Procurement of Goods and Services - $25,000.01 or more

General

Upon request from a department, the General Services Department and Finance Department will seek a source of supply and enter transactions for the purchase of goods or services, in the amount of $25,000.01 or more. The method of sourcing used will be determined by the estimated dollar amount of the requested purchase, the nature of the purchase, and other factors. Examples of sourcing methods include, but are not limited to:

1. Invitation to Bid (1TB)

2. Request for Proposals (RFP)

3. Request for Statement of Qualifications (RSQ)

4. Cooperative/ Piggyback Purchasing

5. Sole and Single Source Procurement

6. Emergency Procurements

When a purchase or contract may extend over multiple years, the total cumulative amount per the proposed term will be the amount determinative of the solicitation requirement.

Nothing in this Section reduces or invalidates the City's right to accept or reject any or all solicitations, or any parts thereof, and to award if an award is made, to the lowest responsive and responsible Bidder/Proposer whose submittal and qualifications indicate that the award will be in the best interests of the City.

Formal Procurement

Unless exempt as stated in Section 10, formal competitive solicitation is required for goods, services, and construction with an estimated cost over $25,000.00, and as otherwise required by state and federal laws and grant agreements. Formal procurement types include invitations to bid, requests for proposals, and requests for qualifications. The formal process shall be conducted to ensure a fair and equitable solicitation and include all contractual terms and conditions applicable to the procurement, including the criteria to be used in determining the acceptability and relative merit of the bid, proposal or reply. In addition to bids and proposals, the City may require respondents to provide presentations to a selection committee and/or commission during the selection process as stated in the solicitation document. All respondents selected for presentation shall be accorded fair and equal treatment. The using department shall be responsible for developing all technical specifications and bid requirements. The general services department shall be responsible for developing bid templates and for reviewing all bids before they are finalized for advertising.

1. Public notice. Public notice shall be given to prospective vendors for a reasonable period of

time as determined by General Services, which shall, at a minimum, include:

• U.S. mailing or emailing public notice to prospective vendors on an applicable bidders list maintained by the purchasing department, and

• Posting public notice on the City website.

For the purchase of capital construction valued in excess of $200,000.00, advertisement of the public notice will be \either in a newspaper of general circulation in the City, trade journal, bulletin or other publication that will inform prospective vendors of the proposed purchase, as determined to be appropriate by General Services. The advertisement inviting bids for construction projects expected to cost between $200,000.00-$500,000.00 shall be published in at least one newspaper of general circulation within the City at least 21 calendar days prior to the scheduled bid opening. The advertisement inviting bids for construction projects expected to cost more than $500,000.00 shall be published in at least one newspaper of general circulation within the City at least 28 calendar days prior to the scheduled bid opening. General Services reserves the right to modify the period for bid advertisement based on need and/or urgency. The public notice shall briefly describe the goods or services sought, and shall state the place, date, and time that bids or proposals must be received.

2. Vendor List. Vendors who have requested to be included in the City's vendor list will be notified of relevant bids based on the type of business/ services the vendor provides on the City's website.

3. Pre-qualification. A pre-qualification process may be conducted by the general services department prior to the issuance of a solicitation in order to establish c list of qualified bidders or respondents.

4. Procurement of construction services. The City Manager, or designee shall have the discretion to select the appropriate delivery method for a construction project. In determining which method to use, consideration shall be given to the City's requirements and resources. Contracts for construction services shall be procured in 3ccordance with Florida Statutes and/or applicable funding requirements and pursuant -to any applicable city policies and procedures established by the Commission and City Manager, or designee.

5. Owner direct purchase program. When a construction project is proposed, the general services department, in conjunction with the end user department, will determine, prior to the solicitation process, whether the owner's direct purchase program will be utilized for that particular project. The City may, if not prohibited by law, exercise a right to purchase directly various materials, goods, and/or equipment to be used in the construction project pursuant to F.S. § 212.08(6), as amended. The general services director is authorized to execute owner-direct purchase program purchase orders if the associated contract is approved by the City Manager includes clauses a lowing the owner direct purchase program. Nothing herein shall prohibit the City from deleting items within the solicitation and purchasing of said items directly from a supplier, without furtherbidding, in an effort to benefit from the City's tax-exempt status, in accordance with the proper authorization.

