15-Summary of Vendor Rights for Broward County Competitive Solicitations.pdf

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Attached to
Environmental Planning and Consulting Services at FLL and HWO
Solicitation number
PNC2131299P1
Issued by
Broward County, Fort Lauderdale City, Florida

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This is a vendor rights summary document issued by Broward County, Florida outlining the procedural and regulatory framework governing vendor participation in competitive solicitations. The document establishes the rights and responsibilities of vendors engaging in Invitations to Bid (ITBs), Requests for Proposals (RFPs), Requests for Qualifications (RFQs), and Requests for Letters of Interest (RLIs) administered by the Broward County Purchasing Division. Vendors retain the right to protest solicitation specifications and requirements within five business days of posting on the Purchasing Division's website, as well as to protest recommended awards or evaluation committee rankings within the same timeframe. All protests must be submitted in writing to the Director of Purchasing and must comply with requirements outlined in Part X of the Broward County Procurement Code, including applicable filing fees. Additionally, vendors may appeal denials of protests pursuant to Section 21.81 of the Procurement Code, with appeals subject to Part XII requirements and potential appeal bond requirements.

The document further establishes the Cone of Silence Ordinance, which prohibits all communications regarding competitive solicitations between vendors, county staff, and commissioner offices during the period from solicitation advertisement through award or rejection. Permitted communications are limited to interactions with Purchasing Division employees, designated project managers, the Office of Economic and Small Business Development, and communications occurring at pre-bid conferences and negotiation meetings. Violations of the Cone of Silence Ordinance may be reported to the County's Professional Standards/Human Resources Section and may result in fines or, at the discretion of the Board of County Commissioners, voidance of the solicitation award. The document references the Broward County Procurement Code as amended September 22, 2026, and the Cone of Silence Ordinance as codified in Section 1-266 of the Broward County Code of Ordinances.

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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 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 , as amended September 22, 2026.

Right to Protest:

For Invitations to Bid (ITBs), Request for Proposals (RFPs), Request for Qualifications (RFQ), and Request for Letters of Interest (RLI), 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 (including County Administration), 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 9/23/26 https://library.municode.com/fl/broward_county/codes/administrative_code?nodeId=CH21OPPOPRCOFIADSEDE https://library.municode.com/fl/broward_county/ordinances/code_of_ordinances?nodeId=1134059 https://www.broward.org/EconDev/Pages/default.aspx

SUMMARY OF VENDOR RIGHTS FOR BROWARD COUNTY COMPETITIVE SOLICITATIONS
Right to Protest:

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