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

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Attached to
Air Conditioning and Refrigeration Equipment Maintenance and Replacement Services
Solicitation number
BLD2131493B1
Issued by
Florida

About this file

This document is a summary of vendor rights for Broward County, Florida competitive solicitations, outlining the procedures and protections available to vendors participating in the county's procurement process. The document applies to all competitive solicitation types, including Invitations to Bid (ITBs), Requests for Proposals (RFPs), Requests for Qualifications (RFQs), and Requests for Letters of Interest (RLIs). The related contract opportunity involves furnishing all labor, equipment, and material necessary to perform heating, ventilation, air conditioning (HVAC), and refrigeration equipment maintenance and replacement services for the Water & Wastewater Services division in accordance with specified requirements. Vendors must submit solicitation responses electronically through BPRO by the closing date and time, with the county providing a specified period for vendors to submit questions and seek clarification regarding solicitation requirements through BPRO's messaging section.

The document establishes vendor rights to object to proposed evaluation committee rankings within three business days of posting and to protest solicitation specifications or award recommendations within five business days of posting, with protests subject to filing fees as applicable per the Broward County Procurement Code. Vendors may appeal denied protests, potentially requiring payment of an appeal bond. The county enforces a Cone of Silence ordinance that prohibits communications relating to the competitive solicitation among vendors, vendor representatives, and county staff during the solicitation period, with permitted exceptions for communications with designated purchasing division employees, project managers, and the Office of Economic and Small Business Development. The Cone of Silence begins upon solicitation advertisement and terminates upon award, rejection of all responses, or other action ending the solicitation, with violations subject to fines and potential award voidance at the county commissioners' discretion.

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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 .