1-Summary of Vendor Rights for Broward County Competitive Solicitations.docx

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Attached to
FEMA Compliant Fabricate and Refurbish Water and Wastewater Control Panels
Solicitation number
OPN2131152B1
Issued by
Broward County, Florida

About this file

This document is a summary of vendor rights for Broward County competitive solicitations in Florida, establishing procedures for vendors to exercise objections and protests related to competitive procurement processes. The document outlines the mechanisms by which vendors may challenge proposed recommendations for Requests for Proposals (RFPs), Requests for Qualifications (RFQs), Requests for Letters of Interest (RLIs), and Invitations to Bid (ITBs). Objections to proposed recommendations of ranking must be filed in writing within three business days after posting on the Purchasing Division's website and must comply with Section 21.42(h) of the Broward County Procurement Code. Protests regarding solicitation specifications, requirements, or recommended awards must be received in writing by the Director of Purchasing within five business days after the applicable solicitation or addenda is posted on the Purchasing Division's website. The related solicitation concerns FEMA-compliant fabrication and refurbishment of water and wastewater control panels for Broward County Water and Wastewater Services and other county agencies. Vendors must submit responses electronically through BPRO by specified closing dates and times, and all questions or clarification requests must be submitted through BPRO by the designated questions due date.

The document emphasizes strict compliance requirements, noting that failure to timely and fully meet any requirement will result in the loss of objection, protest, or appeal rights. Vendors may appeal the denial of a protest as outlined in Section 21.81 of the Broward County Procurement Code, which may require payment of an appeal bond and must comply with Part XII of the Code. The Cone of Silence Ordinance (Section 1-266 of the Broward County Code of Ordinances) restricts all communications relating to competitive solicitations among vendors, vendor representatives, and County Staff while the cone is in effect, with permitted exceptions for communications with designated Purchasing Division employees, project managers, the Office of Economic and Small Business Development, and communications at pre-bid conferences and negotiation meetings. Violations of the Cone of Silence may result in fines or, at the sole discretion of the Broward County Board of County Commissioners, may void an award of the applicable solicitation. The water and wastewater control panels solicitation requires vendors to meet County and State license requirements, FEMA requirements, Florida Department of Transportation certification, and bonding requirements.

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SUMMARY OF VENDOR RIGHTS FOR BROWARD COUNTY COMPETITIVE SOLICITATIONS

The purpose of this document is to provide vendors with a summary of their rights to object to or protest a proposed award or recommended ranking of vendors in connection with Broward County competitive solicitations. These rights are fully set forth in the Broward County Procurement Code.

1. Right to Object For Requests for Proposals (RFP), Requests for Qualifications (RFQ), or Requests for Letters of Interest (RLI), vendors may object in writing to a proposed recommendation of ranking made by an Evaluation Committee. Objections must be filed within three business days after the proposed recommendation of ranking (if applicable) is posted on the Purchasing Division's website. The written objection must comply with the requirements stated in Section 21.42(h) of the Broward County Procurement Code. Failure to timely and fully meet any requirement will result in the loss of a right to object.

2. Right to Protest For Invitations to Bid (ITBs), RFPs, RFQs, and RLIs, vendors may protest the specifications or requirements of a solicitation (or of any addenda). Protests must be received in writing by the Director of Purchasing within five business days after the applicable solicitation (or addenda) is posted on the Purchasing Division's website.

For ITBs, vendors may protest a recommendation for award made by the Broward County Purchasing Division. For RFPs, RFQs, and RLIs, vendors may protest a final recommendation of ranking made by an Evaluation Committee. In all cases, protests must be filed in writing within five business days after a recommended ranking or recommendation for award is posted on the Purchasing Division’s website.

Any protest must comply with requirements stated in Part X of the Broward County Procurement Code, including a filing fee (if applicable). Failure to timely and fully meet any requirement will result in a loss of protest rights.

Vendors may appeal the denial of a protest. Section 21.81 of the Broward County Procurement Code identifies all other matters that may be appealed. Appeals may require payment of an appeal bond. Appeals must comply with requirements stated in Part XII of the Broward County Procurement Code. Failure to timely and fully meet any requirement will result in a loss of appeal rights.

Cone of Silence:

The County’s Cone of Silence Ordinance prohibits all communications, oral or written, relating to a competitive solicitation among vendors/vendor representatives, County Staff, and Commissioner Offices while the cone is in effect. Communications with Purchasing Division employees, the solicitation’s designated Project Manager(s) or designee(s), the Office of Economic and Small Business (OESBD) Small Business Development Specialist Supervisor (954-357-6400), and others as specifically identified in the Cone of Silence Ordinance are permitted. Additionally, communication is permitted at pre-bid conferences and negotiation meetings, as applicable.

The Cone of Silence begins upon the advertisement of an ITB, RFP, RFQ, or RLI. The Cone of Silence terminates when the solicitation is awarded, all responses are rejected, or the Broward County Board of County Commissioners takes other action which ends the solicitation, as stated in more detail in the Cone of Silence Ordinance.

Any violations of the Code of Silence Ordinance by any vendor or vendor representative may be reported to the County’s Professional Standards/Human Rights Section. If the County’s Professional Standards/Human Rights Section determines that a violation has occurred, a fine shall be imposed as provided in the Broward County Code of Ordinances. At the sole discretion of the Broward County Board of County Commissioners, a violation may void an award of the applicable competitive solicitation.

Review the Cone of Silence Ordinance, Section 1-266 of the Broward County Code of Ordinances, for more detailed information.

Form Date 9/9/24

File details come from the government source that posted it. Updated .