BOARD OF COUNTY COMMISSIONERS

BRADFORD COUNTY, FLORIDA

PURCHASING POLICY AND PROCEDURES

Adopted July 7, 2026

TABLE OF CONTENTS

I. Introduction 1 II. Definitions 1

III. Application of Purchasing Policy 3 A. Purchasing 3 B. Federal Grant Awards 3 C. Penalties for Violations of Policy 3

IV. Designation of Purchasing Manager 4 V. Purchasing Procedures – Up to $24,999.99 4

A. Standard Purchasing 4 B. Emergency Purchases 5 C. Blanket Purchase Orders 6 D. Exceptions to Obtaining Purchase Orders 6

VI. Distinctive Purchases 6 A. Intergovernmental Radio Communication Program 6 B. Travel and Continuing Education 6 C. Credit Card 7 D. Sole Source 7 E. State Contract 7 F. Piggyback 8 G. Gas Tax Projects 8 H. Check Requests 8

VII. Formal Bid Procedures – Purchases $25,000 and Up 9 A. Competitive Sealed Bidding 9 B. Competitive Sealed Proposals 20 C. Local Preference 21 D. Exemption from Bidding Process 22 E. Cancellation of Bids 24 F. Emergency Projects and Engagements 24 G. Contract Crime and Revocation of Bid Qualifications 25 H. Bid Protests and Appeals 28

VIII. Fixed Assets 29 IX. Complaints or Grievances 29

Appendix A – Forms

• Credit Card Receipt Form

• Check Request Form

• Telephone Quote Documentation Form

• Written Quote Documentation Form

• Travel and Per Diem Voucher

I. INTRODUCTION

This policy was prepared by the office of the county manager and clerk to the board for the purpose of establishing a standard set of guidelines, policies, and procedures for the procurement of goods, services, construction, and equipment by the Board of County Commissioners of Bradford County and is adopted pursuant to the authority granted under Chapter 125, Florida Statute and other relevant provisions of Florida law.

II. DEFINITIONS

The following words, terms and phrases, when used in this policy, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

1. Business shall mean any corporation, partnership, individual, sole proprietorship, joint-stock company, joint venture, or any other private legal entity.

2. Change Order shall mean a written order, amending the scope of, amount, or correcting errors, omissions, or discrepancies in a contract or purchase order.

3. Competitive Sealed Proposal shall mean a method which requires the vendor to provide a detailed proposal in response to the specifications, which may be more general in nature, and usually results in a contractual agreement. This method allows for negotiation in scope, price, and delivery, whereas the sealed bid process allows no substantial changes. Proposals under this process are solicited through a request for competitive sealed proposals.

4. Contract shall mean all types of agreements between third parties and the county, regardless of what they may be called, for the purchase or disposal of supplies, services, materials, equipment or construction.

5. Contract modification shall mean any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action or agreement of the parties to the contract.

6. Contractor shall mean any person having a contract with the county.

7. Invitation to bid shall mean all documents, whether attached or incorporated by reference, used for soliciting sealed bids. Once bids are opened by the county, no changes in scope or price shall be allowed.

8. Person shall mean any business, individual, committee, club or other organization, or group of individuals.

9. Purchase order shall mean that contractual document whereby the county requests that a contract be entered into for a specified need, and may include, but not be limited to, the technical description of the requested item, delivery schedule, transportation, criteria for evaluation, suggested sources of supply, and information supplied for the making of any written determination required by this policy.

10. Purchasing shall mean buying, procuring, renting, leasing, or otherwise acquiring any materials, supplies, services, construction, or equipment.

It also includes all functions that pertain to the obtaining of any material, supplies, construction, and equipment.

11. Request for proposals shall mean all documents, whether attached or incorporated by reference, utilized for soliciting proposals.

12. Request for quotation shall mean a method of soliciting written prices by either telephone or mail which incorporates specifications, terms, and conditions.

