1-Summary of Vendor Rights for Broward County Competitive Solicitations.docx
DOCX document 32 KB Posted
- Attached to
- FEMA Emergency Food Service
- Solicitation number
- OPN2131871B1
- Issued by
- Broward County, Florida
About this file
This document is a summary of vendor rights for Broward County competitive solicitations in Florida, establishing the procedural mechanisms by which vendors may object to or protest proposed awards and rankings. The summary outlines that for Requests for Proposals (RFPs), Requests for Qualifications (RFQs), and Requests for Letters of Interest (RLIs), vendors may file written objections to proposed evaluation committee rankings within three business days of posting on the Purchasing Division's website. For Invitations to Bid (ITBs), RFPs, RFQs, and RLIs, vendors may protest solicitation specifications, requirements, or final award recommendations within five business days of posting. The related contract opportunity involves FEMA Emergency Food Service, requiring catering and food and beverage services for Broward County Water and Wastewater Services and other county agencies following declared emergencies or disaster events, in compliance with Federal Emergency Management Agency reimbursement requirements. Vendors must submit responses electronically through BPRO by specified closing dates and times, with the County providing a designated period for vendors to submit questions and seek clarification regarding solicitation requirements.
All objections and protests must comply with specific requirements outlined in the Broward County Procurement Code, with failure to timely meet requirements resulting in forfeiture of rights. Vendors may appeal denied protests under Section 21.81 of the Procurement Code, subject to potential appeal bond requirements. The solicitation is subject to Broward County's Cone of Silence Ordinance, which prohibits communications relating to the competitive solicitation among vendors, vendor representatives, and County staff or Commissioner offices from the time of advertisement until award, rejection of all responses, or other action ending the solicitation. Permitted communications include those with Purchasing Division employees, designated project managers, the Office of Economic and Small Business Development Small Business Development Specialist Supervisor, and communications at pre-bid conferences and negotiation meetings. Violations of the Cone of Silence may result in fines or, at the discretion of the Broward County Board of County Commissioners, voidance of the award. The solicitation incorporates County and state licensing requirements and Office of Economic and Small Business Development requirements regarding procurement preferences for Small Business Enterprises and County Business Enterprises.
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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 .