Sarasota County Procurement Manual

Transcription

1 Sarasota County Procurement Manual

2 Chapter 1 - Authority and Purpose... 2 Chapter 2 - Applicability... 2 Chapter 3 - Ethical Standards... 3 Chapter 4 - Delegated Authority... 3 Chapter 5 - Local Preference... 7 Chapter 6 - Threshold Levels and Procurement Standards... 8 Chapter 7 - Procurement Methods... 8 Chapter 8 - Waivers of Competition...20 Chapter 9 - Construction Contracts...21 Chapter 10 - Protests...21 Chapter 11 - Contract Disputes or Claims...22 Chapter 12 - Suspension or Debarment...22 Chapter 13 - Insurance and Bonding...22 Chapter 14 - Audit Rights...23 Chapter 15 - Reserved Rights...23 Chapter 16 - Unauthorized Purchases...23 Chapter 17 - Compliance with State and Federal Requirements...24 Chapter 18 - Environmentally Preferred Procurement...24 Chapter 19 - Provisions Held Unconstitutional...24 Chapter 20 - Transparency of Solicitation Documents...24 Chapter 21 - Payment Mechanisms...24 Chapter 22 - Contracts...25 Chapter 23 - Term Contracts...26 Chapter 24 - Public Private Partnerships...27 Chapter 25 - Definitions NIGP Standards...27 Supplemental Resources...28 Page 1 of 28

3 1.0 Reference Procurement Code Section Introduction and Approval ofthe Manual Chapter 1 - Authority and Purpose A. The Procurement Division provides centralized procurement support and services to county departments and other offices, including appointed and elected officials, who elect to utilize Procurement Division services. This Manual shall govern the procurement activity of all departments and divisions under the Board ~f County Commissioners of Sarasota County. B. The reader is reminded to consider all ofthe information in this Manual, as well as Standard Operating Procedures and forms, when undertaking procurement activities. C. Approval of this Manual by the County Administrator pursuant to Article (c) of the Sarasota County Procurement Code: Effective Date: -..., onathan R. Lewis County Administrator Sarasota County Government 7,_..&-=c-J /4t,/;s l..., 1.2 Modifications to this Manual A. Modifications to this Procurement Manual shall be effective when the revised document is approved in writing by the County Administrator and a new effective date is assigned. B. Standard Operating Procedures (SOP's) for procurement processes shall become effective upon adoption by Procurement. Chapter 2 - Applicability 2.0 This Chapter implements Procurement Code Section General Provisions The authority to solicit for and enter into contracts provided herein requires strict compliance with the standards and procedures established in this Manual, the Sarasota County Procurement Code, and any applicable provisions ofstate or Federal Law. A. The requesting department shall be responsible for development ofall plans and specifications sufficiently detailed to provide a basis for full and fair competitive solicitation. The Procurement Division will provide support and input during this process. B. Requesting constitutional officers or appointed officials may opt out of following the provisions ofthe Procurement Code by notifying the Procurement Official in writing. C. Environmentally Preferred Procurement standards are expressed in the Procurement Code Section The requesting department and the Procurement staff shall jointly be accountable for applying these standards to all purchases to the extent that this is feasible. D. Procurement may require the requesting department to provide a market analysis prior to issuing a solicitation. Pagel of28

4 E. The availability of funds for the current fiscal year shall be confirmed prior to any transaction or execution of any contract. Chapter 3 - Ethical Standards 3.0 This Chapter implements Procurement Code Section Ethical Standards Sarasota County shall conduct the procurement process in an ethical, fair and transparent manner. The standards for such conduct are detailed in Florida Statutes and Procurement Code as follows: A. County employees, officers and agents shall adhere to the Code of Ethics for Public Officers and Employees as set forth in Part III of Chapter 112, Florida Statutes. B. The Procurement Code sets forth Ethical Standards in Section which includes application of administrative actions for violation by either employees or vendors. C. Vendors which violate the Ethical Standards are subject to Suspension or Debarment as set forth in the Procurement Code Section and Chapter 12 of this Procurement Manual. Chapter 4 - Delegated Authority 4.0 This Chapter implements Procurement Code Section In accordance with Section of the Procurement Code, the County Administrator shall appoint a Procurement Official. A. The Procurement Official shall have the delegated authority for the procurement and contracting of goods and services. B. The Sarasota County Board of County Commissioners (Board) establishes delegated spending authority by Resolution. C. Delegations to the County Administrator: 1. The County Administrator is authorized to approve contracts and related documents in accordance with Resolution No D. Delegations to the County Attorney 1. The County Attorney is authorized to approve contracts and related documents in accordance with Resolution No E. Delegations to the Procurement Official 1. The County Administrator delegates to the Procurement Official authority to approve Procurement contracts, amendments, renewals, extensions and other ancillary documents in accordance with Resolution No , as described below. 2. New Contracts a. For Term Contracts, up to $50,000 per contract year. Multi-year contracts may exceed $50,000 in expenditures in any year provided the total contract amount does not exceed an average of $50,000 per contract year for the initial term. b. For Fixed Fee Agreements and Leases for personal property, up to $50,000 per contract year. The highest expenditure in a contract year for the initial term shall determine the approval authority. Page 3 of 28