13. Request for statements of qualifications shall mean all documents, whether attached or incorporated by reference, utilized for soliciting statements or qualifications. This method shall be used for acquisition of professional services exceeding $24,999.99, except as stated in F.S. § 287.055, and in this policy, and shall require vendors to submit written qualifications for the proposed project which would typically include capabilities, adequacy of personnel, past record, experience, whether the firm is a certified minority business enterprise as defined by the Florida Small and Minority Business Assistance Act of 1985 and such other factors required by the county. Pricing shall not be made a part of the vendor submittal. This method allows for negotiation in scope, price, delivery, terms, and results in a contractual agreement.

Qualifications may be solicited through a request for proposals.

14. Responsible bidder or offeror shall mean a person who has the capability, in all respects, to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.

15. Responsive bidder shall mean a person who has submitted a bid which conforms in all material respects to an invitation to bid.

16. Specification shall mean any description of the physical or functional characteristics of the nature of a material, supply, service, construction or equipment item. It may include a description of any requirement for inspection, testing, or preparing a material, supply, service, construction or equipment item for delivery.

III. APPLICATION OF PURCHASING POLICY

A. Purchasing

i. All purchases by the board of county commissioners, and all departments thereunder, shall be for goods and services that serve a county purpose and for which there are budget monies available for the purchase. All purchases for goods and services greater than $999.99 shall be made by purchase order issued prior to said purchase pursuant to those rules or procedure established by this policy and adopted by the board of county commissioners.

ii. This policy shall apply only to contracts solicited or entered into after the date of approval of this policy unless the parties agree to its application to a contract solicited or entered into prior to said date.

iii. This policy shall apply to county purchasing activities involving materials, supplies, services, construction and equipment. The provisions of this policy shall not be mandatory with regard to purchases from the state of other political subdivisions or purchases made pursuant to F.F. SS 287.055.

B. Federal Grant Awards

i. The Board of County Commissioners of Bradford County, Florida will adhere to all federal purchasing requirements in the administration of federal grant awards.

C. Penalties for Violations of Policy

i. Any violation of the purchasing or bidding procedures established by this policy by a county employee shall subject the employee to disciplinary action, including possible termination.

IV. DESIGNATION OF PURCHASING MANAGER

A. The county manager shall serve as purchasing manager and central purchasing officer of the county.

B. The initial purchasing agent shall be the county clerk of court, who also serves as clerk to the board.

C. The county manager or their designee shall be authorized to:

i. Purchase or supervise the purchasing of all supplies, services, materials, equipment, and construction needed by the county;

ii. Sell, trade, or otherwise dispose of surplus supplies, materials, and equipment belonging to the county; and

iii. Ensure that there are budgeted monies available to fund all purchase orders.

D. The county manager or their designee shall:

i. Promulgate and amend as necessary regulations governing the preparation, maintenance, and control of specifications for materials, supplies, services, construction, and equipment to be purchased by the county.

ii. Prepare, issue, revise, maintain, and monitor the use of specifications for materials, supplies, services, construction, and equipment required by the county.

iii. All specifications shall seek to promote overall economy for the purposes intended and encourage competition without being unduly restrictive.

iv. The requirements of this section regarding the purposes and non-restrictiveness of specifications shall apply to all specifications, including, but not limited to, those prepared by architects, engineers, designers, draftsmen, and others retained or working for and on behalf of the county.

V. PURCHASING PROCEDURES – UP TO $24,999.99

A. Standard Purchasing The following procedures shall govern all budgeted purchases up to and including $24,999.99, if there are budgeted funds available to fund the purchase or contract:

i. In the case of purchases of a value not greater than $999.99 the county manager, their designee(s), or the department head as their designee(s) are authorized to make such purchases;

ii. In the case of purchases of a value greater than $999.99, but not more than $4,999.99, the county manager, their designee(s), or the department head as their designee, are authorized to make such purchases, based on three telephone quotations and with county manager approval.

iii. In the case of purchases of a value greater than $4,999.99, but not more than $24,999.99, the county manager, their designee(s), or department head is authorized to make such purchases on the basis of three written quotations or current state contract and with county manager approval.

iv. In the case of purchases of a value greater than $24,999.99, such purchases shall be awarded by competitive bid and following approval by the board of county commissioners;

v. Notwithstanding any other provision of this section, in the event that the county manager or their designee determines that the requisite number of quotations are not reasonably available given the facts and circumstances presented at that time, they may deviate from said requirement.

