Loading...
HomeMy WebLinkAbout1990-24- ` 1015/90(ordl)Legal(Ob) ORDINANCE go --24 AN ORDINANCE OF INDIAN I , FLORIDA ESTABLISHING CHAPTER 105 - PURCHASING AUTHORITY AND BIDDING PROCEDURES; PROVIDING REPEAL; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE-. BE IT ORDAINED by the Board of County Commissioners of Indian River County, that: SECT ION _1. PURCHASING. Chapter 105 - Purchasing of Title I as set forth i n-A-ftachmenl l -to th i s ord i nance i s b-e-r-eCs-adapt-e . SECTION 2. REPEAL. Those portions of the Indian River County Code (_1.97_4-ed_i_ti-on,)_superseded or in conflict with the provisions herein adopted, in particular Chapter 1, are hereby repealed, SECTION 3. SEVERABILITY. If any section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 4. This ordinance shall become effective upon of acceptance from the Secretary of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 20_ day of November _—, 1990. This ordinance was advertised in the Vero Beach Press -Journal on the 17th day of 0c101.Qr__ , 1990, for a SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:13 - OfficialDocuments:674, Attachment Id 0, Page 1 6th day of November 1990 and continued until the public hearing to be held on the/ 20th day of November 1990, at which time it was moved for adoption by Commissioner Wheeler I seconded by Commissioner Scurlock , and adopted by the following vote: Chairman Carolyn K. Eggert Vice Chairman Richard N. Bird Commissioner Margaret C. Bowman Commissioner Don C. Scurlock, Jr. Commissioner Gary C. Wheeler BOARD OF COUNTY INDIAN RIVER CO By ro Attest By 411, Acknowledgment by the Department of State of the State o`f, Florida, this 28th day of November 1990. 1990,':, Effective date: Acknowledgment from the Department of -.State' received on this 30th day of November , 1990, at 9 a.m./p.m, and filecT—in the Office of tF Zlerk of the Board oT-County Commissioners of Indian River County, Florida. SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:14 - OfficialDocuments:674, Attachment Id 0, Page 2 10/5/90.2(Code)Legal(Ob) ATTACHMENT "A" CHAPTER 105. PURCHASING § 105.01 Authority of County Administrator § 105.02 County Commission § 105.03 Bid not required § 105.04 Bidding Procedures § 105.05 Professional Services § 105.06 Purchasing Policies and Procedures Section --0-5_0-1 Authority -of County Administrat-or Except as otherwise provided by Florida Statutes, the County Administrator or his designee is granted authority to purchase or contract for supplies, materials, equipment, or services (other than services under Sec, 287.055, F.S.) costing $5,000.00 or less for.the County after taking such action as the County Administrator shall deem necessary to obtain—t-e- best prlc-e fo-r- -he Coumty, Any such purchase or contract may be executed by the County Administrator in the name of the County without. Commission action, although copies of any such con�acts shall available to the Commission for inspection. In an emergency, contracts for purchase of parts or repairs to then -existing County'. equipment or machinery may be purchased or contracted by the County Administrator in his capacity as the County Administrator, provided the County Administrator certifies that a true emergency exists, and routes a copy of the contract to the Commission for its inspection with a memorandum describing the emergency situation. Section 105.02 County Commission Any County purchase of supplies, material, equipment, or services in excess of the authority provided in Sec. 105.01 or the Purchasing Policies and Procedures Manual, and services subject to Sec. 287,055, F.S. shall be approved by the County Commission. Purchase orders covering such purchases' shall be noted as approved by the County Commission and may be executed by .the County Administrator, If a formal. written,- integrated contract, in excess of $5,000, is required for such purchases, said contract shall be signed by the. Chairman, the, Clerk, and the County Administrator, and approved as to form and legal sufficiency by the County Attorney. Any purported contract not so executed shall bevoidab initio and shall have no force arid effect whatsoever, The County Commi'ssion may enter into contracts under this paragraph based on the recommendations of the County Administrator, bidding procedures, or such other SmeadSok Reprint Date: Monday, August 12, 2013 - 15:25:14 - OfficialDocuments:674, Attachment Id 0, Page 3 10/5/90.2(Code)Legal(Ob) methods that the Commission determines are in the best interest of the County. In addition, the County Commission may direct the County Administrator to take several bids and negotiate with these bidders to obtain an offer that is more advantageous to the County. Section 105.03 Bid -not -required Nothing in this chapter shall be construed as requiring the County to go out for bids, or, if bids are invited, that the lowest bidder be selected; provided, however, that it is recognized that on certain projects and services the Florida Statutes specifically require bidding. Section 105.04 Bidding -Procedures The following bidding procedures shad-lbe—followed if bidding is used and the procedures are not otherwise modified: (a) Notice inviting bids. Any notice for bids shall be con-sidered an invitation to potential bidders to submit offers to the County in conformity with the County's invitation, All bids received shall be consi-der-ed Lr-revocabte- o-ffers-int[ such—t-ime as the County Commission accepts an offer or rejects the offer or provided for in the Bid Soec Ffications. b) Publication of notice. Notice shall generally be by publication in at least one newspaper of general circulation in the County. In addition, the County Administra#-0 oma -y solicit bids fr-0m prospective bidders, (c) Bid Bonds, (1) Bids under _$25,000.00. Normally, bid bonds shall not be required; however, if the County Administrator determines that a bid bond is desirable in a particular instance the public notice inviting bids shall specify the requirement for a bid bond and the procedures in subparagraph (2) of this ;paragraph shall apply. 2i Bia_s $25,00-0:0 i� or over. Bbonds equal�o 50 of di thed amount shall be submitted with each bid unless the public notice inviting bids .specifies that a bid bond is not necessary. Unsuccessful bidders shall be entitled to return of sure-ty after the final SmeadSok Reprint Date: Monday, August 12, 2013 - 15:25:14 - OfficialDocuments:674, Attachment Id 0, Page 4 10/5/90.2(Code)Legal(Ob) award of bid. A successful bidder shall forfeit any surety given upon failure on his part to enter a contract within ten (10) days after receipt of a proposed contract from the County unless extended by the County Administrator. (3) See paragraph h(3) of this section for options in lieu of bond. (d) Bid opening procedures: (e) (fY (1) Sealed. Bids shall be submitted sealed and shall_be identified as bids on the envelope. (2) Opening. Bids shall The time and place notice. be opened in public at stated in the public 31 Tabulation. A tabu)-atran o� a i bids received shall be available for public ins ection. Rejection bids. The County Commission shall have t he a u t h o r 1 t-y--t-o-- r e j e c-t---an"r—aA-I b-i4s-, pa -r -t s -o f any or all bids, or any or all bids for any one or more supplies or contractual services including in the proposed contract, when the public interest shall be served thereby. Further, after rejection of all bids, the County Commission may republish for new bids. County Administrator shall have this same authority with respect to bids for contracts under the purchasing autho-r-i-t-),--of the County Administrator. (Sec, 105.01) Bidders in default to County. The County -------------------------------- Commission may reject the bid of a contractor who is in default on the payment of taxes, licenses, or other monies due the County. The County Administrator shall have this same authority with respect to bids for contracts under the purchasing authority of the County Administrator. (Sec. 105.01) (g) Award of contract. The County Commission after review of bids received may award the contract to the bidder who, in the view of the County Commission, has submitted the bid that is in the overall best interest of the County. The County Administrator shall have this same authority with respect to bids for contracts under the purchasing authority of the County Administrator. (Sec. 105.01) 3 SmeadSok Reprint Date: Monday, August 12, 2013 - 15:25:15 - OfficialDocuments:674, Attachment Id 0, Page 5 10/5/90.2(Code)Legal(Ob) (h -)—Payment -and Performance Bonds, Contracts _under $25,000.00. Normally, payment and performance- bonds shall not be required; however, if the County Administrator determines that oavment and performance bonds are desirable in a particular instance the public notice inviting bids shall specify the requirements for payment and performance bonds and the procedures in subparagraph (2) and (3) of this paragraph shall apply. Contracts $25,000.00 or over. Payment bonds --------------------------- equal to 100% of the contract price and performance bonds equal to 125% of the contract price shall be provided by the successful bidder at the time of the execution of the contract. The notice inviting bids shallspecify the requirement for payment and performance bonds. (3) Bond requirement. The bond shall be provided by a -surety company authorized to do business i mire- state d f—F1-ori cfa . I r +Feu of a- bond , the County will accept as security cash, certified check, cashier's check or an irrevocable letter of credit. The check or letter of credit shall be drawn on or issued by a bank authorized to do business in the state of Florida, See the provisions of Section 255.05 F.S. The bond shall remain in effect for at -lea-st 30 days after f-Fnal completion. (i) Waiver of bonds. At the time.of award of contract, the County may waive the requirement for payment and performance bonds and the cost of said_ bonds shall be deducted from the contract price. Payment when bored of this section not required. — ------------------------------------ — Except Tor a contract subject to paragraph fij, when there is no bond requirement the County shall make only one payment for the entire amount when the terms of the contract have been fulfilled. (k) Waiver of bidding procedures. The County -------------------------------- Commission may waive or modify the bidding procedure on specific contracts. SmeadSok Reprint Date: Monday, August 12, 2013 - 15:25:15 - OfficialDocuments:674, Attachment Id 0, Page 6 1015/90.2(Code)Legal(Ob) Section 105.05 P-ro#es-s-ional Services Public announcement and qualification procedures, competitive selection, and competitive negotiation for professional services of architects, professional engineers, landscape architects, or registered land surveyors shall be as specified in Florida Statutes, Section 287,055, as applicable, as said section exists or may be amended. Section 105.06 Purchasing Policies and Procedures The County Administrator shall prepare a policies and procedures manual which shall provide County employees with practices and procedures that are to be followed consistent with the principles embodied in this ordinance. Failure of any employee to follow said polices and procedures shall not —void an action taken under this chapter or give rise to a cause of action to anyone, including unsuccessful bidders; however, the Commission may consider any irregularities when considering an award ofconract. rf fundam al—fairness has been violated, the Commission shall reinstate the bi-dd n -g pr_o'c_ess__a__Ies_s exigency requires otherwise. SmeadSok Reprint Date: Monday, August 12, 2013 - 15:25:15 - OfficialDocuments:674, Attachment Id 0, Page 7 INTRODUCTION The purpose of this manual is to implement policies and laws governing the procurement of supplies, equipment, and contractual services and to clarify and to provide Indian River County with a unified purchasing system, with centralized responsibility allowing for processing of some work by delegation, and define responsibilities of the Purchasing Department. Ln addition, it will serve as a reference to questions frequently asked and problems encountered in specific areas of purchasing. It is strongly recommended that all personnel charged with the responsibility of obtaining supplies, equipment and services become thoroughly familiar with the procedures contained hefein. It is our intention that this manual will lead to better purchasing practices. With the continued growth of County it is increasingly important that the, expansion of the purchasing activities follow well-defined policies of accepted standards. The Board of County Commissioners shall have the authority, in specific cases determined to be exceptional, to waive or over -ride the policies and procedures in this manual and to direct a different handling of each such case. 1 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:15 - OfficialDocuments:674, Attachment Id 0, Page 8 PURCHASING DIVISION OVERVIEW 0-2- PURCHASING DIVISION OVERVIEW The Purchasing Division is responsible for purchasing and contracting for the acquisition of equipment, materials, supplies, central warehousing, and services, and performing all legal purchasing related tasks up to and through the delivery of goods and services in compliance with Purchasing Ordinance and Florida Statutes. Preparing, reviewing, and approving specifications, requesting price quotations, advertising, opening and evaluating, bids received, recommending to County Commissioners for action at regular Commission meetings. Monitoring compliance by department headsaf purchasing laws and regulations. Monitoring and evaluating vendor performances. Maintaining all purchasing records. Selling or otherwise disposing of personal property owned by the Board of County Commissioners whicfi7--rs surplus or no longer needed for Indian River County. The Purchasing Manager shall cooperate with the office of Budget Management in the preparation of statistical data concerning the procurement usage and disposition. The County Attorney shall serve as legal counsel and provide legal services to the Purchasing Manager as requested. SmeadSok Reprint Date: Monday, August 12, 2013 - 15:25:16 - OfficialDocuments:674, Attachment Id 0, Page 9 PURCHASING POLICIES 1.0 PURCHASING POLICIES Purchasing will issue all purchase orders on the basis of competitive prices obtained by public bid or informal quotation whenever practical, taking into consideration quality, price and delivery. New sales representatives may be received in other departments when necessary to interview salesmen regarding their product or services. Purchases or agreements to purchase made by any department with out a properly executed purchase order will not be honored by the County. ' Specifications are to be established by the using department and will not be changed or substituted without prior consultation with the user, said changes shall be in writing. Departments are encouraged to suggest vendors to the Purchasing Division; however, selection of vendors through proper evaluation is the responsibility of the Purchasing Division. The Purchasing Manager has full authority to question the quality, quantity and kind of material asked for and may conduct adjustment negotiations in order that the best interest of the County may be served, as prescribed by these policies. 3 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:16 - OffcialDocuments:674, Attachment Id 0, Page 10 ARTICLE ONE PURPOSES, CONSTRUCTION, AND APPLICATION Section_ 1.1.01. AUTHORITY. Pursuant to the authority granted by the Indian River County Code of Ordinances, the rules and regulations set forth herein have been promulgated and approved by the Indian River County Board of County Commissioners. Section 1.1.02. SHORT TITLE. These rules and regulations shall e known an may be cited as the "Procurement Rules and Regulations". 1.1.03. PURPOSES, RULES OF CONSTRUCTION A. interpretation. These z ^vz'r6'YeS Shall be nn�o^stci rued and applied to promote its underlying purposes and policies. B. Purposes and Policies: Th -underlying purposes—of this code are to provide Indian River County a unified purchasing system, with centralized responsibility allowing for processing of some work by delegation. These code simplifies, clarifies and modernizes the rules and regulations governing procurement of the County while allowing the continued eve opmen of procurement policies an practices. These Rules and Regulations provide for increased economy in procurement activities and enables the County to maximize to the fullest extent prac icca le, the purchasing valme—of-public mounds bl�€ostering�—e€€ec iv_ broad based competition within the free enterprise system, while ensuring fair and equitable treatment of all persons who deal with County Procurement. These Rules and Regulations provide safe,,---rds for the maintenance of a procurement system ofaqu lity and integrity and also is intended to provide for increased public confidence in the procedures followed by public procurement. 1.1.04 REQUIREMENT OF GOOD FAITH These Policies require all parties involved in the negotiation, development, performance, or administration of County contracts to in goodfa=th. SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:16 - OfficialDocuments:674, Attachment Id 0, Page 11 1.1.05 APPLICATION OF THIS CODE A. General Application. These Policies apply only to contracts solicited or entered into after the effective date of this Code unless the parties agree to its application to a contract solicited or entered into prior to the effective date. B. Application to Procurement. These Policies shall apply to every Procurement of the Board of County Commissioners irrespective of the source of the funds, including federal assistance monies except as otherwise specified; except that these rules and regulations may not apply to either grants or contracts between the County and other governments. It shall also apply to the disposal of County supplies. Nothing in these regulations promulgated hereunder shall prevent any governmental body or political subdivision from complying with a terms and conditions of any grant, gift, bequest, or cooperative agreement. C—.Waive—olicies. The—Boar may the ^tee Wiens of this Procurement Policy for good cause. D. Application to Other Governmental Bodies. Any governmental body- other than -those under tire -direct control of the Board may choose to utilize the procurement services of the Purchasing Division, with the concurrence of the Purchasing Division and to the degree they utilize these services, they shall be subject to the provisions of these rules and regulations. SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:16 - OfficialDocuments:674, Attachment Id 0, Page 12 PURCHASING DEFINITIONS 2.0 PURCHAAASING DEFINITIONS Numerous terms are used in the procurement of goods and/or services. Listed below are definitions of some of the more commonly used terms and phrases: 1. ADDENDA - are written or issued prior to execution of a contract which modifies the bidding document by additions, deletions, clarifications or corrections. i. AGENCY - Administrative Division of Government -with specific functions. 3. AN ALTERNATE BID - is an amount stated in the bid to be added -to or- deducted from the amount of -the base hid of tha cnrrspondin -change in th6goods or services, as described in the bidding documents. 4. APPROVAL - means the process of Board of County Commission authorization--of-an action prior -to tem execution. 5. ADMINISTRATOR - means the County Administrator, who is the head of the Administrative Branch of County Government or his designee. 6—. -AMENDMENT me od of subs an ially changing the terms and conditions or requirements of a contract beyond what is specifically allowed by the contract. 7. —A -BASE BI -D- is the sum stated -in --the bid for-whie the bidder offers to provide the goods or services described in bidding documents as the base to which goods or services may be added or deleted for sums stated in alternate bids. 8. A BID - is a complete and properly signed proposal to provide goods or services or designated portion thereof for sums stated therein, submitted in accordance with the bidding documents. 9. AAAAA-KD- BOND—is a surety bond which * emnifies tine County in the event the bidder awarded the contract does not execute the contract documents, furnish any required performance bond, and proceed with the performance. The bid bond, when required, is given to the Countyatthe-time of bid submission. 