6. Cancellation or rejection of solicitations. Solicitations may be cancelled, or any or all submittals in response to solicitations issued by the City may be rejected, in whole or in part, without recourse, when it is in the best interest of the City. Confidentiality will be maintained according to Florida Statutes.

7. Value Engineering. The City reserves the right to engage in value engineering discussions in the pre-award period based on the following conditions:

a. Bid responses exceed project budget

b. The City Manager deems it in the best interest of the City to explore value engineering options and assembles a committee, comprising of not less than three individuals with direct project knowledge.

c. The lowest qualified, is given the opportunity to meet with the "value engineering committee" to determine if viable options exist to meet the budget threshold without substantially reducing the scope of the project as designed and solicited. Local preference, if applicable, applies in the determination of the lowest qualified bidder.

d. The lowest qualified bidder will be given seven days to submit deductive modifications/options, prior to submission to the value engineering committee; the bidder must gain approval of deductive modifications/options by the architect/engineer of record for the project that the deductive modifications/options do not violate City or state building code. Timeline extensions may be approved circumstantially with written approval from the City administrator.

Bids/proposals

Bid/proposal acceptance and evaluation will only be accepted during the designated period.

1. Opening. Competitive sealed bids/proposals received in the location stated in the solicitation document no later than the precise date and time set for the opening shall be accepted without alteration or correction. The City reserves the right to accept and/or reject any or all bids/proposals or to waive any formalities, technicalities, or irregularities.

2. Correction or withdrawal of bids. After bid opening, no changes in bid prices or other bid provisions shall be permitted. In the event of mathematical mistakes in extended pricing, the unit price shall prevail. Mistakes discovered before opening may be modified Jr withdrawn via a written notice from the bidder if received in the general services department prior to the time set for bid opening, as deemed appropriate by the general services director.

3. Evaluation. Bids/ proposals shall be evaluated based on the requirements set forth in the solicitation document. No criteria may be used in the evaluation that is not set forth in the solicitation document. With the exception of solicitations procured pursuant to 287.055 F.S., evaluation of bids shall include consideration of the total costs for each year cf the contract, including renewal years, as submitted by the vendor. Consideration for the lowest and best responsible bidder shall include:

a. The ability, capacity, and skill of the bidder to perform the contract.

b. Whether the bidder can perform the contract within the time specified without delay or interference.

c. The character, integrity, reputation, judgment, experience, and efficiency of the bidder.

d. The quality of performance on previous contracts.

e. The previous and existing compliance by the bidder with laws and ordinances relating to the contract.

f. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service.

g. The quality, availability and adaptability of the supplies or contractual services to the particular use required.

The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.

4. Award to other than low bidder. When the award is not given to the lowest and best bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared and signed by the General Services Director and Finance Director and filed with the other papers related to the transaction.

5. Exceeding Allocated Funds. In some circumstances, the lowest acceptable bid for a project exceeds allocated/ budgeted funds; however, the projects' scope, time or economic considerations preclude the re-Solicitation of work of a reduced scope. The General Services Department and the End User Department are authorized to negotiate an adjustment of the bid price with the lowest responsive and responsible bidder so long as the adjusted bid price does not exceed allocated/ budgeted funds and the City Manager, or designee has approved such adjustment. Financial adjustments will be done at the first available public meeting as needed.

6. Tie Bids. If there are two (2) or more bid submittals that are identical in price and meet all the requirements and criteria set forth in the solicitation, the award may be made by the Commission, City Manager, or designee pursuant to the approval limitations cs stated in

Section 8. In making the tie-breaker decision, the following may be considered, including but not limited to the bidder's location, and/or the bidder's past performance with the City.

7. Rejection. The City reserves the right to reject any or all bids/proposals. This includes the right to reject the bids/proposals of any respondent due to the following:

a. Preciously defaulted on a quote or failed to perform properly, or to complete on timea contract of a similar nature.

b. Failed to establish they are able to perform the contract.

c. Habitually, -and without just cause, neglected the payment of bills, or otherwise disregarded its obligations to subcontractor or employees.

d. Failure of appropriation of funds received by the City.

