Okaloosa County BOCC — May 17, 2013 — Procurement Manual PROPOSED Transit Language 4-22-13 — reading text

requests for proposals may provide for alternate bids or proposals on different articles or quantities of material (e.g., where two or more articles will be equally acceptable to the BCC depending upon relative price); however, the alternate articles or quantities must be precisely described to assure that the same degree of competition is obtainable. f Formal Advertising - Formal advertising means purchases and sales by competitive bids and awards, and involves the following steps: ¾ Determining whether an Invitation for Bid, Request for Proposal, or an Architectural and Engineering services process is appropriate; ¾ Preparation of the invitation for bids, describing the BCC’s requirements clearly, accurately, and completely, but avoiding unnecessary restrictive specifications or requirements which might unduly limit the number of bidders; ¾ Publicizing the invitation for bids, through distribution to prospective bidders and advertising; ¾ Submission of bids by prospective contractors; and ¾ Awarding the contract, after the bids are publicly opened, to that responsible bidder whose bid, conforming with all material terms, and conditions of the invitations for bids, is the lowest in price, and; ¾ Where specified in the bidding documents, factors such as DBE participation, discounts, transportation costs, and life cycle costs will be considered in determining which bid is lowest. g Written Record of Procurement History – As provided for in FTA Circular 4220.1F, the extent of documentation should be reasonable. Documents included in a procurement history should be commensurate with the size and complexity of the procurement itself. FTA recognizes that these written records will vary greatly for different procurements. For example, a receipt or bill accompanying a $100 credit card purchase might contain all of the required information to 5  FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS support that procurement. Procurements that are more substantial may require extensive documentation. Large purchases will be documented by written procurement selection procedures. Such documentation may include records of specifications, plans and drawings, purchase descriptions, and alternate articles, in addition to formal advertising. Each contract file will contain documentation of actions taken with respect to the purchase, sale, or contract, including final disposition to constitute a full history of the transaction in order to: ¾ Support actions taken by various employees of the BCC in connection with the purchase, sale, or contract; ¾ Provide information for reviews conducted by the Board or others having the right to conduct such reviews; and ¾ Furnish essential facts in the event of legal proceedings. In the case of purchases, sales, or contracts in which formal advertising is required, each file will include the following data, in addition to such records as may be required by the above paragraph: ¾ Rationale for the method of procurement; ¾ Selection of contract type; ¾ Basis for contract price; ¾ A copy of the budget or engineering estimates; ¾ A copy of valid approval or request for the purchase, sale, or request, or appropriate preference thereto; ¾ A list of the bidders solicited or a memorandum explaining why the list of bidders was limited; ¾ A copy of the invitation for bids, or request for proposal, including any drawings and specifications, or a reference thereto; ¾ One copy of each signed bid or proposal received; ¾ A record of the abstract of bids; ¾ A document showing the reasons for the selection of the successful contractor; ¾ A copy of the contract or award; ¾ All pertinent correspondence; ¾ Copies of all amendments or supplements to the contract, with supporting documents; and ¾ Any additional documents reflecting actions peculiar to the specific purchase or sale; and ¾ Documentation of late bids. 2 Invitation for Bid (IFB) In order to ensure that the sealed bidding process is feasible, the BCC will make every effort to ensure that: A complete, adequate, and realistic specification or purchase description is available; ¾ Two or more responsible bidders are willing and able to compete effectively for the business; & 6  FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS ¾ The procurement lends itself to a firm fixed price contract when feasible, and the selection of the successful bidder can be made principally on the basis of price. ¾ No discussion with bidders is needed. a. Contents of Invitation for Bid: Invitation for bids will contain the applicable information described, and any other information required for a particular purchase or sale. In the case of purchases, the invitation for bids will contain the following information, if applicable to the purchase involved: ¾ the BCC’s address and name of issuing activity; ¾ Date of issuance; ¾ Date, hour, and place of opening; ¾ Description of the supplies or services to be furnished by the bidder in sufficient detail to permit full and free competition; ¾ Time of delivery or performance requirements; ¾ Permission, if any, to submit alternate bids; ¾ Permission, if any, to submit telegraphic bids; ¾ Bid Guarantee, performance bond, and payment bond requirements, if any; ¾ When considered necessary, a requirement that all bids must allow a period for acceptance by the BCC of not less than a minimum