5 c. For Project agreements, up to $50,000 for the entire contract. d. For Project Plus Agreements, up to $50,000 per contract year. The highest expenditure in a contract year for the initial term shall determine the approval authority. e. For Revenue Contracts, up to $50,000 per contract year, based on the total maximum anticipated income for any one contract year for the initial term. In the event the revenue realized exceeds $50,000 in a contract year, the amount of actual revenue shall be reported to the Board. 3. Amendments, Renewals, or Extensions of Contracts Not Approved by the Board The Procurement Official is authorized to approve amendments, renewals or extensions of contracts that have not been approved by the Board, so long as the resulting contract amounts do not exceed those stated for initial terms in Section 2. Renewal terms shall be treated as initial terms for the purpose of determining approval authority. 4. Amendments of Board Approved Contracts The Procurement Official is authorized to approve amendments to contracts previously approved by the Board, provided the cumulative total contract amount does not exceed the Board approved contract amount for the current term (either initial, renewal or extension term) by more than $50, Renewals of Board Approved Contracts a. The Procurement Official is authorized to approve renewals of contracts previously approved by the Board, as follows: (i) (ii) (iii) (iv) For Term Contracts, up to the one year renewal amount for each year of the renewal. The one year renewal amount is determined by dividing the total dollar amount for the initial term of the contract by the number of years in the initial term. For multi-year renewals, the one year renewal amount is multiplied by the number of years in the renewal to determine the multi-year renewal amount. Subsequent renewals shall have the same limits as the initial renewal term. For Fixed Fee agreements and leases for personal property, up to the one year renewal amount for each year of the renewal. The highest single contract year dollar amount shall be the one year renewal amount. For multi-year renewals, the one year renewal amount is multiplied by the number of years in the renewal to determine the multi-year renewal amount. Subsequent renewals shall have the same limits as the initial renewal term. For Project Plus agreements, up to the one year renewal amount for each year of the renewal. The highest single contract year dollar amount (not including project costs) shall be the one year renewal amount. If the highest single contract year is below $50,000, the Procurement Official may increase the oneyear renewal amount up to $50,000. For multi-year renewals, the one year renewal amount is multiplied by the number of years in the renewal to determine the multi-year renewal amount. Subsequent renewals shall have the same limits as the initial renewal term. For Revenue Agreements, up to the one year renewal amount for each year of Page 4 of 28

6 the renewal. The highest single contract year dollar amount shall be the one year renewal amount. For multi-year renewals, the one year renewal amount is multiplied by the number of years in the renewal to determine the multi-year renewal amount. Subsequent renewals shall have the same limits as the initial renewal term b. Renewals after Board approved renewal. Where the Board approved the prior contract renewal, up to the one year renewal amount for each year of the renewal. The one year renewal amount is determined by dividing the current dollar amount for the renewal term by the number of years in the renewal term. For multi-year renewals, the one year renewal amount is multiplied by the number of years in the renewal to determine the multi-year renewal amount. c. Renewals of Contracts with escalation clauses. Any contract previously approved by the Board which sets forth the dollar amount for a renewal term by means of an escalation clause may be approved by the Procurement Official. 6. Extensions The Procurement Official is authorized to approve extensions to contracts previously approved by the Board, provided the cumulative total dollar amount does not exceed the Board approved contract amount for the term to be extended by more than $50, Ancillary Documents The Procurement Official is authorized to approve ancillary, indemnity agreements, assignments and assumptions, and terminations 8. Purchases without formal contracts For purchases made solely by a purchase order, the Procurement Official is authorized to approve purchases in an amount up to $50, The Procurement Official may delegate this authority in writing. F. Additional Delegations 1. Professional Services Library Agreement Work Assignments Department Directors may approve individual work assignments up to $150, for a Professional Services Library Agreement that was previously approved by the Board of County Commissioners. 2. Unit Price Contract Work Assignments Department Directors are delegated to approve individual work assignments up to $100,000 for Unit Price Contracts previously approved by the Board of County Commissioners. The determination of whether a contract is classified as a Unit Price Contract shall be made by the Procurement Official. 3. Communication Connection Services The Chief Information Officer may approve communication service connection agreements up to $100,000. This includes such services as cable, satellite, radio, telephone and other services related to communication. Page 5 of 28