10. A BIDDER - is a person or entity who submits a bid. SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:17 - OfficialDocuments:674, Attachment Id 0, Page 13 PURCHASING DEFINITIONS (CONTIN"UED- PURCHASING--MFINITIONS ) 11. BIDDING DOCUMENTS - Include the advertisement or invitation to bid, instructions to bidders, bid forms, proposed contract documents including any Benda- issue prior tapt of bides 12. A BID LIST - is a list of vendors maintained by the Purchasing Division, listing vendors by the types of products or services they sell. 13. A BLANKET PURCHASE ORDER - is issued for the purchase of miscellaneous items of materials, supplies, and parts, for using departments in instances where the quantity cannot be anticipated or where it is not practical or feasible to provide adequate s orage. 14. BOARD - means the Board of County Commissioners of Indian River County, Florida. 15. CONSULTANTS COMPETITIVE—NE OTIATION CT (CCNA Request for Professional Service in compliance with CCNA F.S.S. 287.055. 16: A CHANGE ORDER--is-writtentoamendan- origin al purchase order authorizing any change in the work or in the contract. 17. A CONTRACT - is an agreement between two or more —parties—to do something_ which -is set forth in writing and is enforceable by law. 18. CONFIRMING PURCHASE ORDER - is a purchase order placed verbally or otherwise for goods or services prior to the formal issuance of a purchase document against encumbered funds. 19. REQUEST FOR QUALIFICATIONS (CCNA) - is a method of procurement whereby qualified professional firms are invited to submit qualifications under CCNA. 20. COMMODITIES - any article of commerce bought and sold, often specified. 21. CONTRACTOR - means any person having a contract with the Board of County Commissioners. 22: CONTRACT-DMINISTRATO - means the ranking managerial employee of the agency requesting items or services, or an employee expressly designated by SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:17 - OfficialDocuments:674, Attachment Id 0, Page 14 PURCHASING DEFINITIONS 22. the County Administrator. The contract administrator has the responsibility to insure that the provisions of each contract are complied with by both the County and the Contractor. 23. CONSTRUCTION - means the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any public real County. It does not include the routine operation, repair, or maintenance of existing structures, buildings, or other real property. 24�COOPE�ATTI HAS-IlM,Gans the procurement conducted by or on behalf of more than one public procurement unit. 25. COUNTY -PUBLIC PROCUREMENT -UNIT - means the--- Purchasing hePurchasing Division of Indian River County, 26. DATA - means recorded information, regardless of form or characteristic. 27. DESIGNEE - means a duly authorized representative 28. EMERGENCY - means a threat to public health, welfare, safety, property or other substantial loss 29. FORMAL BID - is the process through which purchases exceeding $5,000.00 are advertised to encourage maximum vendor participation and awards for such purchases can only be made by Board of County Commissioners. (Category #3) 30. F.O.B. (FREE ON BOARD) - means the seller is required to place the goods aboard a transporting carrier without cost to the buyer. The stated F.O.B. point is usually the location where title to buyer is liable for freight charges and damage after passing of title. 31. FIRM FIXED-PRICE CONTRACT - means a contract whe-rby the price is fixed, not variable, for the entire life of the contract or until a set quantity of goods or services is delivered. Q SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:17 - OfficialDocuments:674, Attachment Id 0, Page 15 PURCHASING DEFINITIONS 32. GSA CONTRACTS - means contracts entered into by the General Services Administration of the Federal Government (also known as GSA Schedules) and are multiple -award contracts contalmi-ng—prices to be utilized by all Federal Government Agencies. 33. AN INFORMAL BID - is the process of soliciting vendor quotation to generate competition on purchases ranging from $1,000.00 to $4,999.00. Quotations may be either verbal or written and are maintained in the permanent file of Purchasing Division. 34. INVITATION FOR BIDS - means all documents, whether attachedo e y reference, utiliked for soliciting formal bids. 35. A JOINDER CONTRACT - is a contract for the purchase of goods, materia s, or services whin is entered into —Anyone —omore local government entities, after authorization has been given by each entity to enter into such contracts to increase competition and effect greater savings on bulk purchases. 36. REQUEST FOR QUALIFICATIONS OF PROFESSIONAL SERVICES CCNA - is a method selecting professional services whereby all vendors are invited to submit a summ_a__rTof their qualifications and state their interest in performing a specific job or service. Fro m these quuuu ifica ions,theCountyde ermines which vendors shall be "shortlisted", interviewed and enter into final negotiation for a contract. 37. LOCAL PUBLIC PROCUREMENT UNIT - Means any City, Town,-and--any—other subdivision -of---the state located within Indian River County or a public agency of any such subdivision, public authority, educational, health, or any other institution, and any other entity which expends public funds for the procurement of sullies, services and construction. 38. MANDATORY BID AMOUNT - means the dollar amount at which the formal Bid Process is required unless an exemption is provided in this Code. The Mandatory Bid Amount is $5,000.00 Purchases below the Mandatory bid Amount shall, w enever possible, be procured through informal quotations, but other informal methods may be used at the discretion of the Purchasing Manager. SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:17 - OfficialDocuments:674, Attachment Id 0, Page 16 PURCHASING DEFINITIONS 2.0 (CONTINUED PURCHASING DEFINITIONS) (The current known requirements of any commodity or service shall not be divided to circumvent the requirements of the Mandatory Bid Amount; however, there is no requirement to aggregate all predicted amounts of any commodity or service for formal bidding. The Purchasing Manager may purchase an annual or alternate quantity of a commodity or service at one time or to enter into an open end contract for annual or alternate requirements, in which gregate -total-exceeds the mandatory bid amount, formal bid procedures shall be used.) 39. NEGOTIATIONS FOR PROFESSIONAL SERVICES means the— act—o determining terms, conditions,and 'prices for the performance of professional services. An appropriately appointed negotiation committee shall negotiate with the top ranked candidate from the competitive selection oU--pr-ofessiona-1 servi-ces firms, in an attempt to reach agreement on a contract for the provision of services to the County. 40. NON -EXPENDABLE SUPPLIES - means all tangible supplies, unless otherwise designated by the Board, having a value of over $200.00 or more per unit, and a normal life expectancy of one year or more and all other tangible supplies designated as subject to formal inventory control. 41--O-PRN-END-CONTRACT - meansa contract whereby an indefinite quantity of supplies, services, or construction are to be procured over an identified time span, as and when needed. This contract has a fixed price to be applied to releases from the governmental entity. 42. OPEN-END PURCHASE ORDER - means a purchase order whereby a Vendor provides supplies, services, or construction on demand or on a prescribed schedule, or the fiscal year, or the Bid amount. 43. PROCUREMENT - means buying, purchasing, renting, leasing, or otherwise acquiring any supplies, services, or construction. It also includes all functions that pertain to the obtaining of any 10 r' 1 r smead5oft Reprint Date: Monday, August 12, 2013 - 1525:18 - OfficialDocuments:674, Attachment Id 0, Page 17 r PURCHASING DEFINITIONS CONTINUED PiJRCHASING -DEFINITIONS) supply, service, or construction, including description of requirements, selection and solicitation off so11rces-, preparation and award of contracts. 44. PROFESSIONAL SERVICES (NON CCNA) - means any services where the County is obtaining advice, instruction, or specialized work from an individual or firm specifically qualified in a particular area. Professional service may include a report, or written advice which may be lengthy; however, the main thrust of the service is not considered labor, but the exercise of intellectual ability. The procurement of professional services does itself to normal competitive bidding and price competition alone. These services shall be procured by Request for Proposal and Competitive election anegotiaion. 45. PROPOSALS (REQUEST FOR) R.F.P. - means a solicitation for offers to provide a solution to a problem. An RFP is characterized by description of tie- desired results and a- scale—of how the proposals to obtain these results will be evaluated. RFP's include a price proposal which is a part of the evaluations. Limited negotiation on any part of the RFP is permissible. The RFP includes all documents,—whether attached or incorporated by reference, utilized for soliciting proposals—. --(None CCNA onnly. 46. PURCHASE DESCRIPTION - means the words used in a solicitation to describe the supplies, services, or construction to be purchased, and includes specifications -attached -to or made a part af;--the solicitation. 47. PURCHASE ORDER - means a purchaser's contract to formalize a purchase transaction with vendor, conveying acceptance of a vendor's proposal. The purchase order should contain statements as to quantity, description, and price of the supplies, services, or and applicable terms as to payment, discounts, date of performance, transportation, and other factors or suitable references pertinent to e purcnase ana its execution ny the venaor. 11 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:18 - OfficialDocuments:674, Attachment Id 0, Page 18 PURCHASING DEFINITIONS 2.0 (CONTINUED PURCHASING DEFINITIONS) 48. QUOTATION (REQUEST FOR) - is an informal request for prices normally used for procurement below the mandatory bid amount. The Request for Quotations includes all documents whether attached or incorporated by reference included in a solicitation of quotations. 