) is awarded to
the responsive bidder who conforms to or exceeds all material requirements, terms and conditions of the
invitation for bids, and presents the lowest reasonable price that meets requirements and needs.
Sealed Bidding shall be used unless the county's purchasing manager certifies in writing that sealed
bidding is not practicable or advantageous, in which case procurement shall be based on sealed proposals,
or on competitive negotiation when required by Florida Statutes.
The technique of competitive negotiation is normally conducted with more than one source submitting a
proposal for services with either a fixed-price or cost-reimbursement type contract awarded. It is generally
used when conditions are not appropriate for the use of sealed bids or proposals indicating fees. Florida
Statutes shall determine the manner in which such negotiations are performed and the types of contractual
6
services which are to be procured in this manner.
Noncompetitive negotiation shall be used when other types of procurement are infeasible (see paragraph
VI).
V. SOLICITATION AND AWARD
A. INVITATIONS FOR BIDS
1. The invitation to bid is used when the procuring entity is capable of defining the scope of
work for which a contractual service is required or when the procuring entity is capable of establishing
precise specifications defining the actual commodity or group of commodities required.
2. Invitation to bid shall be a written solicitation for sealed competitive bids with the title, date,
and hour of the public bid opening designated and which specifically defines the commodity, group of
commodities, or services for which bids are sought. It includes instructions describing all conditions for
bidding and shall be distributed (or available) to all prospective bidders simultaneously.
3. Sealed bids are required to be received at a specified place not later than a specified time
and date. Failure to comply with any instructions pertinent to the delivery of such bids may result in their
being rejected.
B. REQUEST FOR PROPOSALS (RFP)
A request for proposals (RFP) shall be a written solicitation for sealed proposals with the title, date,
and hour of the public opening designated. The request for proposals is used when (a) the procuring entity
is incapable of specifically defining the scope of work for which the commodity, group of commodities, or
contractual service is required and when it requests that a qualified offeror propose a commodity, group of
commodities, or contractual service to meet the specifications of the solicitation document, or (b) when
quality of performance is to be the primary factor for selection. With respect to competitive negotiations, a
qualified offeror shall refer to the provisions of s.287.055, Fla. Stat. (1994 supp.).
A request for proposals includes, but is not limited to, general information, applicable laws and
rules, functional or general specifications, statement of work, proposal instructions, and evaluation criteria.
Requests for proposals shall state the relative importance of price and any other evaluation criteria.
In procuring engineering, architectural or other design services covered by the Florida Consultant
7
services which are to be procured in this manner.
Noncompetitive negotiation shall be used when other types of procurement are infeasible (see paragraph
VI).
V. SOLICITATION AND AWARD
A. INVITATIONS FOR BIDS
1. The invitation to bid is used when the procuring entity is capable of defining the scope of
work for which a contractual service is required or when the procuring entity is capable of establishing
precise specifications defining the actual commodity or group of commodities required.
2. Invitation to bid shall be a written solicitation for sealed competitive bids with the title, date,
and hour of the public bid opening designated and which specifically defines the commodity, group of
commodities, or services for which bids are sought. It includes instructions describing all conditions for
bidding and shall be distributed (or available) to all prospective bidders simultaneously.
3. Sealed bids are required to be received at a specified place not later than a specified time
and date. Failure to comply with any instructions pertinent to the delivery of such bids may result in their
being rejected.
B. REQUEST FOR PROPOSALS (RFP)
A request for proposals (RFP) shall be a written solicitation for sealed proposals with the title, date,
and hour of the public opening designated. The request for proposals is used when (a) the procuring entity
is incapable of specifically defining the scope of work for which the commodity, group of commodities, or
contractual service is required and when it requests that a qualified offeror propose a commodity, group of
commodities, or contractual service to meet the specifications of the solicitation document, or (b) when
quality of performance is to be the primary factor for selection. With respect to competitive negotiations, a
qualified offeror shall refer to the provisions of s.287.055, Fla. Stat. (1994 supp.).
A request for proposals includes, but is not limited to, general information, applicable laws and
rules, functional or general specifications, statement of work, proposal instructions, and evaluation criteria.
