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

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  FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS 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  FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS 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 rationale for the change, change orders issued, and documentation reflecting any time and or increases to or decreases from the contract price as a result of those modifications; • Documentation regarding settlement of claims and disputes including, as appropriate, results of audit and legal reviews of the claims and approval by the proper authority (i.e., city council, board of directors, executive director) of the settlement amount; • Documentation regarding stop work and suspension of work orders and termination actions (convenience as well as default); and • Documentation relating to contract closeout. 15  FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS IX. Contract Clauses A. Required Contract Clauses The BCC maintains a current list of required contract clauses applicable to contract type as required by the FTA. When establishing contract agreements, all contracts will include provisions to define a sound and complete agreement. the BCC will also refer to the U.S. DOT FTA Master Agreement (reviewed annually), FTA C4220.1F (as amended), and the annual FTA Triennial Review Workbook. B. General Contract Clauses The BCC will secure, when applicable, a boilerplate of general contract clauses for purchases where such a boilerplate would be beneficial during the solicitation. C. Special Contract Clauses and Additional Special Contract Clauses Special contract clauses may be applied selectively to purchases based on contract type or some other variable criteria. In the case of special contract clauses, the BCC may consult FTA rules and regulations and/or the BCC General Counsel, before such clauses are incorporated into any contract agreement. D. Procuring Equipment or Materials Using Option Clauses 1 Definition of Option Contract An option is a unilateral right in a contract by which, for a specified time, the BCC may elect to purchase additional equipment, supplies, or services called for by the contract, or may elect to extend the term of the contract. 2 FTA Requirements for Option Contracts If the BCC elects to use option clauses in contracts, the FTA requires the following: ¾ Evaluation of Options. The option quantities or periods contained in the contractor’s bid or offer must be evaluated in order to determine contract award. When options have not been evaluated as part of the award, the exercise of such options will be considered sole source procurement, and will be subject to a cost or price analysis before exercising. ¾ Exercise of Options. The BCC will ensure that the exercise of an option is in accordance with the terms and conditions of the option stated in the initial contract award. It will also be determined that the option price is better than prices available in the market or that the option is the more advantageous offer prior to the option being exercised. 3 Purchasing Options on Other Grantee’s Bus Procurement (Piggybacking) 16  FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS In the event the BCC elects to purchase options on another grantee’s bus procurement, the BCC may use said options after first determining that the original contract price remains fair and reasonable, and the original contract provisions are adequate for compliance with all Federal requirements. The BCC is not required to perform a second price analysis if a price analysis was performed for the original contract. However, FTA expects the BCC to determine whether the contract price or prices originally established are still fair and reasonable before using those rights. the BCC will utilize the piggybacking guidance as set forth in the FTA’s “Best Practices Procurement Manual” and Triennial Review Workshop for further information about procurements through assignment of another’s contract rights. X. Contract Guidance A. Maximum Length of Service and/or Supply Contracts In instances where the BCC may find it feasible to extend a contract beyond five years, the Transit Coordinator and Grants Manager will request a waiver from the FTA regional office. Full documentation and justification for such waivers will be submitted in writing. Contracts for rolling stock are not permitted for longer than five years. Specifically, the BCC may not exercise any options for rolling stock after five years from the date of the original award