38-Instructions to Vendors, GEN2131264P1.pdf

INSTRUCTIONS TO VENDORS

REQUEST FOR PROPOSAL, REQUEST FOR QUALIFICATION, OR REQUEST FOR LETTER OF INTEREST

Master Banking Services

Vendor is instructed to read and follow the instructions carefully, as any misinterpretation or failure to comply with instructions may lead to Vendor’s submittal being rejected or may affect Vendor’s evaluation.

Vendor MUST submit its solicitation response electronically and MUST confirm its submittal in the electronic bidding system for the response to be deemed valid by the County. Refer to Submittal Instructions.

A. Responsiveness Criteria:

A responsive Vendor means a vendor who submits a response to a solicitation that the Director of Purchasing determines meets all solicitation requirements.

Information and applicable forms, are requested to be submitted by the solicitation’s closing date and time, as instructed. Failure to timely submit may result in the Vendor being deemed nonresponsive per instructions.

The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the

County in accordance with Section 21.37(b) of the Broward County Procurement Code.

1. Bond Requirement

Not applicable to this solicitation.

2. Criminal History Screening Practices Requirement

Broward County’s Criminal History Screening Practices Ordinance applies to this solicitation. Vendor must follow the instructions and submit the completed Criminal History Screening Practices Certification with its submittal. If not provided with the submittal, the Vendor must submit within three business days after the County's written request. Failure to submit within the stated timeframe may determine the Vendor to be nonresponsive to the Criminal History Screening Practices requirement.

3. Domestic Partnership Act Requirement

Broward County’s Domestic Partnership Act applies to this solicitation (as a requirement and a tiebreaker criteria). Vendor must follow the instructions and submit the completed Domestic Partnership Act

Certification with its submittal. If not provided with the submittal, the Vendor must submit within three business days after the County's written request. Failure to submit within the stated timeframe may determine the Vendor to be nonresponsive to the Domestic Partnership Act requirement. However, to be eligible for the Domestic Partnership tiebreaker, the Vendor must currently offer the Domestic

Partnership benefit and the completed form must be returned at the time of solicitation submittal.

Vendors who fail to comply with this submittal deadline will not be eligible for the Domestic Partnership tiebreaker.

4. Funding Requirements (ex. Grant, State, or Federal) https://library.municode.com/fl/broward_county/codes/administrative_code?nodeId=CH21OPPOPRCOFIADSEDE_PTVPRCOSO_21.37ACREWATEIR https://library.municode.com/fl/broward_county/codes/code_of_ordinances?nodeId=PTIICOOR_CH26PE_ARTVIIICRHICHEMAPVE_S26-125CRHISCPR https://library.municode.com/fl/broward_county/codes/code_of_ordinances?nodeId=PTIICOOR_CH16_1-2HURI_ARTVIIIDOPAAC_S16_1-2_-157COCOPREQBEDOPA

5. Living Wage Requirements

6. Lobbyist Registration Requirement

Broward County’s Lobbyist Registration Act applies to this solicitation. Vendor must follow the instructions and submit the completed Lobbyist Registration Requirement Certification with its submittal. If not provided with the submittal, the Vendor must submit within three business days after the County's written request. Failure to submit within the stated timeframe may determine the Vendor to be nonresponsive to the Lobbyist Registration requirement.

7. Pricing Requirements and Submittal

a. Vendor must submit pricing via electronic bidding system for each banking service being proposed. It is solely the Vendor’s responsibility to ensure pricing is submitted and received electronically through electronic bidding system by the solicitation’s closing date and time. The County will not consider pricing received by other means.

b. Pricing submittal is a matter of responsiveness. Failure to complete and electronically submit pricing per solicitation’s instructions by the solicitation’s end closing date and time shall determine the

Vendor to be nonresponsive to the Pricing Requirements.

c. Proposed pricing remains subject to negotiation, which may result in a reduction from the Vendor’s proposed pricing. If scoring is applicable to the solicitation, scoring for price is set forth in the

Evaluation Criteria, including the formula for calculation of pricing points.