Requests for proposals shall state the relative importance of price and any other evaluation criteria.
In procuring engineering, architectural or other design services covered by the Florida Consultant
7
Competitive Negotiation Act, the proposal providers shall not be required to identify a cost for services in
the proposal. After ranking the firms or service provider, negotiation of fee for services shall begin with
the first ranked firm. The Florida Consultant Competitive Negotiation Act, shall be incorporated by
reference in this policy and shall be utilized for all applicable procurements.
C. ADVERTISING
The advertisement must be written in a clear, concise manner and in a way which would invite
competitive bidding. The advertisement shall contain at least the following minimum information:
1. time, date and location for receiving and opening bids or proposals (the date shall
not be less than five (5) days after the final advertisement is published),
2 general description of the commodity or item being requested,
3. where and how detailed specifications and bid forms (if applicable) may be
obtained,
4. terms and conditions of the contract to be awarded,
5. criteria for selection of the vendor or contractor, including the relative weight to be given to
the different factors, (See Appendix A).
6. other information relevant to evaluation and award (refer to 24 C.F.R. s. 85.36(a)(3)(i)).
The request shall be advertised in a newspaper circulated locally. If there are known local vendors
of the desired product or service, only a local newspaper is required. If vendors are not local, a region
newspaper shall be utilized. The advertisements shall, as a minimum, allow twelve (12) calendar days for
response, with two weeks preferable. Those local newspapers targeting a minority audience, and
associations of women- or minority -based populations will be contacted (if they are known) for distribution
of the request.
Sealed bids or sealed proposals will be received at any time during norrnal working hours prior to
the time and date as specified. Each proposal shall be annotated with the time and date received. The bids
or proposals shall be placed in the applicable file and publicly opened and read at the time designated for
the bid opening.
D. EVALUATION
8
Competitive Negotiation Act, the proposal providers shall not be required to identify a cost for services in
the proposal. After ranking the firms or service provider, negotiation of fee for services shall begin with
the first ranked firm. The Florida Consultant Competitive Negotiation Act, shall be incorporated by
reference in this policy and shall be utilized for all applicable procurements.
C. ADVERTISING
The advertisement must be written in a clear, concise manner and in a way which would invite
competitive bidding. The advertisement shall contain at least the following minimum information:
1. time, date and location for receiving and opening bids or proposals (the date shall
not be less than five (5) days after the final advertisement is published),
2 general description of the commodity or item being requested,
3. where and how detailed specifications and bid forms (if applicable) may be
obtained,
4. terms and conditions of the contract to be awarded,
5. criteria for selection of the vendor or contractor, including the relative weight to be given to
the different factors, (See Appendix A).
6. other information relevant to evaluation and award (refer to 24 C.F.R. s. 85.36(a)(3)(i)).
The request shall be advertised in a newspaper circulated locally. If there are known local vendors
of the desired product or service, only a local newspaper is required. If vendors are not local, a region
newspaper shall be utilized. The advertisements shall, as a minimum, allow twelve (12) calendar days for
response, with two weeks preferable. Those local newspapers targeting a minority audience, and
associations of women- or minority -based populations will be contacted (if they are known) for distribution
of the request.
Sealed bids or sealed proposals will be received at any time during norrnal working hours prior to
the time and date as specified. Each proposal shall be annotated with the time and date received. The bids
or proposals shall be placed in the applicable file and publicly opened and read at the time designated for
the bid opening.
D. EVALUATION
8
The contract shall be awarded to the lowest responsible and responsive bidder or proposer whose
bid or proposal most completely meets the requirements and criteria set forth in the invitation for bids or
request for proposals.
The term "responsible bidder or proposer" refers to the capability of a vendor or contractor to
perform fully all aspects of the contract. Financial capability, integrity, and reliability of the bidder or
proposer, all of which tend to ensure good faith performance, shall be a criteria in evaluation of
responsibleness. The term "responsive bidder or proposer" means a bidder who has submitted a bid
or proposals which materially conforms to all provisions of the specifications and the invitation to bid or
request for proposal.