B. Emergency Purchases

i. Notwithstanding any other provision of this policy, the county manager or a department head may make or authorize others to make emergency purchases when there exists a threat to public health, welfare, or safety under emergency conditions. The following procedures shall govern:

1. The department head shall contact the county manager and relate the emergency condition.

2. The county manager, or their designee, shall obtain the best possible purchase price for the item or service to be purchased by the quickest possible means.

3. When the emergency occurs after normal working hours, on weekends, or holidays, and any delay would be detrimental to the county, the department head shall initiate the emergency purchase and shall notify the county manager by 5:00 p.m. on the next workday.

4. When possible, all emergency purchases shall be accompanied by a written determination of the basis for the emergency which shall be signed by the department head and county manager or their designee.

C. Blanket Purchase Orders A Blanket Purchase Order (BPO) may be issued when there are repetitive needs for specific items or services and when the exact quantities and delivery requirements are not known in advance and may vary. A BPO may not exceed the general ledger account approved by the board of county commissioners, and must be liquidated at the end of the fiscal-year.

D. Exceptions to Obtaining Purchase Orders The following costs are exempt from obtaining a purchase order:

i. Contracts/agreements approved by the board of county commissioners. Invoices associated with the approved contract/agreement must reference the date approved by the board of county commissions before submitting to finance.

ii. Annual membership fees not exceeding $24,999.99.

iii. Costs associated with insurance claims.

iv. Annual subscription fees not exceeding $24,999.99.

VI. DISTINCTIVE PURCHASES

A. Intergovernmental Radio Communication Program (IRCP; also known as

IGCF)

i. Purchases must be approved by the IRCP committee AND the board of county commissioners, prior to the purchase being made.

Upon approval, a purchase order must be obtained, and the approval dates should be referenced in the purchase order request.

B. Travel and Continuing Education

i. Costs up to $2,000 per person per conference do not require a purchase order. If the cost exceeds $2,000 per person, per conference, a purchase order is required.

ii. Per Bradford County Resolution 2021-29, the county will adopt the travel and per diem rates promulgated by the State of Florida.

C. Credit Card

i. A purchase order should be obtained before a credit card purchase is made, following the established purchasing limits of this policy.

ii. A credit card should only be used for the following:

1. Travel expenses (e.g. lodging, gas). See Section VI(B) for travel and continuing education.

2. Vendors who do not accept checks.

3. Subscriptions (e.g. books, magazines, software)

4. Membership fees

5. Registration fees (e.g. classes, training, conferences)

6. Situations where time, place or other restrictions or incidental matters make the use of another means for securing the purchase unfeasible or unreasonable.

iii. As soon as possible following any credit card purchase, the receipt must be submitted to the finance department along with a completed credit card receipt form. If a purchase order was obtained, the purchase order number should be referenced on the receipt.

D. Sole Source

i. A sole source contract or purchase without competitive bids or quotations for supplies, materials, equipment, or services that cannot be provided by any other vendor, or on occasions when obtaining goods and services from a specific source would provide a significant benefit to Bradford County, provided the following:

1. The county manager or their designee must approve the sole source justification.

2. The sole source justification must be included in the purchase order request.

3. When over $24,999.99, sole source purchases or contracts must be approved by the board of county commissioners.

E. State Contract

i. A state contract may be used for supplies, materials, equipment, or services purchased at a price established by the state purchasing agency, or at a price equal to or less than the price established by the state purchasing agency.

ii. The active state contract must be attached to the purchase order request.

iii. When over $24,999.99, such contracts shall not be awarded until they have been approved by the board of county commissioners.