8. Additional Responsiveness Requirement

B. Responsibility Criteria:

A responsible vendor means a vendor who is determined to have the capability in all respects to fully perform fully the requirements of a solicitation, as well as the integrity and reliability that will ensure good faith performance.

The Director of Purchasing or the Evaluation Committee (as applicable) may request additional information from any Vendor on matters that may affect a Vendor’s responsibility. A Vendor may submit additional information regarding its responsibility, but such information will not be considered if it contradicts or materially alters the information provided in the original solicitation response.

A Vendor’s failure to provide information requested in the manner required may result in a recommendation by the Director of Purchasing to, and/or a determination by an Evaluation Committee that the Vendor is nonresponsible.

1. Affiliated Entities of the Principal(s) https://library.municode.com/fl/broward_county/codes/code_of_ordinances?nodeId=PTIICOOR_CH1AD_ARTXIIILOAC_S1-262LORESTFE

a. Vendor is required to disclose the names of “affiliated entities” of the Vendor’s principal(s) over the last five (5) years (from the solicitation’s closing deadline) that have acted as a Prime Vendor with the

County. Vendor must follow the instructions and submit the completed Affiliated Entities of the

Principal(s) Certification with its submittal. If not provided with the submittal, the Vendor must submit within three business days after the County's written request.

b. The County will review all affiliated entities of the Vendor’s principal(s) for contract performance evaluations and the compliance history with the County’s Small Business Program, including County

Business Enterprise (CBE), and Disadvantaged Business Enterprise (DBE), goal attainment requirements in its review and determination of responsibility. “Affiliated entities” of the principal(s) are those entities related to the Vendor by the sharing of stock or other means of control, including but not limited to a subsidiary, parent, or sibling entity.

2. Enterprise Technology Services (ETS) Vendor Security Questionnaire (VSQ)

Vendor must follow the instructions and submit the completed ETS Vendor Security Questionnaire (VSQ)

(for applicable solution – services, hardware, and/or software) with its submittal. If a response requires additional information, attach additional pages with the required additional information with the additional pages and information labeled to match the applicable question number. If not provided with the submittal, the Vendor must submit within three business days after the County's written request.

The VSQ assesses the Vendor’s security policies and/or system protocol and to identify any potential security vulnerabilities. The County will review the Vendor’s VSQ response; any identified security concerns will be disclosed to the Evaluation Committee. Unresolved security concerns shall be considered by the Evaluation Committee as part of its final evaluation and may affect the Vendor’s evaluation.

3. Financial Information/Financial Ability

a. Vendor is required to submit the Vendor’s financial statements by the solicitation’s closing date and time, to demonstrate the Vendor’s financial capabilities. If not provided with the submittal, the

Vendor must submit within three business days after the County's written request.

b. Vendor shall submit its most recent two years of financial statements for review. The financial statements are not required to be audited financial statements. The annual financial statements shall be in the form of:

i. Balance sheets, income statements and annual reports; or

ii. SEC filings.

If tax returns are submitted, ensure the documents do not include any personal information (as defined under Section 501.171, Florida Statutes), such as social security numbers, bank account or credit card numbers, or personal pin numbers. If any personal information is part of financial statements, redact information prior to submitting to the County.

https://www.flsenate.gov/laws/statutes/2014/501.171

c. If a Vendor has been in business for less than the number of years of required financial statements, then the Vendor must disclose financial statements for all years that the Vendor has been in business, including any partial year-to-date financial statements.

d. The County may consider the unavailability of the most recent year’s financial statements and whether the Vendor acted in good faith in disclosing the financial documents in its evaluation.

e. Any claim of confidentiality on financial statements must be asserted at the time of submittal. Refer to Confidential Material/Public Records and Exemptions for instructions on submitting confidential financial statements. The Vendor’s failure to provide the information as instructed may lead to the information becoming public.

4. Foreign Country of Concern Requirements

Foreign Country of Concern requirement applies to this solicitation, as resultant contract may give access to an individual’s personal identifying information. Vendor must follow the instructions and submit the completed Foreign Country of Concern Attestation with its submittal. If not provided with the submittal, the Vendor must submit within three business days after County’s written request.