8. Determination of Non- Responsibility. If a bidder or respondent, who otherwise could have been awarded a contract, is found non-responsive, a written finding of nonre~ponsibility, setting forth the basis of the finding, shall be prepared by the General Services Department. The written finding shall be maintained as part of the City's procurement file.

9. Right to Inspect. The City may inspect the plant or place of business of, or equipment to be utilized by a proposed bidder or respondent or any subcontractor of an awarded contract or a contract to be awarded by the City to assist in the determination of bidder/ respondent responsibility.

Bonds and Security Requirements

The bonds shall be recorded and held in the Finance Department and shall become binding on the parties upon the execution of the Contract. Nothing in this section shall be construed to limit the authority of the Commission, the City Manager, or the General Services Director to acquire or accept other security in addition to, or in lieu of, those bonds or in circumstances other than those specified in this Code, when in the best interest of the City.

1. Bid Security. The City may require the submission of a Bid Bond or other form of security to guarantee full bid compliance. When the solicitation requires a Bid bond or security, failure of the bidder to supply the same, in the amount and type required, shall automatically render the bidder non-responsive to the requirements of the solicitation. Unsuccessful bidders shall be entitled to a return of their deposit. A successful bidder shall forfeit its deposit upon failure on his/her part to enter a contract within the limits established by the bid.

2. Contract Payment and Performance Bonds. When a contract is awarded, the City may require the successful bidder to supply payment and performance bond as required by State Statute. When a payment and performance bond is required, it shall be in the amount and type satisfactory to the City and executed by the surety company authorized to do business in Florida that is acceptable to the City. The bonds shall guarantee the full and faithful performance of the contract obligations and the payment of labor and material expended pursuant to the contract.

Bid Protests

The General Services Department shall scribe at the Bid opening, a bid tabulation sheet documenting all bids received. Immediately following the bid opening, the bid tabulation sheet will be posted to the Procurement section on the City's website. Any contracts/vendor that has submitted a bid to the City who wishes to challenge an intended recommendation with respect to the award of such bid shall file with the General Services Director a written notice of intent to file a protest not later than 3:00 p.m. on the third business day after the posting of the bid notice from the City of the intended recommendation.

The notice of intent to file a bid protest shall state all grounds claimed for the protest. Failure to list a ground for protest in this notice shall constitute a waiver with respect to that ground. If the contractor then wishes to pursue a formal written protest, it must be filed within five (5) calendar days after the date of filing of the notice of intent to file a protest. The formal written protest shall contain the following:

1. City bid/proposal identification number and title.

2. The name and address of the protesting party, and the title or position of the person submitting the protest.

3. A statement of disputed issues of material fact. If there are no disputed material facts, the protest must so indicate.

4. A concise statement of the facts alleged and of the rules, regulations, statutes, and constitutional provisions entitling the party of relief.

5. A statement indicating the relief sought by the party.

6. Such other information deemed material.

Upon receipt of a timely filed notice of intent to protest, the General Services Director shall delay the award process until the protest is resolved pursuant to fundamental principles of due process, except and unless the General Services Director sets forth in writing particular facts and circumstances which would require the continuation of the award process for the purpose of avoiding an immediate and serious danger to the public health, safety, or welfare. The General Services Director shall conduct a meeting with the protesting party to attempt an amicable resolution of the protest. If such a resolution does not occur, the General Services Director shall forward to the City Manager a recommendation, which shall include background information related to the bid. The City Manager or Designee shall attempt to resolve the protest. If such resolution does not occur, the City Manager shall forward to the City Commission for a recommendation, which shall include background information related to the bid. The Commission shall thereafter conduct an informal hearing at a regularly scheduled meeting or at such other time as may be arranged. Following a presentation by all involved parties, The Commission shall render its decision on the merits of the protest. All bid/proposal solicitations shall set forth the following statement:

"Failure to follow the Bid Protest procedures prescribed by the City of Palatka Purchasing Policy shall constitute a waiver of your protest and any resulting claims."