7 4. The above delegations supercede delegations previously issued by the County Administrator for Professional Services Library Work Assignments, Communication Connection Services and Unit Price Contract. 4.2 The following Procurement activities are under the administration of the Procurement Official: A. Community Outreach and Relationships 1. Provide public notice of all competitive procurement opportunities. 2. Provide potential vendors with a centralized point of contact throughout the solicitation process. 3. Promote goodwill between Sarasota County and potential vendors through open competition wherever possible. Assure fair and equitable treatment of all vendors. 4. Produce and publish guidelines for doing business with Sarasota County. 5. Provide training and informational forums on a regular basis. 6. Provide solicitation debriefings after the award of a contract as necessary. B. Consolidation of Similar Requirements or Scopes of Work Consolidate purchases of like or common commodities or services and entering into term contracts to obtain maximum cost savings while preserving department specifications and needs. C. Evaluation Committees The Procurement Official, or his designee, has the authority to approve or disapprove the composition of each evaluation committee. D. Market Analysis 1. Procurement staff shall collaborate with the requesting department to review and validate any market analysis prior to the release of a solicitation. 2. The requesting department and Procurement will consider full life cycle costs to the greatest extent possible when performing price comparisons on products and services. E. Funding 1. Verify Department has identified a funding source for each purchase prior to advertising a solicitation. 2. Acquire an account number from the requestor prior to posting any advertisements associated with a solicitation. F. Standardized templates will be developed and maintained for procurement solicitations and contracts in consultation with the Office of the County Attorney and Contracts Administration. G. Purchasing Card Program Administer the County s Purchasing Card program. See Purchasing Card Manual. H. Periodic review of the County s purchasing records. 1. When recurring purchases from all sources result in a significant expenditure, consideration shall be given to acquiring such goods or services under a master or term contract. When equivalent goods or services are available under a master or term contract, knowingly purchasing such goods or services from other sources shall not be permitted except with written approval of the Procurement Official. Page 6 of 28

8 2. The Procurement Official shall advise the County Administrator of misuse, inappropriate use, or purchasing activities that are inconsistent with the purpose and intent under the delegated authority provided in the Board s policies and any other requirement. I. Collect data and generate reports including, but not limited to, documenting solicitation activity, threshold violations, local preference, purchasing card usage, procurement waivers and other pertinent procurement information. J. Work with internal customers to determine the priority of advertising solicitations in the best interest of the County. K. Training 1. Develop, conduct and/or coordinate procurement training for internal and external customers on a regular basis, and maintain a library of standard operating procedures (SOP). 2. Provide Integrated Fund Accounting System (IFAS) training on the Procurement Module as needed and upon request. 5.0 Reference Procurement Code Section Chapter 5 - Local Preference 5.1 Definition of Local Business A. Local Business means: 1. The vendor has paid a local business tax either to Sarasota, Manatee or Charlotte County, if applicable, or is a business entity registered with the State of Florida Division of Corporations indicating a principal office located in Sarasota, Manatee, or Charlotte County or presents other verifiable documents to substantiate business location in Sarasota, Manatee or Charlotte County that are satisfactory to the Procurement Official, and; 2. Vendor has maintained a permanent physical business address located within the limits of either Sarasota, Manatee or Charlotte County from which the vendor operates or performs business for at least one year prior to the submission of a response to a Sarasota County solicitation, and; 3. Vendor has at least five full time employees or one principal officer at this location. 5.2 Local Preference Submittal Requirements A. Bidders and Proposers wishing to be granted local preference must submit all required documentation, including an electronic Local Business Affidavit. Bidders and Proposers with businesses located in Sarasota or Charlotte County must have paid a local business tax to be considered a local business. B. Bidders or proposers who submit falsified data may be suspended or debarred in accordance with Section of the Procurement Code. 5.3 Local Preference Applied to Sealed Bids (Category 4) and Invitations for Quotes (Category 3) A. When applying local preference to competitive sealed bids and Invitations for Quotes, a Procurement representative will notify the responsive and responsible lowest local business bidder that they have five (5) business days to resubmit a bid or quote that matches or beats the low bid or quote submitted by the non-local business, provided the local businesses original bid or quote was within 10% of the lowest bid or quote submitted by the non-local business. B. If the lowest bid or quote submitted is from a non-local business, the lowest local business Page 7 of 28

9 bidder may submit a revised bid or quote that matches, or beats, the bid or quote submitted by the lowest responsive and responsible non-local business bidder, and Procurement will award the bid or quote to that local business. If the lowest local responsive and responsible business bidder fails to submit a bid or quote that matches or beats the bid or quote submitted by the lowest responsive and responsible non-local business bidder, Procurement will award the bid or quote to the non-local business. If the lowest bid or quote is from a local business, this section 5.3 B does not apply. 5.4 Local Preference Applied to Sealed Proposals When applying local preference to competitive sealed proposals (RFP s), the Procurement representative will apply points equaling up to 10% of the total points allotted in the evaluation criteria, to any business submitting documentation that they are considered a local business. The allocation of points shall be clearly defined in each solicitation. Local business price matching, as outlined in Section 5.3.B does not apply to sealed proposals. Chapter 6 - Threshold Levels and Procurement Standards 6.0 This Chapter implements Procurement Code Section Procurement Standards A. Purchases shall be in the best interest of Sarasota County, maximize competition and be prudent spending to the greatest extent feasible. Reference Section (a) of the Procurement Code. B. Purchases shall not be divided so as to circumvent competitive procurement requirements. Reference Section (b) of the Procurement Code. C. Federal or State funded purchases shall follow the procurement requirements of that agency as stated in the funding (grant) document. Reference Section (c) of the Procurement Code. Procurement shall maintain standards for fair and open competition including specification writing and making awards. Reference Section (d) (e) of the Procurement Code. 6.2 Threshold Levels A. The Board of County Commissioners have established by Resolution No the threshold levels with the most typical procurement method for each spending level as set forth in Chapter 7 of this Procurement Manual. Chapter 7 - Procurement Methods 7.0 This Chapter implements Procurement Code Section Category One - $5,000 or less Category One or Small Purchases are awarded without competition. A minimum of one quote is required. A. Price may be determined orally, by current catalogs or brochures, advertisements or similar sources. All costs pertaining to the purchase, including delivery, service charges, etc., shall be included when the requisition for the purchase is submitted or documented per the procedures in the Purchasing Card Manual. B. Sourcing Assistance: Departments or Divisions may request an electronic list of registered vendors for commodities or services from Procurement, if such assistance is needed. Local Vendors and Sarasota County Green Business Partners should be reviewed and given Page 8 of 28