5. Insurance Requirements

The Minimum Insurance Requirement Form reflects the insurance requirements deemed necessary for this project. Vendor is required to either submit insurance certificates indicating that the Vendor currently carries the level insurance coverages OR submit a letter from the insurance carrier indicating the Vendor can obtain the required insurance coverages if awarded this contract. If not provided with the submittal, the Vendor must submit within three business days after the County's written request.

6. License, Prequalification, or Certification Requirements

a. License/Certification Requirement:

Vendor should submit proof of licensing/certification(s) with its submittal. If not provided with the submittal, the Vendor must submit such proof within three business days after the County's request.

The Vendor may be deemed nonresponsive for failure to possess license/certification at time of submittal.

To be considered a responsible and responsive Vendor for the scope of services set forth in this solicitation, Vendor must possess the following licenses/certifications (including any specified State registration, if applicable) at the time of submittal.

Group 2: Merchant Card Services

i. Payment Card Industry Data Security Standards Attestation of Compliance

Group 4: Third-Party Custodian/Safekeeping Services

i. Qualified Public Depository, issued by the State of Florida Department of Financial Services

ii. Registration with NACHA (National Automated Clearing House Association)

Group 5: Treasury Services

i. Qualified Public Depository, issued by the State of Florida Department of Financial Services

ii. Registration with NACHA (National Automated Clearing House Association)

iii. Payment Card Industry Data Security Standards Attestation of Compliance

7. Litigation History

Vendor must follow the instructions and submit the completed Litigation History with its submittal. If not provided with the submittal, the Vendor must submit within three business days after the County's written request.

8. Office of Economic and Small Business Development Program Requirements

SBE/CBE Reserve or Goal Participation is not applicable to this solicitation.

9. Workforce Investment Program Requirements

10. Payment Card Processing Questionnaire

Vendor must follow the instructions and submit the completed Payment Card Processing Questionnaire with written detailed response for each question with its submittal. If not provided with the submittal, the Vendor must submit within three business days after the County's written request. Vendor may be deemed non-responsible for failure to fully comply within these stated timeframes.

The County will review the Vendor’s Payment Card Processing Questionnaire responses; any identified concerns will be disclosed to the Evaluation Committee. Questionnaire responses will be considered by the Evaluation Committee and may affect determination of responsibility or Vendor’s overall evaluation.

11. Additional Responsibility Requirement

C. Additional Information and Certifications

The following forms and supporting information (if applicable) should be completed and provided with the solicitation response. If not provided with the submittal, the Vendor must submit within three business days after the County's written request. Failure to timely submit requested information and/or to certify to requirement may affect the Vendor’s evaluation.

1. Vendor Questionnaire and Standard Certifications

Refer to the Vendor Questionnaire and Standard Certifications and submit as instructed.

a. Drug-Free Workplace Certification

b. Non-Collusion Certification

c. Public Entities Crimes Certification

d. Scrutinized Companies List Certification

2. Procurement Preference for SBE and CBE (Section 1-81.10, Broward County Business Opportunity Act)

This solicitation allows for Procurement Preferences for Broward County Small Business Enterprises and

County Business Enterprises. Refer to the Procurement Preferences for Broward County Small Business

Enterprises and County Business.

3. Treasury Services Questionnaire:

Refer to the Treasury Services Questionnaire and submit as instructed.

D. Standard Agreement Language Requirements

1. The solicitation’s contract terms and conditions are:

a. Standard Agreement Form BCF 101 (Dated 7/1/2026)

b. Service Level Agreement

c. Enterprise Technology Services Security Requirements Exhibit – High Risk

Vendors should provide a copy of their standard terms and conditions that they expect to include in the agreement, with their submittal for any banking service(s) proposed under this solicitation. The County may request revisions or modifications as part of the negotiation process with the highest-ranked vendor(s).

2. Vendor is required to review the terms and conditions and submit the Agreement Exceptions. The completed form should be provided with the solicitation response. If not provided with solicitation response, it shall be deemed an affirmation by the Vendor that it accepts all the referenced contract terms and conditions and any additional terms listed above.

