Okaloosa County BOCC — October 5, 2013 — County Administrator Bid Protest recommendation with exhibits — reading text

The Sand Raker, LLC, 5827 28" Lane East, Bradenton, FL 34203 by U.S. Mail and to Ernie Padgett, County Administrator, 1804 Lewis Turner Blvd., Suite 400, Ft. Walton Beach, FL 32547 by hand delivery and by email to: epadgett@co.okaloosa.fl.us, and to John Hofstad, proposed acting County Administrator by email to: johofstad@co.okaloosa.fl.us, and to John R. Dowd, Sr., Atroupey for Okaloosa County, by email to: jrdowdsr@co.okaloosa.fl.us on this [6 day of Sopr , 2013. KAREN POWELL WARD, ESQ. Florida Bar Number 196320 Page 8 of 8 Sep 12 2013 6:22AM SANDMAN,LLC 8506547710 p-1 f Board of County Commissioners Purchasing Department ' State of Florida September 6, 2013 |. Sandman LLC a Mr. Taylor Ward 762 Benning Drive Destin, FL 32541 Mr. Ward: This letter is to inform you that through review of bids received to provide beach cleaning services for the Okaloosa County Tourism Department, The recommendation will be to award to The Sand Raker Company, they being the low — bidder meeting specifications. The County appreciates your work in the past and has always considered it to be very good. We wish you continued success in the future. , Sincerely, - LBA. pe a 7 a a oo Richard L. Brannon Purchasing Director 602 C North Pearl Street Crestview, FL 32536 Ce: Jim Trifilio, TDD Eien a 602-C North Pear! Street, Crestview, Fl. 32536-2749 Voice; (850) 689-5960 Fax: (850) 689-5970 Receipt for Documents Received this _/ O day of ze _, 2013 the following: CoverLettérto-County Administrator dated 9-10-13 Notige of Intent to Challenge Purchasing Department Recommendation RE: Bid # TDD 56-13 (by Wusbe, (3 pagyo Sionatye& Tile 2 ari eir & LOCAL PREFERENCE DATA SHEET Refer to Special Bid Condition Does the state, county, municipality or political subdivision in which your fi irm is located offer a preference to. their local bidders? . (If your firm’ is located in, Okal oosa County, you. will check “NO.") If “YES,” list below the extent of such preference, a YES NO HK He. FE Si <n Le ut Le _ (rth: Prolkt- _ Bidder’s Company Namé- |”. Authofized Signature - MpBual Gast eres neal Cob _ ORT. Looe mm EMall "Authorized Signature - Typed “120. Municode http://library.municode.com/print.aspx?h=&clientID=10428&HTMR... Sec. 2-26-6. Local preference, tie bids, local business defined. (a) Whenever a responsible local business bidder and a responsible nonlocal business bidder are found, upon the opening of bids, to have both submitted the lowest responsive bid, the bid of the local bidder shall be awarded the contract. Should more than one responsible local business bidder match the responsible nonlocal business bidder's lowest responsive bid, or should no responsible local business bidder match the lowest responsive bid but two (2) or more responsible nonlocal business bidders submit lowest responsive bids for equal amounts, then the award of the contract shall be determined by a chance drawing, coin toss, or similar tie-breaking method conducted by the purchasing office and open to the public. Any bidders seeking to be recognized as local businesses for purposes of this local business preference provision may be required by the terms of the bid announcement to certify they meet the definition of local business set forth in this section, and to register as a local business with the county in the manner prescribed by the county to facilitate the county's ability to track the award of contracts to local businesses and to allow the county to provide future notifications to its local businesses concerning other bidding opportunities. (b) Nothing herein shall be deemed to prohibit the inclusion of requirements with respect to operating and maintaining a local place of business in any invitation for bids when the bidder's location materially affects the provisions of the services or supplies that are required by the invitation. (c) Local business is defined as a business legally authorized to engage in the sale of the goods and/or services to be procured, and which certifies within its bid that for at least six (6) months prior to the announcement of the solicitation of bids it has maintained a physical place of business in Manatee, Desoto, Hardee, Hillsborough, Pinellas or Sarasota County with at least one full-time employee at that location. (d) Each solicitation for bids made by the county shall contain terms expressly describing the local business preference policies of the county, and shall provide that by electing to submit a bid pursuant to a request for bids, all bidders are deemed to understand and agree to those policies. (e) For all contracts for architecture, professional engineering, or other professional services governed by Florida Statutes, Section 287.055, the Consultants’ Competitive Negotiation Act, the county shall include the local business status of a firm among the factors considered when selecting which firms are "most highly qualified." In determining which firm is the "most qualified" for purposes of negotiating a satisfactory contract, preference shall be given to a local business where all other relevant factors are equal. (f) Local preference shall not apply to the following categories of contracts: (1) Goods or services provided under a cooperative purchasing agreement or similar "piggyback" contract; (2) Contracts for professional services subject to Florida Statutes, Section 287.055, the Consultants' Competitive Negotiation Act, except as provided for in subsection (f) above; (3) Purchases or contracts which are funded, in whole or in part, by a governmental or other funding entity, where the terms and conditions of receipt of the funds prohibit the preference; (4) Purchases or contracts made pursuant to a noncompetitive award process, unless otherwise provided by this section; (5) Any bid announcement which specifically provides that the general local preference policies set forth in this section are suspended due to the unique nature of the goods or Exhibit "4" 1 of 2 9/ Municode http://library.municode.com/print.aspx?h=&clientID=10428&HTMR... services sought, the existence of an emergency as found by either the county commission or county administrator, or where such suspension is, in the opinion of the county attorney, required by law. (9) To qualify for local preference under this section, a local business must certify to the county that it: (1) Has not within the five (5) years prior to the bid announcement admitted guilt or been found guilty by any court or state or federal regulatory enforcement agency of violation of any criminal law, or a law or administrative regulation regarding fraud; (2) Is not currently subject to an unresolved citation or notice of violation of any Manatee County Code provision, except citations or notices which are the subject of a current legal appeal, as of the date of the bid announcement; (3) Is not delinquent in the payment of any fines, liens, assessments, fees or taxes to any governmental unit or taxing authority within Manatee County, except any such sums which are the subject of a current legal appeal. (Ord. No. 08-43, § 1, 8-26-08; Ord. No. 09-21, § 3, 3-17-09; Ord. No. 09-23, § 1, 3-17-09) Sec. 2-26-8. Environmental and energy preservation requirements. When developing any procurement standards or procedures, or when engaging in any procurement activities including but not limited to developing bid specifications or proposal requests, designing projects for construction, or specifying goods to be purchased, the county administrator and purchasing official shall make efforts, within authorized budget limits, to ensure those activities address and embrace the goals of preservation of natural resources, reduction of environmental impact, and increasing energy efficiency. (Ord. No. 08-43, § 1, 8-26-08; Ord. No. 09-52, §§ 4, 5, 7-28-09) 2 of 2 9/22/2013 9:21 AM