49. RESPONSIBLE BIDDER OR OFFERER - means an offerer who has the capability in all respects to perform fully the -contract -requirements, tegrity and reliability which will assure good faith performance. 50. RESPONSIVE BIDDER ---means a person -who -h s submitted a bid -which conforms in all mhter-ia1 respects to a solicitation. 51. SELECTION AND NEGOTIATION COMMITTEE - is a group of persons appointed- as -provided in ti -i -s- code -and regulations, to rank in preferential order those professional firms interested in providing services on a particular project and to negotiate a final contract with the highest ranked firm. 52. SERVICES - means the furnishing of labor, time, and effort by- a contractor;- notes lNi-ng the delivery— of a specific end product other than reports which are merely incidental to the required performance. SHALL - denotes-the-impsrative. 54. SHOULD - denotes the permissive. 55. SOLE BRAND - means the only known brand or the only reasonable brand capable of fulfilling the needs of the County. 56. SOLE SOURCE - means the only known vendor or the only reasonable vendor capable of providing a service or commodity to the County. 57. SPECIFICATIONS - means any description U1 the physical or functional characteristics or of the nature of a supply, service or construction item. 12 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:18 - OfficialDocuments:674, Attachment Id 0, Page 19 PURCHASING DEFINITIONS (CONTINUED PURCHASING DEFINITIONS) It may include a description of any requirement for inspecting, testing or preparing a supply, service or construction item for delivery.— Specifications may also contain provision on r incluision of factors which will lead to the ultimate calculation of lowest total cost. All specifications shall seek to _promote overall economy for the purposes intended, and encourage competition in satisfying the County's needs and shall not be unduly restrictive. 58. STATE CONTRACT - supplies and services already on existing contracts. Furnished by he State of Florida. 59. SUPPLIES - means all property, including but not limited to, equipment, materials, printing, and insurance, excluding real property. 60. SURPLUS SUPPLIES AND PROPERTIES - S supplies and properties no longer having any use to the County. This includes, but is not limited to, obsolete or scrap material and non -expendable supplies that have completed their useful life 61. USING AGENCY - means any governmental body of the County which utilizes any supplies, services, or construction procured under these Policies. 62. VENDOR - means an actual or potential supplier o an item, service, or construction. 13 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:18 - OfficialDocuments:674, Attachment Id 0, Page 20 ARTICLE TWO 2.1.01 AUTHORITY OF THE PURCHASING MANAGER A. Line of Authority. The Division of Purchasing part of the Department of General Services. The Purchasing Manager is responsible directly to the Director of General Services. All communications shall be directed through this line of authority. B. Principal Procurement Officer of the County. The Purchasing Manager mall serve as princip procurement officer of the County. C. OPperational Procedures. The Purchasing Manager may a opt operational procedures covering i n�ern�l f.irn+-i nr� of 4-1k- Th, --1, 4 -- Ti m e 4' RE delegate rights, powers, and authority vested in him to subordinate purchasing agents and other employees. in this code, the Purchasing Manager shall, in accordance with the regulations promulgated: 1 Procure or supervise the procurement of all supplies, and services for the Board of 2. Transfer or sell surplus supplies or property to other governmental agencies within the county, , t he public -by—sealed bi sc, public auction.---tr-ad-e—ecpripment--on—new purchases, or dispose of property in any other method consistent with the laws of Florida and this Code. 3. Coordinate and maintain programs for the inspection, testing and acceptance of supplies or services. 4. Operate a central warehouse for the purchasing, in bulk, of items which may be purchased on an facilities for supplies and to property. 14 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:19 - OfficialDocuments:674, Attachment Id 0, Page 21 individual basis; to provide storage of critically needed store and dispose of surplus ARTICLE THREE Purchases with a unit value of $5,000.00 or more will be let for bidding. However, this does not eliminate the possibility of bidding Purchases with a lower value of $5,000.00 should the County Administrator or h s—desi—gnee .feel that it would be in in the best interest of the County to do so. 15 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:19 - OfficialDocuments:674, Attachment Id 0, Page 22 r' a SOURCE SELECTION AND CONTRACT FORMATION 3._0 SOURCE -SELECTION AND CONTRACT FORMATION 3.1 ALL METHODS OF SOURCE SELECTION A. Section 3.3 (Competitive Sealed Bidding) B. Section 3.4 (Competitive Sealed Proposals). C. Section 3.5 (Small Purchases). D. Section 3.6 (Sole -Source Procurement). E. Section . rand -Procurement . F. Section 3.11 (Emergency Procurement). . Section 6 (Competitive Selection Procedures €sr ProfeseianelServises; H. Section 3.14.01 (Contract Types Allowable). - COMPET-I-TIVE-SEALED BIDDING A. Conditions for Use. Offers over the mandatory bid amount shall be solicited by formal competitive sealed bidding except as otherwise provided. B. Invitation for Bids. An invitation for Bids shall be issue for each so icier ion foro ers equal o or exceeding the mandatory bid amount ($5,000.00) and shall include a purchase description, and all terms and conditions applicable to the procurement. C, Public Notices. Adequate-publicnotie-e-f-the invitation for Bids shall be given a reasonable time prior to the date set forth therein for the opening of bids. Such notice may include publication :n a newspaper of general circulation a reasonable time prior to bid opening. D. Bid Opening. 1. TIME OF RECEIPT. Bids must be received by the Purchasing Division no later than the time and te-identifiedInvitation or Bids. Bids received after this time for any reason shall be returned un -opened after award. 2. PUBLIC BID OPENING. All bids received shall be-- publicly e--publi cl y opened in thepresenceofo -ofone or or more witnesses at the time and place designated in the Invitation for Bids, by the Purchasing Manager or his representative. 16 L,. SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:19 - OfficialDocuments:674, Attachment Id 0, Page 23 SOURCE SELECTION AND CONTRACT FORMATION (CONTINUED BI"CCErTANCE AND BID EVALUATION) E. Bid Acceptance and Bid Evaluation. Bids shall be unconditionally accepted without alteration or correction,. except as authorized in this Code. Kids shall he cvnll,akaA based on the—requirements set forth in the Invitation for Bids, which may include criteria to determine suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award, excluding cash discounts, shall be objectively measurable, such as trade discounts, transportation costs, and total or life cycle costs. The Invitation for Bids shall set forth the evaluation criteria to be used. No criteria may be used in bid evaluation that are not set forthin the Invitation of Bids. Except if so indicated in the basis of award. All Bids must have an original authorized signature. F: Cordon, Cancelra on, or With rawal of -fids 1. Addition or Deletions to Bids. A. Bid Requirements. After bid opening, an otherwise no bidder -shall be permitted to delete exceptions to bid conditions or specifications which affect price or substantive obligations. B_. Responsibility, Determination, with Additional Information. Bidders may be asked-torovi-de he Purchasing Manager with any information required to determine the responsibility of the vendor. C. Waiver of Technicality. Information shall -not-be considered after the -bid opening if it has been specifically requested to be provided with the bid and becomes a matter of responsiveness. The bid shall be considered responsive only if it substantially conforms to requirements of the Invitation for Bids as it relates to pricing, surety, insurance, specifications, and any other matter unequivocally stated in the Invitation for Bids as a determinant of responsiveness. minor or nonsu s an i.ve lack o conformity on these matters may be considered a technicality or irregularity, which may be waived by the Board. SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:19 - OfficialDocuments:674, Attachment Id 0, Page 24 SOURCE SELECTION AND CONTRACT FORMATION 2. Correction of Bids. A: Mathematical Errors.- Errors in extension of unit prices or in mathematical calculations shall be corrected by the Purchasing Division prior to award. In all cases of errors in mathematical computation, the unit prices shall not be changed. B. Correction of Non -Judgmental Errors. A bidder shall be permitted to correct obvious mistakes of fact in his bid, when the intended -bid—i-s--reasonably proven by submission of proof C. Corrections After Award. Any corrections to the benefit of the vendor of a obvious, c-ler3cal--and/or- mathematical - bid mistake after award shall only be permitted by the Board; and any correction in prices may not permit the changed price to exceed the price of the next low bid. 3. Cancellation of Bids. A. Cancellation or Postponement of Bid Opening. Any Time prior to the bid opening date and time, the Purchasing ivision Manaaer may cancel or vostno txe—trio- opening --or Bance for Bid in its entirety. B. Resection After Award. After bids are open, any or all biric may be rejected by the Indian River County, Board of County commissioners. 4. Withdrawal of Bids. A. Bid Amendments Prior to Opening_ Any bidder luntarilp -withdraw- or— amend his bid at any time prior to the bid opening by providing written notice to the Purchasing Manager that his bid should not be considered or that his bid should be amended-. Amendments--sh to the Purchasing Divis identified. 18 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:20 - OfficialDocuments:674, Attachment Id 0, Page 25 3.2 SOURCE SELECTION AND CONTRACT FORMATION (CONTINUED WITHDRAWAL OF BIDS) 3.3 AWARD A. B. Bid Amendments After Opening. After bid opening, vendors shall not be allowed to withdraw a bid in less than sixty days, or a specific time period stated in the Invitation for Bid. C. The Bid Bond. Will guarantee that the bidder will not withdraw from the competition after the opening of the bid. Failure to do so will forfeiture of Bid Bond as liquidated damages. 