3. If exceptions are taken, the Vendor must specifically identify each term and condition to which it is taking an exception. Any exception not specifically listed is deemed waived. Simply identifying a section or article number is not sufficient to state an exception. The Vendor must provide either a redlined version of the specific change(s) or specific proposed alternative language. Additionally, a brief justification specifically addressing each provision to which an exception is taken must be provided.

4. The acceptance of or any exceptions taken to the terms and conditions of the County’s agreement language is considered a part of the Vendor’s response and will be considered by the Evaluation

Committee. Submission of exceptions by the Vendor does not constitute acceptance of those exceptions by the County. Furthermore, taking exceptions to the County’s terms and conditions may be viewed unfavorably by the Evaluation Committee and ultimately may impact the overall evaluation of a Vendor’s submittal.

E. Procurement Authority

Pursuant to Section 21.33 of the Procurement Code, RFPs, RLIs, and RFQs with an anticipated total value of more than $500,000 require Board approval.

F. Project Funding Source

This project is funded in whole or in part by:

County Funds https://www.browardcdn.org/api/public/content/3fdda973b1554e3bbe983f90347e081c?v=205c167d https://www.browardcdn.org/api/public/content/fc566f2ccf4f41ec836bfad7207be1ec?v=a70f4074

G. Cone of Silence

1. The County’s Cone of Silence Ordinance, Section 1-266, of the Broward County Code of Ordinances, 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.

2. Only communications with Purchasing Division employees, the solicitation’s designated Project

Manager(s) or designee(s), the Office of Economic and Small Business Development (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.

3. 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 Board takes other action which ends the solicitation, as more fully stated in the Cone of Silence.

4. Any violations of the Code of Silence Ordinance by any vendor or vendor representative may be reported to the County’s Professional Standards. If the County’s Professional Standards 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.

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

H. Vendor Questions

The County provides a specified time for Vendors to ask questions and seek clarification regarding the solicitation requirements. All questions or clarification inquiries must be submitted through BPRO by the

Question due date. The County will respond to questions in BPRO (Messages section).

I. Addenda

The County reserves the right to amend this solicitation prior to the deadline for Vendor responses by issuing written addenda to the solicitation. If, upon review, a Vendor finds a nonclerical error in an addendum, that

Vendor must contact the Purchasing Division immediately, prior to the deadline for submission of responses, to allow the County to review the alleged error and to issue any clarification, if the County determines that a clarification is necessary. Vendors are responsible for obtaining and reviewing each addendum prior to the deadline for submission of responses to the solicitation. The terms of all addenda are incorporated into the solicitation.

J. Committee Appointment and Project Manager

1. Committee Members Information:

An Evaluation Committee is responsible for recommending the most qualified Vendor(s). The solicitation’s appointed committee members are listed on the Purchasing Division’s website under Committee https://library.municode.com/fl/broward_county/codes/code_of_ordinances?nodeId=PTIICOOR_CH1AD_ARTXIIILOAC_S1-266COSI https://www.broward.org/EconDev/Pages/default.aspx https://www.broward.org/EconDev/Pages/default.aspx https://library.municode.com/fl/broward_county/codes/code_of_ordinances?nodeId=PTIICOOR_CH1AD_ARTXIIILOAC_S1-266COSI https://www.broward.org/Purchasing/Pages/CommitteeAppointment.aspx

Appointment. Committee Members are covered by the Cone of Silence.

2. Project Manager Information:

Project Manager: Ludmilla Courteau, Finance Manager

K. Evaluation Criteria

1. The Evaluation Committee will evaluate Vendors as per the Evaluation Criteria. The County reserves the right to obtain additional information from a Vendor.

2. Unless the Evaluation Criteria is identified as a solicitation Responsiveness or Responsibility Requirement

(i.e., pricing, certifications, etc.), a Vendor’s failure to respond to Evaluation Criteria will not be considered a matter of responsiveness or responsibility. Vendors that fail to submit information and/or documentation required by an evaluation criterion by solicitation’s closing date and time may receive no points (if applicable) for the corresponding Evaluation Criteria. The County is not required to request, consider, or analyze the Vendor’s Evaluation Criteria responses received after the solicitation’s closing date.

