4-Summary of Vendor Rights for Broward County Competitive Solicitations.docx
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- Attached to
- Call Branding for 911 Abandoned Call-Backs
- Solicitation number
- GEN2130512B1
- Issued by
- Broward County, Florida
About this file
This is a vendor rights summary document for Broward County competitive solicitations that outlines the procedural rights available to vendors participating in county procurement processes. The document details two primary vendor rights: the right to object to proposed recommendations of ranking for Requests for Proposals (RFP), Requests for Qualifications (RFQ), or Requests for Letters of Interest (RLI) within three business days of posting, and the right to protest solicitation specifications, requirements, or award recommendations within five business days of posting on the Purchasing Division's website. The summary also explains the appeal process for denied protests and emphasizes strict compliance with filing requirements and deadlines to preserve these rights.
The document establishes important communication restrictions through Broward County's Cone of Silence Ordinance, which prohibits communications between vendors, county staff, and commissioners during active solicitations, with specific exceptions for designated personnel and formal meetings. Violations of the Cone of Silence may result in fines and potential voiding of awards at the Board of County Commissioners' discretion. All procedural requirements reference the full Broward County Procurement Code, with filing fees and appeal bonds potentially required depending on the specific action taken by vendors.
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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 .