5. Determination of Responsiveness and Responsibility. The determination of -a non -responsible or non-responsive bidder and the permitting of withdrawals or corrections of Bids, in accordance with the directives of these policies, shall be the duty and responsibility of the Purchasing Manager. The Purchasing Manager may only recommend award or cause award to be made to the responsive and responsible offeror of the best evaluated offer:K11--- determinations of responsiveness, responsibility or allowance for a change in or withdrawal of a Bid shall be made in writing and contained in the purchase order file. Board of Countv Commissioners Authoritv. A bid shall be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder whose bid meets the requirements and award criteria set forth in the Invitation for Bids. All awards shall be awarded by the Board of County Commissioner. The Board of County Commissioners authority is empowered to waive technicalities and irregularities and to reject any and all bids, or portion of thereof. After award is made, the Purchasing Manager will issue a purchase order for price quoted in original bid. B. Tie Bids. If two or more bidders are tied, the Board of County Commissioners will decide the successful bidder. In accordance with applicable Section 287.087 of the Florida Statutes - preference to Bidder with Drug Free Program (effective January 1, 1991). 19 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:20 - OfficialDocuments:674, Attachment Id 0, Page 26 SOURCE SELECTION AND CONTRACT FORMATION 3.3 (CONTINUED AWARD) C. Authority to Award to Responsive and Responsible Bidder After Cancellation of Contract. If within 6v days after bids are opened, or any period bids are required to remain firm as prescribed in the Invitation for Bid, the Contract of the lowest responsible vendor is cancelled, the Board of County Commissioners may elect to award the contract to the next low responsible bidder. After the 60 day period or alternate period prescribed in the Invitation to Bid, the Board of County 1„WlLL�li sslVI3eLS may award to the next low responsible bidder provided: 1. A determination is made that itis in the best interest of the County to award based'on the present bids rather than rebid, -and 2. The next low responsible bidder agrees, in Writing; tOhe-eXtensiori ofbid price for the additional period of time. D. Contract Extension. All invitations for bids for open-end contracts shall, when practical, provided for an extension of the contract for a time period up to the amount of the original time period, upon mutual consent of the buyer and seller and a written analysis by the PilrCriaSiiig manager that renewal is in the best interest of the County, with no price increase. E. Price Adjustment. Contract may be awarded with provision for upward or downward price adjustments provided this allowance is part of the original bid solicitation. F. Cancellation of Solicitation. A request for solicitations may be cancelled and/or any or all responses to solicitations may be rejected in whole or in part when it is in the best interests of the County. The reasons therefore shall be made part of the Purchasing file. After solicitations are opened, such rejection shall be made by the Board of County Commissions. G. Change Orders. 1. Change order means changese duuuuue unanticipated conditions or development, made to an executory 0411 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:20 - OfficialDocuments:674, Attachment Id 0, Page 27 SOURCE SELECTION AND CONTRACT FORMATION 3.3 (CONTINUED AWARD) contract_which_do_not substantially alter the character of the work contracted for, and which do not vary so substantially from the original SvIec fi C— nn1o11Dco-conrstltute anew undertaking, such changes must reasonably and conscientiously be viewed as being in fulfillment of the original scope of the contract rather than as departing therefrom. Further, such changes, when viewed against the background of the work described in the contract and the language used in the specifications, must clearly be directed either to the achievement of a more satisfactory result or the elimination of work not necessary to the satisfactory completion of the contract. 2. The county administrator is hereby authorized to approve and initiate work on the following types ofchang�ersetermine. in his judgement, follows: (a) All change orders decreasing the cost of th.e-contract—to the -county, providing, however, such decrease does not materiallv alter the character of the work contemplated by the contract. %) ---_A change order, consisting of one or more changes permitted by subsection (1) above, where t e net change, testing into amt both increases and decreases in cost, increases the cost of the contract to the county, by an amount not in excess of five thousand dollars ($5,000.00). 3. All other change orders must be formally approved by the county commission before work may be authorized to begin; and no claim against the county for extra work in furtherance of such change order shall be allowed unless said prior approval has been obtained, notwithstanding any other provision, contractual or otherwise. 4. Change orders shall artificially be distributed or divided so as to bring the amount with e approval level of the county administrator and 21 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:20 - OfficialDocuments:674, Attachment Id 0, Page 28 SOURCE SELECTION AND CONTRACT FORMATION 3.3 (CONTINUED AWARD) such proposed change order shall include within it all logically connected work required to be done at the time of the proposal. 3.4 COMPETITIVE SEALED PROPOSALS A. Conditions for Use. If it is not practical nor advantageous to procure any specific supplies, services or construction by competitive sealed bidding, it may be determine that the use of competitive, sealed proposals may be used. B. Request for Proposals. (RFP) Proposals shall be solicited through a request for proposals which should state as near as possible the functional or performance specifications _for—the end results being sought. Proposals shall be received, opened, and processed in the same manner as bids discussed in Sectior---3.2 D—.—Requests for proposals may—be-- corrected, ay becorrected, withdrawn, and cancelled in the same manner as bids discussed in Section 3.2.F. C. Public Notice. Adequate public notice of a Request for Proposal shall be given in the same manner as provided in Section 3.2.C., Competitive Sealed Bidding - Public Notice. D. Evaluation Factors. The Request for Proposals shall state the relative importance of all evaluation factors, including price. In addition, certain items may be rated in accordance with their importance and classified as mandatory, desirable, or � highly desirable. Only criteria +disclosed on the solicitations may be used to evaluate the items or services proposed. E. Discussion with Responsible Offerers and Revisions to Proposals. As provided in the Request for Proposal, discussions may be conducted with responsible offerers whose submitted proposal is determined to be reasonably susceptible of being accepted for award, for the purpose of clarification to assure full understanding of responsiveness to the solicitation requirement. Offerers shall be afforded fair and equal treatment with respect to any opportunity for discussion and revisions of proposal and such revisions will be permitted after submissions and prior to award for the purpose of obtaining best and final offers. SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:21 - OfficialDocuments:674, Attachment Id 0, Page 29 SOURCE SELECTION AND CONTRACT FORMATION (CONTINUED COMPETITIVE -SEALED PROPOSALS F. Award of Proposals. Award shall be made to the responsive, responsible offeror whose proposal is determined, in writing, to be the most advantageous to +he Crmiftytaking- into- consideration the evaluation factors set forth in the Request for Proposals. The contract file shall contain the reasons for the award, including the evaluations of all persons rating the proposals. After award, conv will be forwarded to Purchasinq for the file. 3.5 PURCHASING GUIDELINES A. ALL requests for purchases and Bids shall be made on a properly prepared Purchase Requisition.' Requisitions must be completely filled out and have the proper authorized signatures, account number and funds approved by the Budget Office. Without this information, t e�isition wile returned to the originator. B. Purchase Requisitions from $1,000 to $5,000 shall be accompanied with three (3) quotes indicating vendor, leis- address—,telephone number; and prime. Otherwise, the requisition will be rejected and returned to the originator. On request, the Purchasing Manager may obtain quotes for specific commodities. C. Any procurement below the mandatory bid amount may be made by the Pur-hasing Manager provided—hat procurement requirements shall not be artificially divided so as to constitute a small purchase under this section. D. No employee under the County -Commission, has the authority to purchase or commit public funds toward the purchase of supplies or services without first going through the authorized requisitioning and purchasing procedures. E. Requests for a purchase order number prior to receipt of a requisition will be denied by the Purchasing Manager unless it is a bonafide emergency which is cover under a different section. F. No person, unless authorized o do so under regulations of the County Ordinances, may make a purchase involving the use of County funds. 23 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:21 - OfficialDocuments:674, Attachment Id 0, Page 30 SOURCE SELECTION AND CONTRACT FORMATION SOURCE3.6 SOLE PIZOCUIaEVEYT- A contract below $5,000 may be awarded for supplies or services without competition after the Purchasing Manager submits proper documentation and approval is granted by the County Administrator or his designee. A request for So a Source Procurement above $5,000, will be forwarded to Purchasing for submission to the Board of County Commissioners. Once designated as such, purchases can be made accordingly. 