3. The County reserves the right to obtain clarifying information from a Vendor in writing for the Evaluation

Committee.

4. For Request for Proposals - the following shall apply:

a. The Evaluation Committee may shortlist the most qualified firms prior to the Final Evaluation, in accordance with the Procurement Code.

b. The Evaluation Criteria identifies points available; a total of 100 points is available.

c. If the solicitation includes a request for a pricing submittal, the formula for awarding points will be identified in the Evaluation Criteria.

d. After completion of scoring, the County may negotiate pricing as in its best interest.

5. For Requests for Letters of Interest or Request for Qualifications - the following shall apply:

a. The Evaluation Committee will create a shortlist of the most qualified firms.

b. The Evaluation Committee will either:

i. Rank shortlisted firms; or

ii. If the solicitation is part of a two-step procurement, shortlisted firms will be requested to submit a response to the Step Two procurement.

L. Review and Evaluation of Responses

The process for this procurement may proceed in the following manner:

1. Agency staff prepares a report, including a matrix of responses submitted by the Vendors. This may include a technical review, if applicable.

2. A solicitation may only be awarded to a Vendor determined responsive and responsible to the solicitation’s requirements. The Director of Purchasing shall determine whether submissions are responsive. The

Director of Purchasing’s responsiveness determination is not binding on the Evaluation Committee; the https://www.broward.org/Purchasing/Pages/CommitteeAppointment.aspx

Evaluation Committee may accept or reject the Director of Purchasing’s responsiveness determination but must specifically state the basis for any rejection.

3. When making determinations of responsibility, the Director of Purchasing or the Evaluation Committee (as applicable) may request additional information from any Vendor on matters that may affect a Vendor’s responsibility. The failure of a Vendor to provide information requested by the County may result in a determination of nonresponsibility. In addition, a Vendor may submit information regarding its responsibility; however, information shall not be considered if it contradicts or materially alters the information provided by the Vendor in its original response to the solicitation.

4. The Evaluation Committee, with assistance of the Purchasing Division and based on information provided by the applicable County Agencies and the Office of the County Attorney, shall determine whether Vendors who have submitted responsive submissions are responsible. The solicitation’s awarding authority shall have the ultimate authority to determine whether Vendors who have submitted responsive submissions are responsible.

M. Local Preference

Broward County’s local preference provisions shall apply except where otherwise prohibited by federal or state law or other funding source restrictions.

Refer to Section 1-75 of the Broward County Local Preference Ordinance and the Location Certification Form for further information.

For RFPs: upon the completion of final rankings (technical and price combined, if applicable) by the Evaluation

Committee, if a nonlocal Vendor is the highest ranked Vendor and one or more Local Businesses (as defined by Section 1-74 of the Broward County Code of Ordinances) are within five percent (5%) of the total points obtained by the nonlocal Vendor, the highest ranked Local Business shall be deemed to be the highest ranked

Vendor overall, and the County shall proceed to negotiations with that Vendor. If impasse is reached, the

County shall next proceed to negotiations with the next highest ranked Local Business that was within five percent (5%) of the total points obtained by the nonlocal Vendor, if any.

The Location Certification Form will be used for local preference and location tiebreaker criteria.

N. Demonstrations

1. Vendors determined to be both responsive and responsible to the solicitation’s requirements and shortlisted (if applicable), are required to demonstrate its offered solution for compliance to the

Demonstration Script, which is subject to change by the County prior to Demonstrations.

2. All Vendors will have equal time for demonstrations. Subconsultants/subcontractors may only participate during one demonstration session, if partnering with multiple Prime Vendors.