F. Piggyback

i. The county may piggyback off an existing contract awarded to another state agency, county, or quasigovernmental agency for the lowest responsible bid price for supplies, materials, equipment, and services; providing that such low bid price was obtained not more than 180 days before the contract was awarded; and provided that the vendor extends the same terms and conditions of the contract to the county.

ii. The awarded contract from which the county will piggyback off of must be attached to the purchase order request.

iii. When over $24,999.99, the piggyback purchase must be approved by the board of county commissioners.

G. Gas Tax Projects

i. The board of county commissioners must approve a project proposal for new road construction, road reconstruction, or resurfacing of existing roads before gas tax funds can be utilized.

ii. The public works director shall notify finance of all board approved gas tax projects to include in the budget.

iii. Board approved gas tax projects do not require purchase orders.

H. Check Requests

i. Check requests shall be made in circumstances when it is not feasible to use a credit card and a check is required for reimbursement or must be used at the time of purchase and therefore obtained in advance.

ii. A check request form should be completed and submitted to finance.

iii. The check request shall comply with all other purchasing procedures established in this policy, as applicable.

VII. FORMAL BID PROCEDURES – PURCHASES $25,000 AND UP

A. Competitive sealed bidding.

i. Required. All contracts for purchases in excess of $24,999.99 shall be awarded by the county commission on the basis of sealed competitive bids.

ii. Invitation to bid; generally. Public notice of an invitation to bid shall provide a reasonable time prior to the date set for the opening of bids. Such notice shall involve publication in a newspaper of general circulation or appropriate trade journal for a reasonable time period prior to bid opening.

iii. Opening bids. Bids shall be opened publicly in the presence of the clerk or their designee, the county manager or their designee, and one or more witnesses at the time and place designated in the invitation to bid. The amount of each bid and such other relevant information as may be specified by policy or specification, together with the name of each bidder, shall be recorded. The record of each bid shall be open to public inspection.

iv. Evaluation of bids. Bids shall be unconditionally accepted without alteration or correction, except as authorized by this policy. Bids shall be evaluated based on the requirements set forth in the invitation to bid, which may involve criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Criteria which may affect the bid price may be considered in evaluation for the award if the criteria can be objectively measured, such as discounts, transportation costs, and total or life cycle costs.

v. Bid changes, withdrawal, etc. Correction or withdrawal of inadvertently erroneous bids before or after award, or cancellation of awards or contracts based on such bid mistakes, shall be permitted in accordance with policies or regulations promulgated by the board of county commissioners. After bid opening, no changes shall be permitted in bid price or other provisions or bids prejudicial to the interest of the county or fair competition. In implementing this requirement, the county manager shall be guided by the standards set forth in Section 287 Florida Statutes. Except as otherwise provided by policy or regulation, all decisions to permit the correction or withdrawal of bids or to cancel awards or contracts based on bid mistakes shall be made within fifteen days after bid opening and shall be supported by a written determination made by the county manager and approved by the board of county commissioners.

vi. Award of contract. A bid report, in the case where bids contain a price greater than $24,999.99, shall be presented to the board of county commissioners for final approval. Following final approval by the board of county commissioners, the contract shall be awarded with reasonable promptness. Contracts awarded by the board of county commissioners shall be awarded to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation to bid.

vii. Approval of change orders. In the case of capital improvement projects where there is a change order, the following procedure shall apply:

1. All change orders require approval by the board of county commissioners and shall be presented to them for such approval as soon as is reasonably possible following receipt thereof;

2. In the event of an emergency or when circumstances otherwise require, the county manager or their designee is authorized to approve change orders pursuant to the requirements of section VII(F) “Emergency Projects and Engagements” – The county manager will report any approved change orders to the board at the next scheduled meeting of the board of County Commissioners.

viii. The board of county commissioners hereby specifically adopts and incorporates in their entirety the provisions of 2 Code of Federal Regulations (CFR) section 200, specifically including subsections 318 through 326, as follows and as may be amended from time to time:

§ 200.318 General procurement standards.