10 consideration for the purchase when it is in the best interest of Sarasota County. C. Established Contracts: No Category One purchase transaction shall be permitted where equivalent commodities or services are already available under a County contract, except with written approval of the Procurement Official. Procurement maintains a list of all active Term Contracts on Procurement s SharePoint site. All other contracts approved by the Board of County Commissioners are maintained by Board Records. D. Insurance: Vendors are required to have insurance to perform work on County property. A copy of an Insurance certificate showing proof of coverage at the minimum levels must be received prior to commencement of any work. Samples of insurance certificates and requirements may be reviewed on the Safety and Risk Management SharePoint site. 7.2 Category Two Greater than $5, to $25, Category Two or Informal Quotes are competitively solicited either verbally, or in writing through a Request for Informal Quotes or Quick Quote. Local vendor preference does not apply to Category Two purchases. A. Quick Quotes are processed by trained Department Representatives using the BidSync platform. 1. The Quick Quotes process is used for one-time purchases. Quick Quotes are not to be initiated for the purchase of products and/or services that are needed on a recurring basis. 2. In the event a Quick Quote results in only one quote that is less than or equal to $25,000, award may be made to that vendor at the discretion of Procurement. B. Request for Informal Quotes (RFIQ) will be processed by Procurement staff, if Category 2 assistance is requested by the Department. 1. When processing an RFIQ, electronic quotes shall be obtained by Procurement Staff. All requirements pertaining to the purchase shall be detailed in writing by the requestor. 2. Purchases made using the RFIQ process are limited to $25,000 or one year from the date of award, whichever occurs first. 3. In the event an RFIQ results in only one quote that is less than or equal to $25,000.00, the award may be made to that vendor at the discretion of Procurement. C. Verbal Quotes may be authorized by the Procurement Official when an RFIQ or Quick Quote is not feasible, as determined by the Procurement Division, or when an RFIQ or Quick Quote results in no responsive and responsible bidders. D. Insurance: Vendors are required to have insurance to perform work on County property. A copy of an Insurance certificate showing proof of coverage at the minimum levels must be received prior to commencement of any work. Samples of insurance certificates and requirements may be reviewed on the Safety and Risk Management SharePoint site. E. Established Contracts: No Category Two Purchase transaction shall be permitted where equivalent commodities or services are already available under a master contract, blanket contract, or term contract except with written approval of the Procurement Official. Procurement maintains a list of all active Term Contracts on Procurement s SharePoint site. Information on other active contracts is available by contacting Contracts Administration. F. Category Two Tie Breaking Procedures: Whenever two or more quotes for goods or services are determined to be equal with respect to price, quality and service, award shall be made based on random selection before at least three witnesses. Page 9 of 28