3.7 SOLE BRAND PROCUREMENT A contract below $5,000 may be awarded for supplies or services without competition after the Pur�haC;nn Manager S11bmit5 proper OGllmentatl0 approval is granted by the County Administrator or his designee. A Sole Brand Procurement above $5,000, must be approved by the Board of County Commissionersti---Once designated Sole Brand, purchases can be made accordingly. 3.8 PROCUREMENT FROM CONTRACTS OF OTHER GOVERNMENTS The Purchas directly, without bid or quotations, from GSA contracts, Federal, State, UL U1.11UL l7UVCL111IICi1l.Ctl C.: VI1LL Ql:LS, Qllu D11Q11 !lVl. LcliuLLc processing as stated under Section 2.0.29 for purchases exceeding $5,000.00. -3 9 PEN -END -CONTRACTS The Purchasing Manager shall issue open end contracts after approved by Board of County Commissioners as necessary and reasonable, based on competitive bids. The estimated annual usage Shall govern the proper authority for awards of these contracts; however, if the estimate should prove inaccurate, the awarded contract is valid and the awarding authority shall be changed to conform with the historical information available during the next bidding of the contract. 3.10 PEN --END BLANKET ORDER iv WHAT IS A BLANKET ORDER A blanket order is one issued for the purchase of miscellaneous items of materials, supplies, and part for using departments-in—instances-where quantity cannot be anticipated or where it is not practical or feasible to provide adequate storage. 24 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:21 - OfficialDocuments:674, Attachment Id 0, Page 31 SOURCE SELECTION AND CONTRACT FORMATION 3.10 (CONTINUED OPEN-END BLANKET ORDER) B. HOW PREPARED Requests for blanket order purchases shall be made on a requisition by the using department indicating the need and estimated value. The Purchasing Division will then determine if bids are required and take action to establish the vendor. Blanket Orders shall then be prepared on the standard purchase order form completely filled out and shall contain the following information whenever possible: 1. Dates the blanket order is to be in effect. 2. MAXIMUM AMOUNT WHICH CANNOT BE EXCEEDED. If it is found the amount will be exceeded, the additional need -shall he requisitioned by the using division as a change order request to increase encumbered funds. Item purchases of single items totaling more than $200.00 shall be on a separate approved requisition. Blanket orders shall be effective up—to one year as requested by the department. Persons authorized to place orders against the blanket purchase order. C. HOW USED After the blanket order is issued to the vendor, the using department is authorized to place orders directly with the vendor using the purchase order number indicated. Blanket purchase orders shall be issued annually as requested by the department. if Requisition is for more than $5,000, approval will be required by the Board of County Commissioners. D. HOW PAID The Finance Department will process for payment invoices received for deliveries, so that any discounts may be obtained. Departments must forward the Receiving copies of the Purchase Order to the Finance Department as authority to pay invoices, if more then one shipment is made, copies of the receiving report may be sent to Finance. E. DOLLAR VALUE LIMITATIONS The maximum amount to be covered on a blanket purchase order subject to the limits as prescribed by the Purchasing Ordinance. 25 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:21 - OfficialDocuments:674, Attachment Id 0, Page 32 SOURCE SELECTION AND CONTRACT FORMATION 3.11 EMERGENCY PROCUREMENTS A. During normal working hours: (a)When an emergency exist, the department head or his designee will contact the Purchasing Manager and give the reason for making emergency purchase. Any emergency over 5,000 shall be approved by the County Administrator or his designee. (b) If justified, the Purchasing Department will assign an emergency purchase order number. The requesting department will give a written explanation of the emergency for the permanent purchasing files. (c) The requesting department will make the purchase of the necessary materials, prepare a requisition, with proper documentation emergency memorandum anC1----deliver to e Purchasing Division on the next working day. (d) The Purchasing Division will issue a "confirming" purchase order to cover the purchase. B. After normal working hours: (a) The department head or his designee will exercise their judgment as to the justification for making an emergency purchase. (b) If justified, the department will make the purchase of the necessary materials, prepare a requisition, emergency memorandum and deliver to the Purchasing Office on the next working day. C. Any emergency procurement exceeding the ($5,000.00) award authority of the Purchasing Manager shall be reported to the Board along with a written account of the emergency circumstances from the Department Director of the using agency. 3.12 DETERMINATION OF RESPONSIBILITY The Purchasing Manager or his designee may, within a reasonable time period after bid or proposal opening, request additional information of the offeror concerning 26 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:22 - OfficialDocuments:674, Attachment Id 0, Page 33 e SOURCE SELECTION AND CONTRACT FORMATION 3.12 (CONTINUED DETERMINATION OF RESPONSIBILITY his responsibility to perform and the offeror may voluntarily, after bid opening, provide additional or corrective information concerning his responsibility as a vendor. The Purchasing Manager shall consider this and all other information gained prior to the time of the award or rejection in making his determinations of recommendations concerning award to the Board of County Coramissioners. 4.0 SPECIFICATIONS OPEN COMPETITION REQUIRED The Purchasing Manager shall strive to assure that all specifications issued by the County provide for free and open competition ---among al vendors and preclude a lock -in of any brand or vendor, unless items are purchased under sole source or sole brand provisions. 4.1 STANDARDIZATION A. The Purchasing Manager, with the using Department Director is responsible for the standardizing of types of commodities used throughout the County by writing and promulgating standard specifications or incorporating standard specifications in contracts for use by all County agencies. B. The Purchasing Manager (through the Director of General Services) may recommend to the Board for purchases equal to or over $5,000 that any brand or source of supplies or services be standardized as the only brand or source of service or commodity that will be purchased for a particular agency or County -wide. Competition among distributors of a standardized brand will be attained, if possible. 4.2 RELATIONSHIPS WITH USING AGENCIES The Purchasing Manager shall obtain expert advice--&n(1-- assistance dvice-aniassistance from personnel of using agencies in development of specifications and standardization of commodities. The Purchasing Manager will review specifications written by Agencies to assure that the specifications allow for open and free competition, and that those specifications which eliminate some brand vendors do so to reasonably meet the needs of County. 27 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:22 - OfficialDocuments:674, Attachment Id 0, Page 34 SOURCE SELECTION AND CONTRACT FORMATION 5.1 AUTHORITY TO CONTRACT FOR CONSTRUCTION SERVICES The authority for contracting for construction services is vested in the Board of County Commissioners, and shall be exercised through the provisions of the Procurement Code. 5.2 BONDS AND SECURITY REQUIREMENTS A. BID SECURITY 1. As required by Section 105.04 - (c), (1) and (2) Indian River County Code. 5.3 INSURANCE REQUIREMENTS All contracts shall contain requirements for the protection -ofthe County through suff3-c3-ent—insurance as specified by the division of Risk Management. The form of all such insurance certificates shall be approved by Risk Management. Insurance requirements shall be met, within approved time period prior to final award of the bid -by the Board of County Commissioners. 5.4 INDEMNIFICATION All contractors shall indemnify and save harmless the County, its officers, agents and employees from any injuries or damages received—by any person during any operat-ions—connect—e witi�—the constr-uct-ion-r-o)!-ec-t, fry use of any improper materials, or by any act or omission of the Contractor or his subcontractor, agents, servants or employees. 5.5 FORFEITING OF BONDS All contracts for construction services shall contain a clause allowing termination on default of the contractor and providing that in such cases the surety company shall bear the responsibility for the completion of the contract, or if no surety—company performance bond, the County may claim the alternate to the performance and payment bond and use such funds for the completion of the contract. 28 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:22 - OfficialDocuments:674, Attachment Id 0, Page 35 i SOURCE SELECTION AND CONTRACT FORMATIONS TERMINATION FOR CONVENIENCE All construction contracts for Indian River County shall contain clauses allowing for the termination of the contract for convenience and prescribe methods in which the vendor may cal-culate__cost -of—vgrk already narformed and termination settlement costs. 5.7 LIQUIDATED DAMAGES All construction contracts over an amount to be established in each contract, shall require liquidated damages provisions contained therein that provide for an amount reasonable to the project be deducted from payment to the contractor for failure to complete the project within the contract time frame. 29 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:23 - OfficialDocuments:674, Attachment Id 0, Page 36 ARTICLE SIX PROCUREMENT OF SERVICES 6.1 POLICY It is the policy of this County to publicly announce through the Purchasing Division all requirements for professional services and to award contracts on the basis of demonstrated capability and qualifications at a fair and reasonable price with the ultimate selection based on the best interest of the County and maximum value received. SELECTION AND NEGOTIATIM COMMITTEE Each committee for competitive selection and negotiation for professional services covered by Consultants Competitive Negotiations Acts (CCNA) where the construction costs or planning or study activity are estimated to cost $120,000.00 or more or when a fee for any professional service is estimated to be $6,000.00 or more, shal-1 be appointed --by the County Administrator. The appointment of the committee may be upon the recommendation of the Usinq Division Director. Each committee for competitive selection and negotiation for professional service covered by CCNA for any construction contract, or planning or study activity whose estimated cost is less than $120,000.00 or when the fee for any professional service is estimated to be under $6,000.00 may be appointed by the Using Division Director upon the recommendation of the County Administrator. 