3. A designated Technical Review Team (“TRT”) will view all Vendor demonstrations. The TRT will review all

Vendor demonstrations for compliance to the Demonstration Script. The Project Manager will provide a https://library.municode.com/fl/broward_county/codes/code_of_ordinances?nodeId=PTIICOOR_CH1AD_ARTIVFIAF_DIV5BIPRLOVE_S1-75LOPRPR https://library.municode.com/fl/broward_county/codes/code_of_ordinances?nodeId=PTIICOOR_CH1AD_ARTIVFIAF_DIV5BIPRLOVE_S1-74DE final TRT report to the Evaluation Committee members prior to the Final Evaluation Committee meeting.

4. In accordance with Section 286.0113, Florida Statutes, and pursuant to the direction of the Broward

County Board of Commissioners, Demonstration Meetings are closed. Only the Vendor’s team, County staff, and County’s representative (if applicable) may attend.

O. Presentations

1. Vendors that are determined to be both responsive and responsible to the solicitation’s requirements and shortlisted (if applicable) may make a presentation to the Evaluation Committee on the Vendor’s submittal. The committee may provide a list of presentation topics. Each Vendor will have equal time to present; question-and-answer time may vary by Vendor.

2. In accordance with Section 286.0113, Florida Statutes, and the direction of the Broward County Board of

Commissioners, presentations during Evaluation Committee meetings are closed. Only the Evaluation

Committee members, County staff (and County’s representative, if applicable), and the Vendor and their team scheduled for that presentation will be present in the meeting during the presentation and subsequent question and answer period. Subconsultants/subcontractors may only participate during one presentation/question and answer session, if partnering with multiple Prime Vendors.

P. Evaluation Committee Meetings, Committee Questions, Request for Clarifications, Additional Information

1. Evaluation Committee Meetings dates, times and locations are posted on Broward County’s Sunshine

Meetings website.

2. At any committee meeting, the Evaluation Committee members may ask questions, request clarification, or require additional information of any Vendor’s submittal or proposal. It is highly recommended

Vendors attend to answer any committee questions (if requested), including a Vendor representative that has the authority to bind the Vendor. Vendor’s answers may impact evaluation (and scoring, if applicable).

Q. Confidential Material; Public Records and Exemptions

1. Broward County is a public agency subject to Chapter 119, Florida Statutes. Upon receipt, all submittals become “public records” and are subject to public disclosure consistent with Chapter 119, Florida

Statutes. Submittals may be posted on the County’s public website or provided by the County in a public records request response, except to the extent records are identified by the Vendor as confidential and/or exempt pursuant to the public records law and in accordance with the procedures in this section.

2. Any material(s) that the Vendor asserts are confidential and/or exempt from public disclosure under

Florida Statutes must be conspicuously labeled at the time of submittal as “Confidential” and marked with the specific Florida statute and subsection permitting that exemption under Florida public records law.

3. To submit material as confidential and/or exempt, the Vendor must submit to “Broward County

Purchasing Division, 115 South Andrews Avenue, Room 212, Fort Lauderdale, Florida 33301,” in a sealed envelope labeled with the solicitation number and title, name and contact information for the Vendor, itemization of the contents, identification of the Florida statute(s) and subsection(s) permitting the https://www.flsenate.gov/Laws/Statutes/2020/0286.0113 https://www.flsenate.gov/Laws/Statutes/2020/0286.0113 http://www.broward.org/Commission/Pages/SunshineMeetings.aspx http://www.broward.org/Commission/Pages/SunshineMeetings.aspx applicable exemption(s), and the solicitation’s closing date and time, the following:

a. Three (3) hard copies of the materials, unredacted, with each page containing material that is confidential and/or exempt conspicuously labeled “Confidential”; and

b. One (1) copy of the same materials, titled “Redacted Copy,” redacted to remove/redact only those portions of the materials that are confidential and/or exempt under Florida law.

4. If the Vendor does not submit the materials in strict accordance with this section, then the Vendor may be deemed to have waived any claim that the materials are confidential and/or exempt and the County is deemed authorized to post the entire submittal on the County’s public website and/or produce the entire submittal in response to a public records request for the materials.

5. By submitting materials marked as confidential and/or exempt, Vendor agrees to indemnify County and its employees and agents from any and all claims, fines, penalties, damages, judgments, and liabilities of any kind, including attorneys’ fees and costs, relating to the County’s nondisclosure of those materials in response to a public records request by a third party. The Vendor shall be responsible for defending its determination that the redacted portions are not subject to disclosure under applicable law.