(a) The non-federal entity must use its own documented procurement procedures which reflect applicable State, local, and tribal laws and regulations, provided that the procurements conform to applicable federal law and the standards identified in this part.

(b) Non-Federal entities must maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders.

(c) (1) The non-federal entity must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of their or her immediate family, their or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-federal entities may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-federal entity.

(2) If the non-federal entity has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the non-federal entity must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the non-federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization.

(d) The non-federal entity's procedures must avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach.

(e) To foster greater economy and efficiency, and in accordance with efforts to promote cost-effective use of shared services across the federal government, the non-federal entity is encouraged to enter into State and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services.

(f) The non-federal entity is encouraged to use federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs.

(g) The non-federal entity is encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost.

(h) The non-federal entity must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. See also § 200.213 Suspension and debarment.

(i) The non-federal entity must maintain records sufficient to detail the history of procurement. These records will include but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price.

(j) (1) The non-federal entity may use a time and materials type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. Time and materials type contract means a contract whose cost to a non-federal entity is the sum of:

(i) The actual cost of materials; and

(ii) Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit.

(2) Since this formula generates an open-ended contract price, a time-and-materials contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contract must set a ceiling price that the contractor exceeds at its own risk. Further, the non-federal entity awarding such a contract must assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls.

(k) The non-federal entity alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims.

These standards do not relieve the non-federal entity of any contractual responsibilities under its contracts. The federal awarding agency will not substitute its judgment for that of the non-federal entity unless the matter is primarily a federal concern. Violations of law will be referred to the local, State, or federal authority having proper jurisdiction.

§ 200.319 Competition.

(a) All procurement transactions must be conducted in a manner providing full and open competition consistent with the standards of this section. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, Statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to:

(1) Placing unreasonable requirements on firms in order for them to qualify to do business;

(2) Requiring unnecessary experience and excessive bonding;

(3) Noncompetitive pricing practices between firms or between affiliated companies;

(4) Noncompetitive contracts to consultants that are on retainer contracts;

(5) Organizational conflicts of interest;

(6) Specifying only a "brand name" product instead of allowing "an equal" product to be offered and describing the performance or other relevant requirements of the procurement; and

(7) Any arbitrary action in the procurement process.

(b) The non-federal entity must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts State licensing laws.

When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract.

(c) The non-federal entity must have written procedures for procurement transactions. These procedures must ensure that all solicitations:

(1) Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use.

Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a "brand name or equivalent" description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and

(2) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals.

(d) The non-federal entity must ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the non-federal entity must not preclude potential bidders from qualifying during the solicitation period.

§ 200.320 Methods of procurement to be followed.

The non-federal entity must use one of the following methods of procurement.

(a) Procurement by micro-purchases. Procurement by micro-purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (§ 200.67 Micro-purchase).

To the extent practicable, the non-federal entity must distribute micro-purchases equitably among qualified suppliers. Micro-purchases may be awarded without soliciting competitive quotations if the non-federal entity considers the price to be reasonable.

(b) Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the Simplified Acquisition Threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources.

(c) Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid method is the preferred method for procuring construction, if the conditions in paragraph (c)(1) of this section apply.

(1) In order for sealed bidding to be feasible, the following conditions should be present:

(i) A complete, adequate, and realistic specification or purchase description is available;

(ii) Two or more responsible bidders are willing and able to compete effectively for the business; and

(iii) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price.

(2) If sealed bids are used, the following requirements apply:

(i) Bids must be solicited from an adequate number of known suppliers, providing them sufficient response time prior to the date set for opening the bids, for local, and tribal governments, the invitation for bids must be publicly advertised;

(ii) The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond;

(iii) All bids will be opened at the time and place prescribed in the invitation for bids, and for local and tribal governments, the bids must be opened publicly;

(iv) A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of;

and

(v) Any or all bids may be rejected if there is a sound documented reason.