period stipulated in the invitation for bids, and that bids offering less than the minimum stipulated acceptance period will be rejected (the minimum period so stipulated should be no more than reasonably required for evaluation of bids); ¾ In cases where bidders are required to have special technical qualifications, a statement of such qualifications; ¾ Directions for obtaining copies of any documents, such as plans, drawings, and specifications, which have been incorporated by reference; ¾ A statement that the BCC reserves the right to reject any or all bids; and ¾ A statement that the BCC reserves the right to cancel the invitation to bids, at its sole discretion, without penalty. ¾ A statement that bids received after the exact time set for opening are “late bids,” and will not be considered for award, except in certain circumstances, such as registered or certified mail that was not delivered on a timely basis, or it was determined that there was mishandling on the BCC’s part. ¾ A statement that any modifications or bid withdrawals must be received prior to the set time for bid opening. ¾ Standard contract provisions provided by the Federal Transit Administration, as applicable. the BCC will access boilerplate instructions and conditions that contain general and special provisions for certain contract types. ¾ In the case of sales, the invitation for bids will contain a description of the property to be sold by the BCC in sufficient detail to permit full and free competition. b. Methods for Soliciting Invitations for Bids - Specific methods used in solicitation of bids may include the following: All purchases and sales in which 7  FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS formal advertising is required will be awarded only after publication of the essential details of the invitation for bids in a newspaper of general circulation in the metropolitan area at least two weeks prior to the bid opening. ¾ A reasonable number of copies of invitations for bids, including specifications and other pertinent information, will be maintained at the BCC’s Purchasing office. Upon request, prospective contractors not initially solicited may be provided copies of such invitations for bids to the extent they are available. c. Receipt and Safeguarding of Bids will be as follows: ¾ All bids (including modifications) received prior to the time of opening will be kept secure, and except as provided in the paragraph below, unopened. ¾ If an invitation for bids is canceled, or if a bidder effectively withdraws their bid in accordance with the specifications set forth, all bids, or the withdrawn bid, as the case may be, will be returned to the bidder(s). ¾ Unidentified bids may be opened solely for the purpose of identification, and then only by an official specifically designated for this purpose by the Purchasing Director. ¾ If a sealed bid is opened by mistake, the person who opens the bid will immediately write his/her signature and position on the envelope, along with the date and time opened, as well as an explanation of why/how it was opened. The envelope will then be delivered to the Purchasing Director, and will be resealed. d. Opening of Bids - The following steps are taken in regard to the opening of bids: ¾ The Purchasing Director and/or a designee will decide and set the time for bid opening, and will so declare to those present. He/she or a designated official of the BCC will then personally and publicly open all bids received prior to that time, and when practicable, read them aloud to the persons present, and have the bids recorded. The original of each bid will be carefully safeguarded until the Abstract of Bids has been made and its accuracy verified. ¾ Examination of bids by interested persons will be permitted if it does not interfere unduly with the performance of the BCC’s business. However, original bids will not be allowed to pass out of the hands of an official of the BCC, unless a duplicate bid is not available for public inspection. In such cases, the original bid may be examined by the public only under the immediate supervision of an official of the BCC, and under conditions that preclude possibility of a substitution, addition, deletion, or alteration in the bid. ¾ Bids will not be opened if a protest is received within the time limits specified in the protest procedures within this document. e. Recording of Bids - All legitimate bids will be abstracted and recorded on the “Abstract to Bids” document. Information recorded will include: ¾ An identification of the invitation for bids; ¾ Opening date ¾ General description of the item/contract being purchased or sold 8  FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS ¾ Names of each bidder ¾ Prices bid ¾ And any other information required by bid evaluation When the items are too numerous to warrant the recording of all bids completely, entry should be made of the opening date, general description of the material, item number, and the price bid. The abstract will be completed as soon as practicable after the bids have been opened. When all bids have been opened, the Purchasing Director will so certify on the abstract. f. Award of Bids - In the awarding of bids, the BCC will execute the following actions: ¾ Unless all bids are rejected, recommendation of award will be made by the Purchasing Director after approval by the Board of County Commissioners, within the time for acceptance specified in the bid,