Evaluation criteria and requirements for bids set forth in the invitation for bids shall be used to
determine the most responsible and responsive bidder. A technical review shall be performed on proposals
in the following manner. A subjective ranking of bids or proposals by a majority of the elected officials, or
by persons selected by the body to act on their behalf, shall be utilized as a method of selection (See
Appendix A). Award shall be made to the responsible individual firm whose proposal is considered most
advantageous to the program, with price and other factors considered.
In procuring services for grant administration, evaluations of vendors or service suppliers shall
include a proven track record and sound reputation; adequate financial strength; high ethical standards; and
a record of adhering to specifications, of maintaining shipping or service delivery schedules, and of giving
a full measure of service. Consideration may also include the prospective contractor's records of past
performance under CDBG grants. This factor is not meant to exclude consideration of new firms, but
rather, to include past performance and experience as a potential criterion.
All bidders will be notified that they were or were not selected for award of contract as soon as
possible following the evaluation and decision process.
E. MULTIPLE SERVICE AWARDS
Vendors or service suppliers will be considered for multiple sources of supply or multiple services
when it can be demonstrated that such vendors or services suppliers either are sole sources of the services
or are the responsive proposer whose proposal is determined in writing as a result of a competitive process
to be the most advantageous to local government.
9
The contract shall be awarded to the lowest responsible and responsive bidder or proposer whose
bid or proposal most completely meets the requirements and criteria set forth in the invitation for bids or
request for proposals.
The term "responsible bidder or proposer" refers to the capability of a vendor or contractor to
perform fully all aspects of the contract. Financial capability, integrity, and reliability of the bidder or
proposer, all of which tend to ensure good faith performance, shall be a criteria in evaluation of
responsibleness. The term "responsive bidder or proposer" means a bidder who has submitted a bid
or proposals which materially conforms to all provisions of the specifications and the invitation to bid or
request for proposal.
Evaluation criteria and requirements for bids set forth in the invitation for bids shall be used to
determine the most responsible and responsive bidder. A technical review shall be performed on proposals
in the following manner. A subjective ranking of bids or proposals by a majority of the elected officials, or
by persons selected by the body to act on their behalf, shall be utilized as a method of selection (See
Appendix A). Award shall be made to the responsible individual firm whose proposal is considered most
advantageous to the program, with price and other factors considered.
In procuring services for grant administration, evaluations of vendors or service suppliers shall
include a proven track record and sound reputation; adequate financial strength; high ethical standards; and
a record of adhering to specifications, of maintaining shipping or service delivery schedules, and of giving
a full measure of service. Consideration may also include the prospective contractor's records of past
performance under CDBG grants. This factor is not meant to exclude consideration of new firms, but
rather, to include past performance and experience as a potential criterion.
All bidders will be notified that they were or were not selected for award of contract as soon as
possible following the evaluation and decision process.
E. MULTIPLE SERVICE AWARDS
Vendors or service suppliers will be considered for multiple sources of supply or multiple services
when it can be demonstrated that such vendors or services suppliers either are sole sources of the services
or are the responsive proposer whose proposal is determined in writing as a result of a competitive process
to be the most advantageous to local government.
9
For each service involving application, administration, architectural, engineering, and construction
as listed in s. 290.047(5), Fla. Stat. 1993, when included in a multiple service contract, written
determination of the need for a multiple service contract and the supporting documentation shall be
maintained on file with the sub -grantee (See Appendix B)
Any or all bids or proposals may be rejected where there are sound documented business reasons
which are in the best interest of the procurer. Records of all proceedings for selection and/or refection shall
be maintained.
VI. EXCEPTIONS
The non-competitive negotiation method of procurement is solicitation of a proposal from only one
source; or after solicitation of a number of sources (documented), competition is determined inadequate
(Refer to 24 C.F.R. s. 85.36 (d)(4)). It may be used only:
1. When procurement or award of contract is infeasible under simple or intermediate procurement or
thorough formal (sealed bid) competition; and
2 Under one of the following circumstances:
a. The item is available only from a single source; or
b. Public exigency or emergency exists such that the urgency for the requirement will not
permit a delay incident to competitive bidding, or
c. In the case where grant funds are being used, the federal or state (whichever is more
stringent) grantor agency authorizes non-competitive negotiations; or
d. After solicitation of a number of sources, competition is determined inadequate (See
Appendix B), or
e. The contract item is available under a State of Florida Contract.