11 7.3 Category Three - Greater than $25, to $100, Formal Quotes are obtained by Procurement staff. Minimum requirement is an Invitation for Quotes ( IFQ ). A Formal Quote is defined as a solicitation that is publicly announced. Formal Quotes may be deemed required by the Procurement Official based on the nature of the solicitation. A. An Invitation for Quotes (IFQ) is a procurement method used for purchases greater than $25,000 to $100,000. Sealed quotes are submitted in response to a formal Invitation for Quotes. IFQ s are awarded to the responsive and responsible offeror submitting the lowest quoted price. In awarding IFQ s, preference shall be given to local businesses in accordance with Section of the Procurement Code. 1. When processing an IFQ, Formal Quotes shall be obtained by the Procurement Staff. All requirements pertaining to the purchase shall be detailed in writing by the requestor. 2. The Procurement Official may elect to award even if three quotes are not received in response to the IFQ. 3. IFQ Tie Breaking Procedures: Whenever two or more quotes for goods or services are determined to be equal with respect to price, quality and service, the quote received from the business that certifies it has implemented a drug free workplace program pursuant to Section ; Florida Statutes shall be given preference in the award process. If neither or all of the tied vendors have certified that they are drug-free workplaces, award shall be made based on random selection by the Procurement Official before at least three witnesses. 4. Established Contracts: No Category Three purchase transactions shall be permitted where equivalent commodities or services are already available under an existing contract, except with written approval of the Procurement Official. Procurement maintains a list of all active Term Contracts on Procurement s SharePoint site. Information on other active contracts is available by contacting Contracts Administration. 5. Insurance: Vendors are required to have insurance to perform work on County property. A copy of an insurance certificate showing proof of coverage at the minimum levels must be received prior to commencement of any work. Samples of insurance certificates and requirements may be reviewed on the Safety and Risk Management SharePoint site. 7.4 Category Four - Greater than $100, Formal competitive solicitations issued by Procurement staff. A. Invitation for Bids (IFB) - a formal procurement method used for purchases greater than $100, Sealed bids are submitted in response to an Invitation for Bids. Bids are awarded to the responsive and responsible bidder submitting the lowest bid price or best value as defined in the solicitation. In awarding bids, preference shall be given to local businesses in accordance with Section of the Procurement Code. 1. An Invitation for Bids is published by Procurement using the adopted standard IFB template. 2. A bid opening is the official process in which sealed bids are opened, at the time and date specified in the I nvitation f or B id. Bid openings are open to the public. The amount of each bid is recorded by Procurement Staff at the bid opening. 3. IFB Tie Breaking Procedures: Whenever two or more bids for goods or services are determined to be equal with respect to price, quality and service, the bid received from the business that certifies it has implemented a drug free workplace program pursuant to Page 10 of 28

12 Section ; Florida Statutes shall be given preference in the award process. If neither or all of the tied bidders have certified that they are drug-free workplaces, award shall be made based on random selection by the Procurement Official before at least three witnesses. 4. Announcement Period: No contract shall be awarded or transaction authorized against a solicitation or a purchase be made until the Notice of Recommended Award has been announced and the time for filing a protest or if a protest has been filed, the time for an appeal has run pursuant to Protests Section of the Procurement Code. 5. Cancellation and Re-advertisement of IFB a. In the event it is determined to be in the best interest of the County to do so, the Procurement Official may cancel the IFB without recommending an award, at any point in the solicitation process, in accordance with the reserved rights expressed in the Invitation for Bid document. b. IFB s that are canceled must undergo review and possible remediation, at the direction of Procurement, before they may be re-advertised. B. Request for Proposals - Request for Proposals (RFP) - a fo rm a l method used to solicit proposals from potential providers for goods and services. Price is not usually a primary evaluation factor. An RFP provides for the negotiation of all terms, including price (to the extent permitted by the RFP), prior to execution of a contract with the selected proposer. 1. The RFP document may include, but is not limited to, general information, qualification requirements, applicable laws and rules, functional or general specifications, performance specifications, statement of work, proposal instructions, and evaluation criteria. 2. Each RFP shall be awarded using a point allocation system to score proposers in order to determine the responsive and responsible proposer or proposers whose proposal, in the sole opinion of the evaluation committee, is determined to be the most advantageous to the County. In the event the evaluation committee conducts oral presentations the evaluation committee shall rank those proposers providing oral presentations. Ranking shall be determined without regard to the score established as a result of the evaluation of written proposals. 3. In awarding each RFP, preference shall be given to local businesses in accordance with Section of the Procurement Code. 4. Section (i) of the Procurement Code grants preference to local businesses in the evaluation of an RFP. Proposers who qualify as a local business shall be granted points up to a maximum of 10% of the total points allotted. This preference does not apply to those operations classified as Professional Services, as defined in Section , F.S. (CCNA). 5. RFP Tie Breaking Procedures - A tie shall exist when two or more proposals receive the same final score. Tie breaking procedures shall only be applied when a tie exists between the highest ranking or scoring proposers. The tie breaking procedure is only applied in the final step of the selection process. If the evaluation committee determines not to conduct oral presentations, the tie breaking procedure would be applied at the conclusion of the evaluation of the written proposals. If the evaluation committee determines to conduct oral presentations the tie breaking procedure would be applied at the conclusion of the oral presentations. a. Pursuant to Section , F.S., whenever two or more bids, proposals, or Page 11 of 28