6. Submitting material as confidential and/or exempt may impact discussion and consideration of the

Vendor’s submittal by the Evaluation Committee because the Evaluation Committee may be unable to fully discuss the confidential and/or exempt material at the public evaluation meeting.

R. Copyrighted Materials

Submittal of copyrighted material will constitute a license and permission for the County to use, reproduce, distribute, and publish (including both hard copy and electronic copies) as reasonably necessary for the evaluation of the solicitation response by County staff and agents, as well as to make the materials available for inspection or production pursuant to Public Records Law, Chapter 119, Florida Statutes.

S. Public Art and Design Program

T. Tiebreaker Criteria

In accordance with Section 21.42(d) of the Broward County Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the Vendor's solicitation response at time of submittal.

Complete and accurate information must be contained in the Vendor’s initial submittal to ensure credit is received for any tiebreaker criterion. Except to the extent precluded by applicable funding or legal requirements, tiebreaker criteria are as follows:

1. Location Certification;

2. Domestic Partnership Act Certification;

3. Drug-Free Workplace Certification;

https://www.flsenate.gov/Laws/Statutes/2021/Chapter119/All https://library.municode.com/fl/broward_county/codes/administrative_code?nodeId=CH21OPPOPRCOFIADSEDE_PTVPRCOSO_21.42PRRFRLRF

4. Volume of Previous Payments Attestation;

5. If the foregoing does not resolve the tie, the Evaluation Committee shall reconsider the responses and re-rank the tied vendors;

6. If the foregoing does not resolve the tie, the Vendor receiving the most first place votes from the

Evaluation Committee's reranking.

U. Posting of Solicitation Results and Recommendations

The Broward County Purchasing Division's website is the location for the County's posting of all solicitations and recommendation for award and recommendation of rankings. It is the obligation of each Vendor to monitor the website in order to obtain complete and timely information.

V. Vendor Protest

Part X of the Broward County Procurement Code sets forth procedural requirements that apply if a Vendor intends to protest a solicitation or proposed award of a contract and states in part the following:

1. Any written protest concerning the specifications or requirements of a solicitation (or of any addenda thereto) must be received by the Director of Purchasing within five (5) business days after the applicable solicitation (or addenda) is posted on the Purchasing Division’s website.

2. Any written protest concerning a proposed award or ranking must be received by the Director of

Purchasing within five (5) business days after the proposed award or ranking is posted on the Purchasing

Division’s website.

3. Failure to file a written protest so that it is received by the Director of Purchasing within the timeframes set forth in Part X of the Broward County Procurement Code shall constitute a waiver of the right to protest. A protest submitted to anyone other than the Director of Purchasing shall not be a valid protest.

4. Except as to any protest of the specifications or requirements of a solicitation, as a condition of initiating any protest, the protestor must, concurrently with filing the protest, pay a filing fee for the purpose of defraying the costs in administering the protest in accordance with the scheduled provided below. The filing fee shall be refunded if the protestor prevails in the protest. Failure to timely pay the required filing fee shall render the protest invalid.

Estimated Contract Amount Filing Fee

Mandatory Bid Amount up to $250,000 $500

$250,000 - $500,00 $1,000

$500,001 - $5 million $3,000

Over $5 million $5,000

The estimated contract amount shall be the total bid (proposal) amount offered by the protesting Vendor in its response to the solicitation, inclusive of any contract renewals or extensions. If no amount was submitted by the protestor, the estimated contract amount shall be the County’s estimated procurement https://library.municode.com/fl/broward_county/codes/administrative_code?nodeId=CH21OPPOPRCOFIADSEDE_PTXPTIRECO contract price. The County will accept a filing fee in the form of a money order, certified check, or cashier’s check, payable to “Broward County,” or other manner of payment approved by the Director of Purchasing.