Emergency purchases of up to $25,000 shall be authorized by the County Administrator or
designated alternate when, based on his/her decision, the delay incurred by following the normal
procurement requirements would be detrimental to the best interests of the community.
10
For each service involving application, administration, architectural, engineering, and construction
as listed in s. 290.047(5), Fla. Stat. 1993, when included in a multiple service contract, written
determination of the need for a multiple service contract and the supporting documentation shall be
maintained on file with the sub -grantee (See Appendix B)
Any or all bids or proposals may be rejected where there are sound documented business reasons
which are in the best interest of the procurer. Records of all proceedings for selection and/or refection shall
be maintained.
VI. EXCEPTIONS
The non-competitive negotiation method of procurement is solicitation of a proposal from only one
source; or after solicitation of a number of sources (documented), competition is determined inadequate
(Refer to 24 C.F.R. s. 85.36 (d)(4)). It may be used only:
1. When procurement or award of contract is infeasible under simple or intermediate procurement or
thorough formal (sealed bid) competition; and
2 Under one of the following circumstances:
a. The item is available only from a single source; or
b. Public exigency or emergency exists such that the urgency for the requirement will not
permit a delay incident to competitive bidding, or
c. In the case where grant funds are being used, the federal or state (whichever is more
stringent) grantor agency authorizes non-competitive negotiations; or
d. After solicitation of a number of sources, competition is determined inadequate (See
Appendix B), or
e. The contract item is available under a State of Florida Contract.
Emergency purchases of up to $25,000 shall be authorized by the County Administrator or
designated alternate when, based on his/her decision, the delay incurred by following the normal
procurement requirements would be detrimental to the best interests of the community.
10
VII. AFFIRMATIVE ACTION/EQUAL OPPORTUNITY
The County is committed to eliminating discrimination based upon race, color, sex, national origin,
familial status, age, or physical handicap. In grant programs, the County will comply with requirements of
Section 3 (Use of project area residents), Equal Employment Opportunity on Federally Assisted
Construction Contracts, and Executive Order 11625 (Minority Business). Notice of the policy will be
placed in plain sight on job location for the benefits of interested parties and all contractors and sub-
contractors so notified Equal Opportunity posters will be displayed as required.
The Director of Human Resources is hereby appointed as the Equal Opportunity Officer. Duties
will include coordinating local efforts in recruiting employees and soliciting bids, resolving complaints, and
submitting required reports.
The procuring entity will encourage the employment of local residents, especially those who have
low to moderate income, and those who are female and/or of a minority racial/ethnic classification. This
will be accomplished through the following methods for employment and hiring:
1 All employment opportunities will be publicly advertised, including the "equal opportunity
employer" designation unless an internal promotion or upward mobility situation exists.
2. When appropriate, notification of employment opportunities will be issued to organizations
such as the local schools, employment centers, minority organizations and social service
agencies who may refer qualified applicants.
3. Recruitment practices, including those described in paragraphs one and two, will be
conducted in such a way as to include qualified minorities and females in all levels of
responsibility and departments, in percentage to the general population and/or available
work force, to the maximum practical extent.
4. When applicants are equally qualified in all other areas, preference will be given to hiring
minorities and females in furtherance of the goals expressed above.
In accordance with the 1989 State Fair Housing Act (Fla. Stat. s76() 20), the county and any
contractors hired with CDBG funds shall not discriminate against any person in the terms, conditions, or
11
VII. AFFIRMATIVE ACTION/EQUAL OPPORTUNITY
The County is committed to eliminating discrimination based upon race, color, sex, national origin,
familial status, age, or physical handicap. In grant programs, the County will comply with requirements of
Section 3 (Use of project area residents), Equal Employment Opportunity on Federally Assisted
Construction Contracts, and Executive Order 11625 (Minority Business). Notice of the policy will be
placed in plain sight on job location for the benefits of interested parties and all contractors and sub-
contractors so notified Equal Opportunity posters will be displayed as required.