13 replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. b. If both proposers have implemented a drug-free program, and a tie continues to exist, the award shall be made based on random selection by the Procurement Official before at least three witnesses. 6. Cancellation and Re-advertisement of RFP a. In the event it is determined to be in the best interest of the County to do so, the Procurement Official may cancel the RFP without making an award, at any point in the solicitation process, in accordance with the reserved rights expressed in the Request for Proposal document. b. RFPs that are canceled must undergo review and possible revision, at the direction of Procurement, before they may be re-advertised 7.5 Cooperative Purchasing A. Piggybacking is the procurement of goods and services from vendors who have been selected by other government entities or agencies (such as State of Florida, Federal GSA,), by purchasing consortiums (such as WSCA, NJPA, US Communities) or another Florida local government as a result of a competitive selection process which is substantially equivalent to that used by Sarasota County. The Procurement Official may also consider the size of the entity, qualifications of the procurement office, volume of purchase and other factors when determining if a piggyback is viable. 1. Piggybacking the procurement of commodities or services requires submittal of a Cooperative Purchase (Piggyback) Request (CPR) Form, and is subject to review by Procurement staff and approval by the Procurement Official, or designee a. Cooperative Purchase requests with estimated fiscal year, contract year or total project expenditures up to $50,000 do not require additional authorizations, after approval by the Procurement Official, or designee. The Procurement Official, or designee, at his discretion, may authorize budgeted expenditures of up to $50,000 for Cooperative Purchase Requests with estimated fiscal year, contract year or project expenditures greater than $50,000, if: (i) (ii) (iii) No contract is required, and; Funding for such expenditures is included in the adopted budget, and; Written justification for initiating expenditures up to $50,000 is provide to the Procurement Official, by the requesting Department. b. Cooperative Purchase Requests with estimated fiscal year, contract year or project expenditures greater than $50,000 through $100,000 require written authorization by the County Administrator. Expenditures of up to $50,000 are permitted upon authorization by the Procurement Official or designee. If the Cooperative Purchase results in a contract signed by the County Administrator, the County Administrator will not be required to sign the Cooperative Purchase request Form. c. Cooperative Purchase Requests with estimated fiscal year, contract year, or project expenditures greater than $100, require written authorization by the Board of County Commissioners. Expenditures of up to $50,000 are permitted upon Page 12 of 28

14 authorization by the Procurement Official or designee. If the Cooperative Purchase results in a contract signed by the Board of County Commissioners, the Board will not be required to sign the Cooperative Purchase Request form. 2. The Procurement Official will determine whether the contract of the entity being piggybacked can be used or whether a separate County contract must be created. a. Contract Term: (i) If the County piggybacks on a host agreement without utilizing a County contract, then the term shall be as set forth in the host agreement. (ii) If the County utilizes a County contract, the term shall be as set forth in the County contract. b. If a piggybacked contract is renewed beyond the termination date indicated on the Cooperative Purchase (Piggyback) Request Form, the County s Cooperative Purchase may be renewed for that same period upon submission of a Piggyback Renewal Request Form by the Department and approval by the Procurement Official. Such renewals do not require authorization by either the County Administrator or Board of County Commissioners. 3. A list of approved piggybacks is maintained on the Procurement SharePoint site. B. Consolidated Joint Purchasing is an arrangement whereby public procurement units purchase from the same supplier or multiple suppliers using a single solicitation. When initiating a consolidated joint purchase, a written undertaking from all participating entities is required. 7.6 Request for Professional Services (RPS) Section , Florida Statutes establish definitions of terms, and formal process for the procurement of professional services (see also Chapter 10 Professional Services). A. Professional Services solicitations are used for the acquisition of professional architectural, engineering, landscape architectural or surveying and mapping services. Solicitation of these services is subject to the Consultant s Competitive Negotiations Act (CCNA) established by Florida Statutes. B. The professional services library must be used if the services needed are included in the professional services library. If the services are not included in the professional services library, and the estimated fees are less than the statutory threshold, Procurement shall determine the appropriate selection process. C. The County s Professional Services Library is the primary vehicle by which the County solicits continuing contracts under the provisions of F.S Section 2 (g) ( continuing contracts ). D. All professional services for work defined per Section estimated to cost equal to or in excess of the category amounts per Section , Florida Statutes must be solicited through a formal Request for Professional Services. E. Request for Professional Services ( RPS ) Single Project Awards 1. A Request for Professional Services ( RPS ) is a method used to solicit proposals from firms qualified to provide professional engineering, architectural, landscape architectural and survey and mapping services. Note the Florida Statute provides standards for defining a project (Section (2)(f) Florida Statutes). 2. Award of a Request For Professional Services (RPS) Page 13 of 28