(d) Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed price or cost-reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If this method is used, the following requirements apply:

(1) Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical;

(2) Proposals must be solicited from an adequate number of qualified sources;

(3) The non-federal entity must have a written method for conducting technical evaluations of the proposals received and for selecting recipients;

(4) Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and

(5) The non-federal entity may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed effort.

(f) Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply:

(1) The item is available only from a single source;

(2) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;

(3) The federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-federal entity; or

(4) After solicitation of a number of sources, competition is determined inadequate.

§ 200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms.

(a) The non-federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible.

(b) Affirmative steps must include:

(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

(5) Using the services and assistance, as appropriate, of such organizations as the Small business administration and the minority business development agency of the department of commerce; and

(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.

§ 200.322 Procurement of recovered materials.

A non-Federal entity that is a State agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the environmental protection agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

§ 200.323 Contract cost and price.

(a) The non-Federal entity must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the non-Federal entity must make independent estimates before receiving bids or proposals.

(b) The non-Federal entity must negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.

(c) Costs or prices based on estimated costs for contracts under the federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the non-federal entity under Subpart E—Cost Principles of this part. The non-federal entity may reference its own cost principles that comply with the federal cost principles.

(d) The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used.

§ 200.324 Federal awarding agency or pass-through entity review.

(a) The non-federal entity must make available, upon request of the federal awarding agency or pass-through entity, technical specifications on proposed procurements where the federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document.

However, if the non-federal entity desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency or pass-through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase.

(b) The non-federal entity must make available upon request, for the federal awarding agency or pass-through entity pre-procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when:

(1) The non-federal entity's procurement procedures or operation fails to comply with the procurement standards in this part;

(2) The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation;

(3) The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a "brand name" product;

(4) The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or

(5) A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold.

(c) The non-federal entity is exempt from the pre-procurement review in paragraph (b) of this section if the federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this part.

(1) The non-federal entity may request that its procurement system be reviewed by the Federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third-party contracts are awarded on a regular basis;

(2) The non-federal entity may self-certify its procurement system. Such self-certification must not limit the federal awarding agency's right to survey the system. Under a self-certification procedure, the Federal awarding agency may rely on written assurances from the non-Federal entity that it is complying with these standards. The non-federal entity must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review.

§ 200.325 Bonding requirements.

For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the federal awarding agency or pass-through entity may accept the bonding policy and requirements of the non-federal entity provided that the federal awarding agency or pass-through entity has made a determination that the federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows:

(a) A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified.

(b) A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.

(c) A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

§ 200.326 Contract provisions.

The non-federal entity's contracts must contain the applicable provisions described in appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards.

B. Competitive Sealed Proposals

i. When the county manager or board of county commissioners determines that the use of competitive sealed bids are either not practical or not advantageous to the county, a contract for material, supplies, services, construction, and equipment may be entered into by the use of competitive sealed proposals. Some of the situations where this method may be utilized include, but are not limited to, the following:

1. When fixed price or cost type contracts are not appropriate;

2. When quality, availability, or capability is overriding in relation to price in procurement of services, technical goods, research and development, or testing services;

3. When the initial installation needs to be evaluated, together with subsequent maintenance and service capabilities and when priority should be given these requirements in terms of the best interest of the county;

4. When the marketplace will respond favorably to a solicitation permitting not only a range of alternate proposals but also permitting evaluation and discussion by the county with responders before making the award;

5. When a performance specification is deemed more appropriate than a technical specification or price.

ii. Adequate public notice of the request for proposals shall be given in the same manner as for competitive bidding.

iii. The request for proposals shall state the relative importance of price and other evaluation factors.

iv. As provided in the request for proposals, and under regulations promulgated by the board of county commissioners, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award. The purpose of clarification discussions is to assure full understanding of, and responsiveness to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions there shall be no disclosure of any information derived from proposals submitted by competing offerors.

v. The award shall be made to the responsible offeror whose proposal is determined to be the most advantageous to the county, taking into consideration price (where applicable) and the evaluation factors set forth in the request for proposals.