6.3 SELECTION -AND NEGOTIATION COMMITTEE COMPOSITION A. All Selection and Negotiation Committees shall be connprised of not less than three, nor more than seven voting members. The majority of the voting members of the committee shall constitute a quorum. B. The voting members of the committee shall include: 1. A Commissioner. 2. The Department Director—or his designee. 3. Other voting members shall have a significant financial concern, interest in the project, or special expertise and shall be selected as permitted by the parameters set forth. 30 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:23 - OfficialDocuments:674, Attachment Id 0, Page 37 PROCUREMENT OF ARCHITECTURAL, ENGINEERING,--TES-TING—LANDSCAPE ARCHITECTURAL AND LANDSCAPING SERVICES 6.4 SOLICITATION OF PROFESSIONAL SERVICES COVERED BY CCNA A. REQUEST FOR QUALIFICATIONS (RFQ)• Each time a requirement or group of requirements is to be procured under CCNA, A Request For Qualifications (RFQ) will be sent to all firms having filed qualifications with the Purchasing Manager and such other firms that have requested to be included. Such Request for Qualifications will specify a minimum for them to: 1. Express their interest in obtaining the particular job. 2. State the staff proposed for the particular project including, if applicable and joint ventures. 3. Professional qualifications to perform such services. Standard Forms 254 and 255 may be used. 4. A reproduction of the firm's current professional registration certificate(s). 5. Other data the originating department may require for that specific project. Be ADVERTISEMENT FOR CCNA. Purchasing Division shall advertise at least once in a paper of general circulation within County advising all interested firiis of the project and requesting Request for Qualifications. All meetings in these proceedings will be by Public Notice. C. REVIEW OF QUALIFICATIONS. A duly appointed selection committee shall review all qualifications and submittals of those firms responding with a Request For Qualifications. D. SHORT LIST. The Selection Committee shall reduce the number of firms (short list) to at least three for further discussions. In short listing the firms, the committee shall attempt to select the best qualified firms for the particular project. Request For Qualifications. 31 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:23 - OfficialDocuments:674, Attachment Id 0, Page 38 ARTICLE SIX PROCUREMENT OF SERVICES 6.4 (CONTINUED SOLICITATION OF PROFESSIONAL SERVICES COVERED BY CCNA) E. RANKING OF FIRMS. The voting members of the selection negotiation committee, after discussions and/or presentations by each short listed firm, will vote on the final ranking. The ranking of firms shall indicate the committee's view of the firm that will best serve the interest of the County with factors considered such as the ability of prfessional personnel' past performance; willingness to meet time and budget requirements; location; recent, current, and a projected workload of the firm; the volume of work previously awarded to each firm by the County. F. RANKING REPORTED TO THE BOARD. On completion of the selection process, the committee shall report the ranking -of the f-irms­to—the—Us ing Division Director who shall immediately advise the members of the Board, in writing, of the three or more firms selects a and their ranking in order of preference. G. NEGOTIATIONS PROCEED IF NO CONCERN EXPRESSED BY BOARD. If no Commissioner indicates concern with the selection or ordering, the selection- and negotiation committee may proceed with negotiations. H. PROCEDURE IF A CONCERN IS EXPRESSED. If one or more Commissioners have concerns which cannot be resolved without changing the selection or ordering, a motion shall be placed before the Board to approve the selection and ordering and negotiation shall not proceed until the Board has taken approving action. I. NEGOTIATIONS. The negotiation committee may attempt to negotiate a contract with the highest ranked firm to perform services at a compensation which the committee determines to be fair and reasonable, if the committee is unable to negotiate a satisfactory contract with the firm obtaining the highest ranking, negotiations with that firm shall be formally terminated. The negotiation committee then shall undertake negotiations with the second ranked firm. If these 9W SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:23 - OfficialDocuments:674, Attachment Id 0, Page 39 6.4 6.6 6.7 DIU: ARTLCI,E SIX PROCUREMENT OF SERVICES (CONTINUED SOLICITATION OF PROFESSIONAL SERVICES COVERED CCNA) negotiations also prove unsatisfactory, negotiations shall_ again be terminated and the committee will negotiate, in turn, with each firm in accordance with their ranking by the committee, until an agreement is reached or the short list is exhausted, a new solicitation for Request For Qualifications must be initiated. J. AWARD OF CONTRACT. At the successful conclusion of negotiations, a contract, written by County Attorney, will be awarded and signed by the Board of County Commissioners based ori the recorumendations of the negotiation committee. A copy of the contract shall be transmitted to purchasing for the permanent file. EMERGENCIES UNDER CCNA The Board of County Commissioners is empowered by State Statue to declare the purchase of professional consulting services under CCNA to be an emergency. After such declaration the Board may direct that any part or all of the procedure mandated in this code and by CCNA be eliminated in accordance with the necessity r: of the situation. DETERMINATION OF CAPITAL PROJECT AMOUNT Each using agency, along with the Budget Director, shall make a good faith cost estimate of each capital project. When the estimate is within ten percent of the amount covered by CCNA, the using agency shall select a consultant pursuant to the CCNA procedures outlined by these Policies. PROFESSIONAL SERVICES ABOVE MANDATORY BID AMOUNT A. Professional services above mandatory bid amount not listed by CCNA or which are listed and are below the CCNA dollar limits, shall be procured by Request For Proposal whenever practicable under the same procedures as services covered by CCNA or alternates set forth in this Code and Administrative Regulations. 33 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:24 - OfficialDocuments:674, Attachment Id 0, Page 40 ARTICLE SIX PROCUREMENT OF SERVICES 6.8 (CONTINUED PROFESSIONAL SERVICES) B. Ali general services above mandatory bid amount whereby a price and other criteria may be quantitatively evaluated should be acquired by invitations for bid or request for proposals. The request for proposals shall indicate the evaluation criteria and the evaluation is to be made. The award of all general services shall be made by the appropriate awarding authority. C. AWARD. All formal multi-party contracts equal to or above the Mandatory Bid Amount shall be awarded by the Board and signed by the Chairman, Vice Chairman, or as otherwise provided by the Board. 6.9 REQUIREMENTS OF REQUEST FOR QUALIFICATIONS A. PROCUREMENT EOUAL -TO-OR-EXCEEDING MANDATORY BID AMOUNT. Procurements estimated to be equal to or to exceed the mandatory bid amount shall be procured by formally advertising requests for letters of interest and the responses treated as a formal bid. 6.10 PURCHASES OF PROFESSIONAL SERVICE (NON-CCNA) Professional services, not subject to CCNA, shall be procured utilizing these selection procedures for CCNA that are deemed appropriate for the services sought; provided, however that the fee restriction of CCNA shall not apply_. 6.11 EMERGENCY The Board of County Commissioners shall be empowered to enter into a contract with a particular provider of professional services not covered by CCNA or below CCNA limits if no other firm or individual may reasonably perform said services for the County. 6.13 FORMALITY OF RECEIPTS OF REQUEST FOR QUOTATIONS AND REQUESTS FOR PROPOSALS All formally solicited requests for proposals or requests for -Qualifications shall be treated as formal--- invitation orminvitation for bids. Any submission received after the date and hour of closing for receipts shall be rejected and returned to the submitter unopened, if possible, marked late receipt. SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:24 - OfficialDocuments:674, Attachment Id 0, Page 41 6.14 7.0 7.1 8.1 ARTICLE SIX CHANGE TO NEGOTIATED CONTRACTS Any changes to a contract specifically allowed in the contract) shall be in the form of a formal amendment approved by the appropriate awarding authority as indicated in Section 3.3 with equal dignity and formality as the original contract. SUPPLY MANAGEMENT DISPOSAL OF SURPLUS The Purchasing Division, when authorized shall ave power to sell or dispose o public auction, competitive sealed bidding other appropriate methods in conformance State Statutes. All sealed bidding shall under the recuiremen s of -this code a ase a p: by the Board, supe ies -by - trade in, or with Florida be processed PRE -LITIGATION RESOLUTION OF CONTROVERSIES AUTHORITY TO RESOLVE PROTESTED SOLICITATIONS AND PROPOSED A'W'ARDS A. RIGHT TO PROTEST. Any actual or prospective bidder or offerer who is aggrieved in connection with the solicitation or proposed award of a contract may protest to the Purchasing-Manager,--The—protest shall be submitted in writing within seven calendar days after such aggrieved person knows or should have known the facts giving rise thereto. B. DECISION. If the protest is not resolved by mutual agreement, the Purchasing Manager shall promptly issue a decision -in -writing, after consulting with the Department and Office of County Attorney. The decision shall: 1. State the reasons for -the -action -taken. Z. Inform the Protestant of his right to Administrative review. C. DISTRIBUTION. A copy of this decision shall be mailed or otherwise furnished immediately to the 35 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:24 - OfficialDocuments:674, Attachment Id 0, Page 42 ARTICLE SIX PROCUREMENT OF SFRVD 8.1 (CONTINUED RIGHT TO PROTEST 0 bTAY Ur' PFUC.UREM N'NT6 DURING ! 