15 a. Each RPS shall be awarded based upon allocation of points associated with specific criteria set forth in the RPS document to the responsive and responsible Proposer or Proposers whose proposal, in the sole opinion of the Professional Services Evaluation Committee ( PSRC ), is determined to be the most qualified to perform the work. In the event the evaluation committee conducts interviews or oral presentations the evaluation committee shall rank those proposers providing oral presentations. Ranking shall be determined without regard to the score established as a result of the evaluation of written proposals. b. For projects under the defined conditions and definition of estimated project costs per Section , which the project costs (including total design and construction costs) are estimated to be at or in excess of the category amounts per Section Florida Statute, the proposers with the three highest scores will be short-listed and invited to make oral presentations to the Professional Services Review Committee (PSRC). Following the presentations, the PSRC will rank the short-listed proposers and recommend the first ranked proposer for award. 3. RPS Tie Breaking Procedures: A tie shall exist when two or more proposals receive the same final score. Tie breaking procedures shall only be applied when a tie exists between the highest ranking proposers. a. In the event of a tie, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four months prior to the RPS submittal deadline. Payment information will be retrieved from the Clerk of Court s financial system (IFAS). Payments made to sub-consultants will not be included in this calculation. The tie breaking procedure is only applied in the final step of the selection process. If the evaluation committee determines not to conduct oral presentations, the tie breaking procedure would be applied at the conclusion of the evaluation of the written proposals. If the evaluation committee determines to conduct oral presentations the tie breaking procedure would be applied at the conclusion of the oral presentations. b. In the event a tie still exists, selection will be determined based on random selection by the Procurement official before at least three witnesses. F. Continuing Contracts 1. A continuing contract is defined under the Section (2)(g) Florida Statutes (Consultants Competitive Negotiation Act). 2. Professional Services Library Qualification and Selection Process a. Criteria used to evaluate responses are defined in each Request for Professional Services. b. Professional services firms wishing to do business with Sarasota County on a continuing contractual basis are required to submit qualifications in response to a Request for Professional Services for each Service Category where they wish to provide services. c. Sarasota County staff will review all submittals and assign points based on the content of the submittals in accordance with applicable evaluation criteria. d. Firms will be scored and considered for placement in the Professional Services Library for that Service Category. Page 14 of 28

16 e. Sarasota County reserves the right to confirm a firm s qualifications in order to remain in the Library for each Service Category. Firms unable to meet minimum qualifications will be removed from the Service Category by the Procurement Official. G. Professional Services Library 1. The Professional Services Library is a group of firms selected to provide professional engineering, architectural, landscape architectural and mapping & surveying services on an on-going basis through the use of continuing service contracts. H. Professional Services Library Rotation 1. Work assignments within each service category are awarded on a rotational basis. 2. For each service category, Procurement will place qualifying firms in the Professional Services Library in the order they are ranked, with the highest scoring firm placed in the first position in the rotation. 3. As each work assignment is identified the next firm in the rotation will be offered the opportunity to negotiate that work assignment with the County s Administrative Agent. 4. Should a firm decline a work assignment, or be unable to reach a satisfactory fee negotiation with the County within a reasonable time frame, the County will contact the next firm on the list until the work assignment is successfully negotiated. 5. Firms will have the option of rejecting one work assignment within each service category within a twelve (12) month period without penalty. A second work assignment rejection within any twelve (12) month period will cause the firm to be skipped in the rotation. A firm who rejects three (3) work assignments (or is unable to satisfactorily negotiate 3 work assignments) in any twelve (12) month period will be removed from the service Level. 6. Firms wishing to reject a work assignment for any reason must complete a Work Assignment Rejection Notification form. A copy of this completed form must be provided to Procurement by the County s Administrative Agent. 7. Once a full rotation through all firms in a service category is complete, the Procurement Official may choose to reorder the list using a method that attempts to impart an equitable distribution of work among selected firms. I. Professional Services Library - Direct Selection For work assignments requiring unique experience or knowledge, including past experience on another phase of the project, the county project manager may formally request permission to forego the rotation and select a specific firm. This request will require the completion of a Work Assignment Special Exception form, which requires the approval of both a Director and the Procurement Official. Firms that are directly selected for a work assignment as a result of this process shall be passed on their next scheduled turn in the rotation. J. Professional Services Library Local Sub-Consultants Usage 1. Selected firms are required to make a good faith effort, which is defined as the selected firm has contacted no fewer than three (3) local vendors meeting the Sarasota qualifications as a Local Business Section (b) of the Procurement Code in the completion of work assignments. Page 15 of 28

17 2. Selected firms will be required to submit a local sub-consultant affidavit with each work assignment. 3. Firms found not to be in compliance with the provisions of this section may, at the Procurement Official s discretion, be removed from the professional services library. 4. The professional services library rotation for each service category is posted on Procurement s SharePoint site. 7.7 Invitation to Negotiate (ITN) An Invitation to Negotiate (ITN) is a written solicitation for competitive sealed replies to select one or more vendors with which to commence negotiations for the procurement of commodities or contractual services. An ITN may be recommended when the Procurement Official determines that negotiations may be necessary for the County to receive the best value. The evaluation process shall be determined by the Procurement Official and set forth in the ITN. 7.8 Emergency Procurement A. An emergency procurement is defined as a purchase made due to an unexpected and urgent request where health and safety or the conservation of public resources is at risk. Threshold purchasing category requirements are waived in the event of an emergency procurement. B. Emergency procurements are authorized by Section 2-217(h) of the Procurement Code. C. Notification of Emergency Need 1. The Procurement official must be notified of the need for an emergency procurement by phone or as soon as practical. Emergency procurements will be made with such competition as is reasonable under the circumstances. 2. After the Procurement Official is notified of the need for an emergency procurement, the requestor will complete an Emergency Procurement Approval Form requesting approval of the County Administrator, or his designee. The emergency procurement authorization form must be routed through the Procurement Official or designee, and shall contain the following minimum information: a. Detailed explanation of the basis for the emergency b. Date the emergency procurement was initiated c. Information regarding the vendor selection process (including whether or not a local business was selected) d. Financial information (including the total estimated cost of the procurement) D. All emergency procurements must be subsequently reported to the Board of County Commissioners, through the County Administrator. E. Whenever feasible, local businesses shall be contacted to provide emergency products or services. F. State of Emergency When a state of emergency is in effect for Sarasota County, the County Administrator may declare the existence of an emergency procurement condition and suspend any or all provisions of the Procurement Code and authorize emergency procurements to maximize the County s eligibility of expense reimbursement. If such declaration is in effect, all procurements made during such declaration must conform with and follow Sarasota Page 16 of 28