C. Local Preference

i. The board shall make every reasonable effort, when permissible and feasible under the facts and circumstances as presented on a case-by-case basis, and when the local bidder’s response is no more than five percent (5%) more than the next lowest bidder, to ensure that a preference is given to local contractors and vendors.

ii. A preference may be given to the lowest bidder who in good faith:

1. Holds a current Florida business license; and

2. Submits a bid under the name of said Florida business license; and

3. Has maintained a place of business within Bradford County, staffed by the bidder or an employee of the bidder, for a period not less than one year immediately preceding the date of the bid; and

4. Is incorporated under Florida law, or is a sole proprietorship whose proprietor is a resident of the county, or is a partnership, at least one of whose partners is a resident of the county; or

5. Is a joint venture, all of whose ventures qualify under the relevant portion of subsection (b)(4) above; or

6. Is a limited liability company whose manager is a resident of Bradford County.

iii. Establishment of a temporary or satellite office or securing a mail receptacle within the county shall not constitute "residence" for the purpose of this section.

iv. No preference will be given to a bidder who, in the sole discretion of the county, has created, set-up, changed, altered or amended the form of its business operation so as to meet the criteria to become a "preferred bidder" as outlined herein.

v. A bidder, if any, meeting the above criteria is referred to as the "preferred bidder." If a preferred bidder submits a bid proposal which is not the lowest bid, the preferred bidder may be entitled to match the lowest bid and be considered the lowest, best bidder by providing written notice to the county immediately after the bid tabulation.

vi. If more than one "preferred bidder" seeks to match the original low bidder, the bid and related contract shall be awarded to the preferred bidder whose original bid was the best low bid of the "preferred bidder."

vii. Any "preferred bidder" shall certify in writing to Bradford County that it will make its best effort to employ as many local subcontractors, suppliers, materials, and employees as is possible for the job for which they submitted their proposal.

D. Exemption from Bidding Process

i. The following purchases and contracts shall be exempt from the county competitive bid process:

1. All purchases of services from a utility whose rates are determined and controlled by the public service commission of the state or other governmental authority;

2. Sole source purchases as provided in section VI(D) “Sole Source”;

3. State contract purchases as provided in section VI(E) “State Contract”;

4. Piggyback purchases as provided in section VI(F) “Piggyback”;

5. Emergency purchases as provided in section V(B) “Emergency Purchases”;

6. Emergency projects and engagements as provided in section

VII(F);

7. All purchases of perishable items such as fresh vegetables, fruit, fish, meat, eggs, and milk;

8. All purchases of real property having a value of $20,000.00 or less; however, each such purchase shall be supported by an opinion of value by the county property appraiser;

9. All purchases of real property having a value of $20,000.00 and up to and including $500,000.00; however, each such purchase shall be supported by an independent appraisal report prepared by an MAI appraiser and an opinion of value by the county property appraiser;

10. All purchases of real property having a value greater than $500,000.00; however, each such purchase shall be supported by two independent appraisal reports prepared by different MAI appraisers within eight months of the proposed purchase;

11. All purchases of used equipment, provided that each such purchase shall either be supported by one independent equipment appraisal report, or specifically approved by the board of county commissioners;

12. Supplies, materials, or services purchased under an annual or other time contract awarded by the board of county commissioners;

13. Services of a professional nature, including engineering, architectural, land surveying, and landscape architectural services which are controlled by F.S. § 287.055, and medical and legal services. Other services of a professional nature whose estimated cost does not exceed $24,999.99 are also exempt;

14. Supplies, materials, and equipment purchased through construction management services directly from vendors identified as part of the bid of a contractor or subcontractor who had been…