The Director of Human Resources is hereby appointed as the Equal Opportunity Officer. Duties
will include coordinating local efforts in recruiting employees and soliciting bids, resolving complaints, and
submitting required reports.
The procuring entity will encourage the employment of local residents, especially those who have
low to moderate income, and those who are female and/or of a minority racial/ethnic classification. This
will be accomplished through the following methods for employment and hiring:
1 All employment opportunities will be publicly advertised, including the "equal opportunity
employer" designation unless an internal promotion or upward mobility situation exists.
2. When appropriate, notification of employment opportunities will be issued to organizations
such as the local schools, employment centers, minority organizations and social service
agencies who may refer qualified applicants.
3. Recruitment practices, including those described in paragraphs one and two, will be
conducted in such a way as to include qualified minorities and females in all levels of
responsibility and departments, in percentage to the general population and/or available
work force, to the maximum practical extent.
4. When applicants are equally qualified in all other areas, preference will be given to hiring
minorities and females in furtherance of the goals expressed above.
In accordance with the 1989 State Fair Housing Act (Fla. Stat. s76() 20), the county and any
contractors hired with CDBG funds shall not discriminate against any person in the terms, conditions, or
11
privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith,
because of race, color, national origin, sex, handicap, familial status, age, or religion. (See Section X on
Protests for Complaint Procedure).
VIII. CONTRACTS
All contracts procured with state or federal funds shall contain applicable provisions as required by
Fla. Stat. (specifically s.287.058), Florida administrative rule, federal law, regulation or executive order.
Provisions shall include, but not be limited to, such requirements as bonding, equal employment
opportunity, contract termination, record retention, public access to records, reporting, remedies for breach,
conflict of interest, labor standards compliance, pre- and post -audit requirements, and compliance with
environmental laws.
IX. CODE OF CONDUCT
No employee, officer or agent of the procuring entity shall participate in the selection, award or
procurement of an application, administration, architectural, engineering or construction contract if a
conflict of interest, real or apparent, would be involved. Such a conflict would arise when (a) the
employee, officer or agent, (b) any member of his immediate family, (c) his or her partner, or (d) an
organization which employs, or is about to employ, any of the above, will receive a financial or other direct
benefit of CDBG funds from the contract award. In any of these cases, the employee, officer or agent will
abstain from voting on the award.
Officers, employees and agents of the procuring entity will neither solicit gratuities, favor or
anything of monetary value, nor accept any unsolicited gratuity, favor or gift from contractors or potential
contractors, or parties to subagreements.
Violation of this policy shall be subject to penalties, sanctions or other disciplinary action as
permitted by state or local law. Upon conviction in a State Court of competent authority, a violator may be
found guilty of a first degree misdemeanor, punishable as provided in Fla. Stat. 0.775.082 or s.775.083.
X. PROTESTS
12
privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith,
because of race, color, national origin, sex, handicap, familial status, age, or religion. (See Section X on
Protests for Complaint Procedure).
VIII. CONTRACTS
All contracts procured with state or federal funds shall contain applicable provisions as required by
Fla. Stat. (specifically s.287.058), Florida administrative rule, federal law, regulation or executive order.
Provisions shall include, but not be limited to, such requirements as bonding, equal employment
opportunity, contract termination, record retention, public access to records, reporting, remedies for breach,
conflict of interest, labor standards compliance, pre- and post -audit requirements, and compliance with
environmental laws.
IX. CODE OF CONDUCT
No employee, officer or agent of the procuring entity shall participate in the selection, award or
procurement of an application, administration, architectural, engineering or construction contract if a
conflict of interest, real or apparent, would be involved. Such a conflict would arise when (a) the
employee, officer or agent, (b) any member of his immediate family, (c) his or her partner, or (d) an
organization which employs, or is about to employ, any of the above, will receive a financial or other direct
benefit of CDBG funds from the contract award. In any of these cases, the employee, officer or agent will
abstain from voting on the award.
