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

DOCX document 32 KB Posted

Attached to
BSO Stockade Membrane Structures Demolition
Solicitation number
PNC2131658C1
Issued by
Florida

About this file

This is a Summary of Vendor Rights document for Broward County, Florida competitive solicitations that outlines the procedural protections and dispute resolution mechanisms available to vendors participating in county procurement processes. The document addresses vendor rights related to Requests for Proposals (RFPs), Requests for Qualifications (RFQs), Requests for Letters of Interest (RLIs), and Invitations to Bid (ITBs). Vendors may file written objections to proposed evaluation committee rankings within three business days of posting, or protests regarding solicitation specifications and requirements within five business days of posting. The related contract opportunity involves the demolition of three membrane structures at BSO Stockade, including removal of concrete slabs, foundations, HVAC equipment, underground utility piping, electrical systems, invasive trees, and associated fencing, followed by site restoration and installation of drought-resistant sod. Vendor responses must be submitted electronically through BPRO by the specified closing date and time, and vendors are encouraged to provide all documentation, including optional items, to facilitate comprehensive county review. The solicitation requires vendors to meet county and state licensing requirements and bonding requirements, with an optional site visit opportunity available.

The document establishes that vendors may appeal denied protests or other matters as identified in the Broward County Procurement Code, potentially requiring payment of an appeal bond. Broward County enforces a "Cone of Silence" ordinance that prohibits communications regarding competitive solicitations among vendors, county staff, and commissioner offices from advertisement through award or solicitation termination, with limited exceptions for communications with designated county personnel and at pre-bid conferences. Violations of the Cone of Silence may result in fines and potential voidance of awards at the sole discretion of the Broward County Board of County Commissioners. The solicitation also requires County Business Enterprise (CBE) Goal Participation through the Office of Economic and Small Business Development (OESBD).

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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 .