Okaloosa County BOCC — May 17, 2013 — reading text

Attachment: Procurement Manual PROPOSED Transit Language 4-22-13 [Revision 1] (1655 : FTA Requirements Appendix added to Purchasing g. Award Based on Initial Proposals - the BCC may accept one of the initial proposals if it can be demonstrated that acceptance of the most favorable initial proposal without discussion will result in a fair and reasonable price. Solicitations for proposals will contain a notice that award may be made without discussion of proposals received, and that proposals should be submitted initially on the most favorable terms possible, from a price and technical standpoint. h. Withdrawal of Proposal - In order to avoid frivolous offers, or offers submitted with the sole intention of casting light on other offers, the solicitation for the request for proposals will state a date and time by which offers must be submitted, and a period following that date during which offers remain firm. Proposers will be allowed to withdraw or modify their proposals up to the time due. However, it will also be stated that after that date all proposals are firm and cannot be withdrawn, regardless of whether the proposer has had second thoughts. i. Debriefing Unsuccessful Offerors - the BCC will maintain complete records on its award decision, and how it came to that decision. the BCC will remain as objective as possible in making that decision. In the event a proposer was excluded from competitive range, and requests a debriefing, the Purchasing Director, at his/her discretion will offer a candid explanation of the process. However, if the BCC foresees that a dispute is probable, it is not required to notify or debrief unsuccessful offerors. 4 Procurement of Architectural and Engineering Services (A&E) When procuring architectural, engineering, or related services, the BCC will use competitive proposal procedures based on the Brooks Act, as defined in 40 U.S.C. §541 and Florida Statute 287.055. Other types of services considered A&E services include program management, construction management, feasibility studies, preliminary engineering, design, surveying, mapping, and services which require performance by a registered or licensed architect or engineer. Provided a sufficient number of qualified firms are eligible to compete for the third party contract, the contractor’s geographic location may be a selection criterion. 5 Procurement by Noncompetitive Proposals (Sole Source) Sole source procurements are procurements accomplished through solicitation or acceptance of a proposal from only one source, or after solicitation of a number of sources, competition is determined inadequate. A contract amendment or change order that is not within the scope of the original contract is also considered a sole source procurement that must comply with the guidelines below. The Purchasing Director must negotiate sole source procurements. 12 Packet Pg. 189  5.13.b FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS Attachment: Procurement Manual PROPOSED Transit Language 4-22-13 [Revision 1] (1655 : FTA Requirements Appendix added to Purchasing a. General Guidelines for Sole Source Procurements Procurement by noncompetitive proposals may be used when the award of a contract is infeasible under small purchase procedures, sealed bids, or competitive proposals and at least one of the following circumstances applies: ¾ The item is available only from a single source (i.e. utility services, checking prior procurements for the same or similar items, no identical or compatible parts or equipment available from any other source); ¾ The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation (i.e. health and safety concerns); and ¾ FTA authorizes noncompetitive negotiations. After solicitation of a number of sources, competition is determined inadequate, and after determining that the solicitation process was conducted appropriately, the BCC may enter into negotiations with a single bidder. b. Sole Source Justifications All sole source procurements and small purchases must include a written cost or price analysis in accordance with FTA rules. In addition, the circumstances necessitating sole source procurement should be included in the written cost or price analysis. 6 Single bids In the event the BCC advertises through Invitation for Bid, or Request for Proposals, and receives only one bid, before award of such bid, the Purchasing Director will re- evaluate the process to determine if the invitation or proposal inadvertently disqualifies some potential competitors. Other factors that will be taken into consideration are the market conditions during the period of procurement, and comments from respective bidders regarding the requirements in the bid. If it is determined that the initial invitation or proposal inadvertently disqualified some potential competitors, the requirements will be revised, and re-advertised. If after evaluation it is determined that the process and requirements set forth were not unnecessarily restrictive, the BCC may make a decision to award the contract to the single bidder. In such a case, a cost or price analysis will be performed, and determination that the price is fair and reasonable will be established, using the guidelines in the section on cost and price analysis. Documentation as to the reason for the single bid will be maintained. 13 Packet Pg. 190  5.13.b FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS Attachment: Procurement Manual PROPOSED Transit Language 4-22-13 [Revision 1] (1655 : FTA Requirements Appendix added to Purchasing 7 Awards to Other than the Lowest Bidder the BCC may award a third party contract to other than lowest bidder, when such an award is in the best interest of the BCC. VII. Protest Procedures Bid Protests - The Director of Purchasing or his/her representative shall post a tabulation of bids received along with the intended award recommendations or a short list of proposers on the bulletin board in the Purchasing Department. Any person allegedly adversely affected by the decision or intended decision of award must file a written notice of protest within 72 hours after posting of the award recommendation. This notice must be delivered to the County Administrator and must contain the following: 1. The protestant's business name, address and phone number 2. The solicitation involved 3. A clear statement as to the grounds of protest (applicable statutes, ordinances, laws, etc.) 4. Specifically request the relief to which the protestant deems itself entitled. Failure to file a written notice of protest within the time period specified shall result in relinquishment of all rights of protest by the vendor. A. Pre-award Protests Pre-award protests must be received by the BCC no less than ten (10) working days before the scheduled bid opening. The BCC will respond to the protest in writing and render its final decision at least five (5) working days prior to bid opening. The BCC will report such protests to the FTA regional office. B. Post-award Protests Post-award protests will be received no later than five (5) working days after notification of the award bid. The BCC will have ten (10) working days after receipt of the formal protest package to evaluate, and issue a response, except in cases where the Board has awarded the original bid. In such cases, the decision to protest will be handled at the next regularly scheduled Board meeting, following completion of the staff review of the protests. The BCC will report such protests to the FTA regional office. C. Appeals to FTA It is the responsibility of the BCC to settle contract issues and disputes. The BCC is committed to using good sound administrative practices and business judgments, as well as professional ethics. Reviews of protests by FTA will be limited to alleged failure by the BCC to have followed proper protest procedures, or its failure to review a complaint or protest. Protesters dissatisfied with the BCC’s final decision may appeal to FTA 14 Packet Pg. 191  5.13.b FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS Attachment: Procurement Manual PROPOSED Transit Language 4-22-13 [Revision 1] (1655 : FTA Requirements Appendix added to Purchasing regional or Headquarters Office within five (5) working days of the date the protester knew or should have known of the violation. VIII. Contract Administration System The BCC will actively manage all contracts. The BCC employee that requested the service or goods will be assigned to this task. If not performed by the person requesting the goods or services an assigned staff member by the person requesting the goods or services will be allowed. As part of the requirement, the BCC will maintain adequate technical capacity to carry out projects and comply with the Common Grant Rules. Contract administration to third party contracting will be maintained to undertake procurements effectively and efficiently in compliance with applicable Federal, State, and local requirements. The BCC will utilize a contract administration system to ensure that it and its third party contractors comply with the terms, conditions, and specifications of their contracts or purchase orders and applicable Federal, State and local requirements. For sealed bid procurements and competitive negotiations, the BCC Transit Coordinator and Grants Manager will ensure that the following documentation is maintained in a file in regards to FTA funded contracts: • The executed contract and notice of award; • Performance and payment bonds, bond-related documentation, and correspondence with any sureties; • Contract-required insurance documentation; • Post-award (pre-performance) correspondence from or to the contractor or other Government agencies; • Notice to proceed; • Approvals or disapprovals of contract submittals required by the contract and requests for waivers or deviations from contractual requirements; • Modifications/changes to the contracts including the