Officers, employees and agents of the procuring entity will neither solicit gratuities, favor or
anything of monetary value, nor accept any unsolicited gratuity, favor or gift from contractors or potential
contractors, or parties to subagreements.
Violation of this policy shall be subject to penalties, sanctions or other disciplinary action as
permitted by state or local law. Upon conviction in a State Court of competent authority, a violator may be
found guilty of a first degree misdemeanor, punishable as provided in Fla. Stat. 0.775.082 or s.775.083.
X. PROTESTS
12
Objection to procurement shall be issued, in writing, to the chief elected official within 5 working
days of purchase or selection to purchase under contract. A response shall be issued to the objecting party
within 5 working days. An objection shall be considered valid only if it discloses a violation of this policy.
For employment discrimination, contact:
The U S Equal Employment Opportunity Commission, Miami District Office
One Biscayne Boulevard, Suite 2700
Miami, FL 33131
Phone: 1-800-669-4000
E-mail: info's eeoc.gor
http://www.eeoc.gov/
For housing discrimination, contact:
Florida Commission on Human Relations
2009 Apalachee Parkway, Suite 100
Tallahassee, Florida 32301
Phone: 1-800-342-8170
E-mail: fchrxnfoc )fchr.myflonda.com
Website: http://fchr state.fl.us/
ADOPTED BY INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS THIS
18 DAY OF January , 2011
INDIAN RIVER COUNTY
Bob Solari, Chairman
Board of County Commission,
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Jeffrey K. Barton, Clerk
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APPROVED AS T FORM
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MELISSA R 1 . RSOt4
ASSISTANT COUNTY ATTORNEY
Objection to procurement shall be issued, in writing, to the chief elected official within 5 working
days of purchase or selection to purchase under contract. A response shall be issued to the objecting party
within 5 working days. An objection shall be considered valid only if it discloses a violation of this policy.
For employment discrimination, contact:
The U S Equal Employment Opportunity Commission, Miami District Office
One Biscayne Boulevard, Suite 2700
Miami, FL 33131
Phone: 1-800-669-4000
E-mail: info's eeoc.gor
http://www.eeoc.gov/
For housing discrimination, contact:
Florida Commission on Human Relations
2009 Apalachee Parkway, Suite 100
Tallahassee, Florida 32301
Phone: 1-800-342-8170
E-mail: fchrxnfoc )fchr.myflonda.com
Website: http://fchr state.fl.us/
ADOPTED BY INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS THIS
18 DAY OF January , 2011
INDIAN RIVER COUNTY
Bob Solari, Chairman
Board of County Commission,
az:
.Q.
••
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ATTEED BY:
Jeffrey K. Barton, Clerk
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APPROVED AS T FORM
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MELISSA R 1 . RSOt4
ASSISTANT COUNTY ATTORNEY
Appendix A*
Criteria and Relative Weight
for Proposal Ranking/Selection
Indian River County
PLANNING AND APPLICATION SERVICES PROPOSALS
INDIAN RIVER COUNTY
Proposer A:
Proposer B.
Proposer C:
Proposer D•
RANK
#1 #2 #3 #4
Evaluated by:
Date:
Ratings• Excellent, Good, Fair, Poor
Evaluation
Factor
PROPOSER C
PROPOSER D
PROPOSER B
PROPOSER A
1. Successful Florida Small Cities
CDBG experience.
2 Management and staffing:
experience, capacity and availability.
3. Approach to needs, tasks to be
performed (thorough, services match
needs).
4. Successful similar experience with
Florida Small Cities and Counties
5. Familiarity or ability to quickly
become familiar with local conditions.
(This does not require previous
employment or contractual experience
with the County.)
6. Fee
RANK
#1 #2 #3 #4
Evaluated by:
Date:
Ratings• Excellent, Good, Fair, Poor
Appendix A*
Criteria and Relative Weight
for Proposal Ranking/Selection
Indian River County
PLANNING AND APPLICATION SERVICES PROPOSALS
INDIAN RIVER COUNTY
Proposer A:
Proposer B.