18 County state of emergency purchasing Standard Operation Procedures and Federal Emergency Management Agency (FEMA) guidelines adopted at the time of the of the procurement 1. Non-Competitive Procurements a. During a state of emergency, procurements may be made without competition if one or more of the following conditions are met: (i) (ii) (iii) (iv) Micro-Purchase: Supplies or services with an aggregate dollar amount of less than or equal to the current County or FEMA micro-purchase limit, whichever is greater. Micro-purchases may be made without soliciting competitive quotations provided the County finds the price quoted/obtained to be reasonable. Emergency: Supplies or services that are required due to an unexpected and unusually dangerous situation that calls for immediate action or an urgent need for assistance or relief. Exigency: Supplies or services that are necessary in a particular situation, that requires or demands immediate aid or action. Sole Source: Supplies or services that are available from only one source. 2. Competitive Procurements During a state of emergency, procurements that do not meet non-competitive procurement conditions require a competitive process. Procurements requiring competition will be solicited by Procurement staff, regardless of estimated expenditure. 3. Emergency Contracts During a state of emergency, supplies or services may be procured using prepositioned emergency contracts, if such contracts were procured in accordance with FEMA guidelines. 4. Meals During a state of emergency, the County may procure meals for employees engaged in eligible emergency work, provided conditions constitute a level of severity that requires employees to work abnormal, extended work hours, without a reasonable amount of time to provide for their own meals, or when food and/or water is not reasonably available for employees to purchase. FEMA only reimburses the cost of meals that are brought to the work location and purchased in a cost-effective and reasonable manner, such as bulk meals. FEMA does not reimburse costs related to group outings at restaurants or individual meals. 5. P-Card Purchases Essential Personnel identified by each Department will have the ability to make emergency purchases using a P-Card during a state of emergency. P-Card purchases must comply with state of emergency policies established in the P-Card Page 17 of 28

19 Manual. Procurement Manual 7.9 Sole Source A. A Sole Source is a procurement resulting from a lack of competition in the marketplace. A Sole Source will result when only one vendor or supplier has the capability to provide the required product or service. Sole Source purchases require submittal of a Sole Source Request Form. B. Sole Source procurement requests that are not supported by written documentation verifying that the product or service is proprietary or that the vendor is the only authorized distributor require advertisement of an Intent to Sole Source. If no vendors or suppliers respond, the Sole Source procurement will be approved by the Procurement Official. If vendors or suppliers respond that they are capable of providing products or services that meet the advertised specifications, a combined review with the requestor and Procurement will be performed and competition may be required based on the results of that review. C. All Sole Source procurement requests require submittal of a Sole Source Request form, and are subject to review by Procurement staff and approval by the Procurement Official or designee. Approved Sole Source requests are valid for a period of twelve (12) months, unless otherwise determined by the Procurement Official, or designee. 1. Sole Source requests with estimated fiscal year, contract year or total project expenditures up to $50,000 do not require additional authorizations, after approval by the Procurement Official, or designee. The Procurement Official, or designee, at his discretion, may authorize budgeted expenditures of up to $50,000, for Sole Source Requests with estimated fiscal year, contract year, or project expenditures greater than $50,000, if: (i) (ii) (iii) No contract is required, and; Funding for such expenditures is included in the adopted budget, and; Written justification for initiating expenditures up to $50,000 is provided to the Procurement Official, by the requesting Department. 2. Sole Source requests with estimated fiscal year, contract year or total project expenditures greater than $50,000 through $100,000 require written authorization by the County Administrator. Expenditures of up to $50,000 are permited upon authorization by the Procurement Official or designee. If the Sole Source results in a contract signed by the County Administrator, the County Administrator will not be required to sign the Sole Source Request Form. 3. Sole Source requests with estimated fiscal year, contract year or total project expenditures greater than $100, require written authorization by the Board of County Commissioners. Expenditures of up to $50,000 are permitted upon authorization by the Procurement Official or designee. If the Sole Source results in a contract signed by the Board of County Commissioners, the Board will not be required to sign the Sole Source Request Form. a. Sole Source procurements for services in excess of $100, require a contract. In the judgment of the Procurement Official, contracts may also be required for Sole Source procurements in amounts less than $100, Sole Source Criteria a. To be considered a Sole Source procurement, one or more of the following criteria must be met: Page 18 of 28