'RYAN'S . -m- ane -event of a timely protest under this section, the County shall not proceed further with the solicitation or with the award of this contract until a written determination is made by the Purchasing Manager and approved by Office of County Attorney or a written determination is made that the award of the protect the substantial interest of the County. 9.0 SOLICITATION OR AWARDS IN VIOLATION OF LAW OR RULES AND REGULATIONS 9.1 APPLICABILITY OF THIS PART The provisions of this part apply where it is determined administratively or }udiciai—review that & solie-itati-en; of law or rules and regulations. 9.2 REMEDIES PRIOR TO AN AWARD If prior to award it is determined that a solicitation or proposed award of a contract is in violation of these Policies, rules and regulations, the solicitation or proposed award shall be: A. Cabled; or B. Revised to comply with the law 9.3 REMEDIES AFTER AN AWARD - of award of a contract was in violation of these Rules and Regulations, then: A. GOOD FAITH OF VENDOR. If the person awarded the contract has not acted fraudulently or in bad faith: 1. The contract may be ratified and affirmed, provided it is determined that doing so is in the best interest of the county, or SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:24 - OfficialDocuments:674, Attachment Id 0, ARTICLE SIX PROCUREMENT OF SERVICES 9.3 (CONTINUED REMEDIES AFTER AN AWARD) 2. The contract may be terminated in a manner designed to eliminate any damages to the contractor. B. BAD FAITH OF VENDOR. If the person awarded the contract has acted fraudulently or in bad faith: 1. The contract may be declared null and void, or 2. The contract may be ratified and affirmed if such action is in the best interest of the county; such action does not prejudice the county's rights to such damages as may be appropriate. 9.4 DISCLAIMING RESPONSIBILITY FOR IMPROPER PURCHASING The Board may disclaim responsibility and liability for any expenditure or agreement for expenditure arising from a procurement made in its name, or the name of any governmental body under its authority by an unauthorized person or any person acting outside these Policies or their authorization or delegation as provided for by these Policies. The expense or any such disclaimed transaction will become the personal liability of the individual who acted improperly. 10.0 INTERDEPARTMENTAL RELATIONS 10.1 COOPERATIVE PURCHASING AUTHORIZED Indian River County Purchasing Division may either participate in, sponsor, conduct, or administer cooperative purchasing agreements for the procurement of any supplies, services or construction with one or more local public procurement units or external procurement units, in accordance with an agreement entered into between the participants. Such cooperative purchasing may include but is not limited to joint or multiple party contracts between party contracts between public procurement units and open end contracts which are made available to local public procurement units. The actual award shall be made by the appropriate awarding authority of Indian River County. The Purchasing Division is expressly authorized to purchase from contracts generated by the State of Florida and the 37 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:25 - OffcialDocuments:674, Attachment Id 0, Page 44 ARTICLE SIX PROCUREMENT OF SERVICE 10.1 (CONTINUED COOPERATIVE PURCHASING AUTHORIZED) General Services Alum inistration of the Federal Government as well as other units of the Federal Government. Such purchases are to be in accordance with the terms and conditions of the contract held by the State of Federal entity. 10.2 SALE ACQUISITION OR USE OF SUPPLIES BY A PUBLIC PROCUREMENT UNIT Indian River County Purchasing Division may sell to, acquire from or use any supplies or services belonging to a local public procurement unit or external procurement activity, independent of the requirements of thi.%----Code, with the award made by the appropriate awarding authority. 10.3 PUBLIC PROCUREMENT UNITS IN COMPLIANCE WITH CODE REQUIREMENTS Where a local public procurement unit or external procurement activity administer a cooperative purchase activity complying with the general requirements of this Code, the Indian River County Purchasing Division participating in such a purchase shall be deemed to have complied with code. 10.4 CONTRACT CONTROVERSIES Any controversies concerning the award or processing of a contract which has been entered into a cooperative basis shall be remedied under the rules and regulations of the entity advertising the contract. 10.5 AUTHORITY TO ENTER INTO CONTRACT BID BY OTHER GOVERNMENTAL UNITS The Purchasing Division shall have the authority to enter into a contract awarded by a public procurement unit of both the vendor and the public procurement unit agree to such an award of their contract and the procurement was accomplished under an open end and free competitive bid system. The actual award of such a contract shall be made by the applicable awarding authority. 38 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:25 - OfficialDocuments:674, Attachment Id 0, Page 45 ARTICLE SIX PROCUREMENT OF -SERVICES RISK MANAGEMENT IN PROCUREMENT A. BID SECURITY ALLOWED ON ANY SOLICITATIONS. The Purchasing Manager may require a Bid Security for any Bid Invitation or Request For Quotation issued by the Purchasing Division. The security shall be a bond provided by a surety company authorized to do business in this state or the equivalent in cash, certified check, cashiers check, irrevocable letter of credit or an alternate form of securitv for the same purpose, subject to the same Attorney as a bid security. B. AMOUNT OF BID SECURITY. Bid security shall be in C. REJECTION OF BIDS FOR NONCOMPLIANCE WITH BID SECURITY REQUIREMENTS. When the solicitation requires security, noncompliance mandates the bids be rejected, unless itis determined thatthie-bid the security requirements. Failure to supply bid security with the bid at the time of the bid opening shall automatically disqualify the bidder as non-responsive to the requirements. D. WID, OF BT . Aft bids are opened, they shall be irrevocable for 60 days or a period specified in the invitation for bids, except as provided in Section 3.2, of these Regulations. If a bidder is permitted to withdraw its bid before awa-r4, no action shall—betaken against th-e--bidder or the bid security. 12.2 PERFORMANCE AND PAYMENT BONDS Performance and payment bonds or equivalent acceptable security shall be required at the discretion of the Purchasing Manager. 39 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:26 - OfficialDocuments:674, Attachment Id 0, Page 46 f ARTICLE SIX 12.2 (CONTINUED BID OR PROPOSAL SECURITY) B. BOND MUST BE DELIVERED PRIOR TO ISSUING CONTRACT DOCUMENT. If required, a performance and payment bond satisfactory to the county, executed by a surety company authorized to do business in this State or otherwise secured in a manner satisfactory to the County shall be presented to the County prior to issuance of a contract document. C. SUBSTITUTES FOR BOND ACCEPTABLE. In lieu of a performance and payment bond, the county may accept cash, money order, certified check, cashiers check, or irrevocableletter of credit. Such—alternate form of securJtjrshall be ff for he same�u. ghse �^a shall be subject to the same conditions as a performance and payment bond. D. AUTHORITY TO- REQUIRE ADDITIONAL BONDS. Nothing in this section shall be construed to limit the authority of the Purchasing Manager to require a performance bond or other security in addition to those bonds, or in circumstances other than those specified -in this Code. 12.3 INDEMNIFICATION All contracts for services shall provide that the contractor shall indemnify and save harmless the county, its officers, agents and empIoyees from any injuries or damages received by any—per-son—during anioperations connected with the contract, or by use of any improper materials or by any act or omission of the contractor or his subcontractor, agents, servants or employees. 12.4 INSURANCE REQUIREMENT The Risk Management Division will review, as requested, special conditions and instructions to bidders for the solicitation of bids or quotations for supplies, services, or construction. The Risk Management Division will complete a sample certification reflecting the insurance requirements which shall be contained in the solicitation documents. 40 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:26 - OfficialDocuments:674, Attachment Id 0, Page 47 i iIFI Ak O t}' ARTICLE SIX PROCUREMENT OF -SERVICE 12.4 (CONTINUED INSURANCE REQUIREMENT) Upon awarding of a bid orquotation, n, Risk -Management Divisionwill review insurance ert f; ,,ati nS —,-approviq those which comply with the requirements of the solicitation. Non -approved certifications will be returned to the Purchasing Division with the reasons for non -approval and instructions as to how the certification may be corrected. The Risk Management Division will advise the Purchasing Division of cancellation or failure to maintain insurance upon receipt of notification. The Purchasing Division shall not_ allow any. _contract to continue without _proper insurance in effect after they have been so notified of the lapse of the requisite insurance. 13.0 COMPLIANCE WITH ALL APPLICABLE LAWS 13.1 LAW AND GRANT REQUIREMENT In any situation where compliance with this Code will place the County in conflict with the State or Federal law or the terms of any grant, the county shall comply with such Federal or—State law, grant requirements, or authorized- regulations_ which are mandator applicable and which are either not reflected in this Code or are contrary to provisions of this Code. eh/PURCHASE.NOV Revision 11/14/90 41 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:26 - OfficialDocuments:674, Attachment Id 0, Page 48