Proposer C:
Proposer D•
RANK
#1 #2 #3 #4
Evaluated by:
Date:
Ratings• Excellent, Good, Fair, Poor
Evaluation
Factor
PROPOSER C
PROPOSER D
PROPOSER B
PROPOSER A
1. Successful Florida Small Cities
CDBG experience.
2 Management and staffing:
experience, capacity and availability.
3. Approach to needs, tasks to be
performed (thorough, services match
needs).
4. Successful similar experience with
Florida Small Cities and Counties
5. Familiarity or ability to quickly
become familiar with local conditions.
(This does not require previous
employment or contractual experience
with the County.)
6. Fee
RANK
#1 #2 #3 #4
Evaluated by:
Date:
Ratings• Excellent, Good, Fair, Poor
INDIAN RIVER COUNTY
PROJECT ADMINISTRATION SERVICES PROPOSALS
Proposer A:
Proposer B
Proposer C:
Proposer D•
RANK
#1 #2 #3 #4
Evaluated by:
Date:
Ratings: Excellent, Good, Fair, Poor
15
PROPOSER A
PROPOSER B
PROPOSER C
PROPOSER D
Evaluation
Factor
1. Successful Florida Small Cities
CDBG experience.
2 Management and staffing:
experience, capacity and
availability.
3. Approach to needs, tasks to be
performed (thorough, services
match needs).
4. Successful similar experience
with Florida Small Cities and
Counties
5. Familiarity or ability to quickly
become familiar with local
conditions (This does not require
previous employment or
contractual experience with the
County.)
6. Fee
RANK
#1 #2 #3 #4
Evaluated by:
Date:
Ratings: Excellent, Good, Fair, Poor
15
INDIAN RIVER COUNTY
PROJECT ADMINISTRATION SERVICES PROPOSALS
Proposer A:
Proposer B
Proposer C:
Proposer D•
RANK
#1 #2 #3 #4
Evaluated by:
Date:
Ratings: Excellent, Good, Fair, Poor
15
PROPOSER A
PROPOSER B
PROPOSER C
PROPOSER D
Evaluation
Factor
1. Successful Florida Small Cities
CDBG experience.
2 Management and staffing:
experience, capacity and
availability.
3. Approach to needs, tasks to be
performed (thorough, services
match needs).
4. Successful similar experience
with Florida Small Cities and
Counties
5. Familiarity or ability to quickly
become familiar with local
conditions (This does not require
previous employment or
contractual experience with the
County.)
6. Fee
RANK
#1 #2 #3 #4
Evaluated by:
Date:
Ratings: Excellent, Good, Fair, Poor
15
INDIAN RIVER COUNTY
ENGINEERING SERVICES PROPOSALS
Proposer A:
Proposer B:
Proposer C:
Proposer D•
RANK
#1 #2 #3 #4
Evaluated by:
Date:
Ratings: Excellent, Good, Fair, Poor
16
Evaluation
Factor
PROPOSER A
PROPOSER B
PROPOSER C
PROPOSER D
1. Successful Florida Small Cities CDBG
experience.
2
capacity
Management and staffing: experience,
and availability
3.
(thorough,
Approach to needs, tasks to be performed
services match needs).
4 Successful similar experience with Florida
Small Cities and Counties
5. Familiarity or ability to quickly become
familiar with local conditions. (This does not
require previous employment or contractual
experience with the County.)
6.
Fee
RANK
#1 #2 #3 #4
Evaluated by:
Date:
Ratings: Excellent, Good, Fair, Poor
16
INDIAN RIVER COUNTY
ENGINEERING SERVICES PROPOSALS
Proposer A:
Proposer B:
Proposer C:
Proposer D•
RANK
#1 #2 #3 #4
Evaluated by:
Date:
Ratings: Excellent, Good, Fair, Poor
16
Evaluation
Factor
PROPOSER A
PROPOSER B
PROPOSER C
PROPOSER D
1. Successful Florida Small Cities CDBG
experience.
2
capacity
Management and staffing: experience,
and availability
3.