W. Right To Appeal

The protestor may appeal the Director of Purchasing’s denial of the protest with respect to the proposed award of a solicitation in accordance with Part XII of the Broward County Procurement Code. Decisions by the

Director of Purchasing with respect to the specifications or requirements of a solicitation may only be appealed to the County Administrator or their designee, who shall determine the method, timing, and process of the appeal and whose decision shall be final.

1. The appeal must be received by the Director of Purchasing within ten (10) days after the date of the determination being appealed.

2. The appeal must be accompanied by an appeal bond by a Vendor having standing to protest and must comply with all other requirements of Part XII of the Broward County Procurement Code. The appeal bond is based on the estimated contract amount, per Section 21.84 of the Procurement Code.

3. Except as otherwise provided by law, the filing of an appeal is an administrative remedy that must be exhausted prior to the filing of any civil action against the County concerning any subject matter that, had an appeal been filed, could have been addressed as part of the appeal.

X. Rejection of Responses

The Director of Purchasing may reject all responses to a solicitation, even when only one response is received, if the Director of Purchasing determines that doing so would be in the best interest of the County; provided, however, that only the Board may reject all responses to a solicitation where the issuance of the solicitation was approved by the Board.

Y. Negotiations

Once a ranking is deemed final, the County shall commence contract negotiations with the top-ranked Vendor

(or, if provided in the solicitation, with multiple top-ranked Vendors simultaneously). If the negotiation does not result in mutually satisfactory contract terms within a reasonable time, as determined by the Director of

Purchasing, then the Director of Purchasing may terminate negotiations with the applicable Vendor and commence (or continue, if the solicitation provided for negotiation with multiple top-ranked Vendors) negotiations with the next-ranked Vendor(s) or issue a new solicitation, as the Director of Purchasing determines to be in the best interest of the County.

Z. Submittal Instructions

1. Vendor MUST submit its solicitation response electronically through BPRO and receive a Submission

Receipt. It is solely the Vendor’s responsibility to ensure its response is submitted and received through

BPRO by the closing date and time. The County will not consider solicitation responses received by other means. Vendors are encouraged to submit in advance of the closing date and time. Refer to the Purchasing

Division website or contact support@gobonfire.com for submittal instructions. In the event that the https://library.municode.com/fl/broward_county/codes/administrative_code?nodeId=CH21OPPOPRCOFIADSEDE_PTXIIAP https://www.broward.org/purchasing/Pages/Default.aspx https://www.broward.org/purchasing/Pages/Default.aspx mailto:support@gobonfire.com

Vendor is having difficulty submitting a document, immediately notify the Purchasing Agent and then contact support@gobonfire.com for technical assistance.

2. Vendor must view and download each of the documents in the electronic bidding system.

3. After all documents are viewed and downloaded from the electronic bidding system, the Vendor must upload additional information requested by the solicitation (i.e. Evaluation Criteria, certifications, etc.) in the Provide Submission Information section in the electronic bidding system, Evaluation Criteria responses should be non-locked file format.

4. If a Vendor is declaring any material confidential and exempt from Public Records, refer to Confidential

Material; Public Records and Exemptions section for submittal instructions.

5. After all files are uploaded, Vendor must submit and finalize submission for offer to be received electronically through the electronic bidding system.

6. If a solicitation includes a Bond Requirement (Responsiveness Criteria), the Vendor must submit in a sealed envelope, labeled with the solicitation number, title, by the solicitation’s closing date and time, to:

Broward County Purchasing Division

115 South Andrews Avenue, Room 212

Fort Lauderdale, FL 33301

A copy of the bond should also be uploaded into the electronic bidding system; this does not replace the requirement to submit an original bond by the solicitation’s closing date and time.

7. Broward County does not require any personal information (as defined under Section 501.171, Florida

Statutes), such as social security numbers, driver license numbers, passport, military ID, bank account or credit card numbers, or any personal pin numbers, in order to submit a response for ANY Broward County solicitation. DO NOT INCLUDE any personal information data in any document submitted to the County.

If any personal information data is part of a submittal, this information must be redacted prior to submission to the County.

Form Date 11/14/25 mailto:support@gobonfire.com https://www.flsenate.gov/laws/statutes/2014/501.171