(thorough,
Approach to needs, tasks to be performed
services match needs).
4 Successful similar experience with Florida
Small Cities and Counties
5. Familiarity or ability to quickly become
familiar with local conditions. (This does not
require previous employment or contractual
experience with the County.)
6.
Fee
RANK
#1 #2 #3 #4
Evaluated by:
Date:
Ratings: Excellent, Good, Fair, Poor
16
INDIAN RIVER COUNTY
PROJECT ARCHITECTURAL SERVICES PROPOSALS
Proposer A:
Proposer B:
Proposer C:
Proposer D•
RANK
#1 #2 #3 #4
Evaluated by:
Date:
Ratings: Excellent, Good, Fair, Poor
17
Evaluation
Factor
PROPOSER A
PROPOSER B
PROPOSER C
PROPOSER D
1. Successful Florida Small Cities CDBG
experience.
2 Management and staffing: experience,
capacity and availability
3. Approach to needs, tasks to be performed
(thorough, services match needs).
4. Successful similar experience with Florida
Small Cities and Counties
5 Familiarity or ability to quickly become
familiar with local conditions. (This does not
require previous employment or contractual
experience with the County.)
6. Fee
RANK
#1 #2 #3 #4
Evaluated by:
Date:
Ratings: Excellent, Good, Fair, Poor
17
INDIAN RIVER COUNTY
PROJECT ARCHITECTURAL SERVICES PROPOSALS
Proposer A:
Proposer B:
Proposer C:
Proposer D•
RANK
#1 #2 #3 #4
Evaluated by:
Date:
Ratings: Excellent, Good, Fair, Poor
17
Evaluation
Factor
PROPOSER A
PROPOSER B
PROPOSER C
PROPOSER D
1. Successful Florida Small Cities CDBG
experience.
2 Management and staffing: experience,
capacity and availability
3. Approach to needs, tasks to be performed
(thorough, services match needs).
4. Successful similar experience with Florida
Small Cities and Counties
5 Familiarity or ability to quickly become
familiar with local conditions. (This does not
require previous employment or contractual
experience with the County.)
6. Fee
RANK
#1 #2 #3 #4
Evaluated by:
Date:
Ratings: Excellent, Good, Fair, Poor
17
Appendix B
(Letterhead)
Date
Procurement of CDBG Consultant Services
I hereby certify that bidding of CDBG consultant services for application, administration,
architectural, construction, and/or engineering is not advantageous practicable and/or legal, and that sealed
proposals were solicited. The procedure is in compliance with the local CDBG procurement policy
adopted , 20 which is in compliance with existing agency, state and federal
regulations. A written evaluation determined that one firm capable of providing all requested services is
most advantageous for our needs and that this selection does not constitute sole source solicitation.
INDIAN RIVER COUNTY
Bob Solari, Chairman
Board of County Commissioners
ATTESTED BY:
Jeffrey K. Barton, Clerk
F:\Community Development\CDBG\DOCUMENTS FOR ALL CDBGs\Procurement Policies\20l 1 Update\2011 CDBG Procurement Policies
- CLEAN.doc
Appendix B
(Letterhead)
Date
Procurement of CDBG Consultant Services
I hereby certify that bidding of CDBG consultant services for application, administration,
architectural, construction, and/or engineering is not advantageous practicable and/or legal, and that sealed
proposals were solicited. The procedure is in compliance with the local CDBG procurement policy
adopted , 20 which is in compliance with existing agency, state and federal
regulations. A written evaluation determined that one firm capable of providing all requested services is
most advantageous for our needs and that this selection does not constitute sole source solicitation.
INDIAN RIVER COUNTY
Bob Solari, Chairman
Board of County Commissioners
ATTESTED BY:
Jeffrey K. Barton, Clerk
F:\Community Development\CDBG\DOCUMENTS FOR ALL CDBGs\Procurement Policies\20l 1 Update\2011 CDBG Procurement Policies
- CLEAN.doc
INDIAN RIVER COUNTY
PROCUREMENT POLICIES AND PROCEDURES
FOR
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAMS AND PROJECTS
Revised January 18, 2011