§ 2-99. Procurement methods and solicitation.

(a)

Open market procedures. All purchases of supplies and contractual services whose estimated value is $50,000.00 or less may be made in the open market without newspaper advertisement and without observing formal solicitation procedures. All open market purchases shall only be made by a purchase order or by a purchasing card. Open market purchases shall be made as follows:

• $3,000.00 or less - one verbal or written quote required

• More than $3,000.00 up to $10,000.00 - Two verbal quotes or continuing services contract required

• More than $10,000.00 up to $25,000.00 - Two written quotes or continuing services contract required

• More than $25,000.00 up to $50,000.00 - Two written quotes or continuing services contract required, county administrator awards with board chairman signature.

(1)

Exempt items listed in section 2-96(a)(2) do not require quotes/formal solicitation. However, board or county administrator or designee approval based on purchasing threshold authority is required if noted in section 2-96(a)(2).

(2)

For individual purchases, dollar limits shall be based on the total order value, not on an individual item nor line-item basis. Annual volume of similar purchases of like items from one vendor by an individual department shall be considered in determining if open market procedures apply. Departments must anticipate their expected expenditures based on past use and expected use.

(3)

The individual department shall obtain and keep a record of all quotes used or received for purchases up to $10,000.00.

(4)

For purchases more than $10,000.00, either the individual department or general services shall obtain the quotes, however the general services department shall keep a record of the quotes.

(5)

The general services department shall ensure that a current list of vendors and suppliers is maintained and utilized.

Procurement card (P-Card) program - The county recognizes that certain procurements are more efficiently processed via a P-Card than through a purchase order. All P-Card transactions must comply with this Code. Single and monthly transaction limits shall be established for all users. P-Cards may only be used for authorized purposes. The program shall include the establishment, communication, and maintenance of procedures for the use and control of the utilization of a P-Card to purchase goods and services on behalf of the county.

(b)

Governmental contracts, cooperative purchasing, standardization, single/sole source, and emergency procurement authorizations.

(1)

Governmental contracts . The county is authorized to enter into intergovernmental cooperative purchases, sometimes referred to as "piggybacking" in which the county will be extended the pricing and terms of a competitively solicited active contract of another governmental entity, including, but not limited to: federal, states, counties, cities, school boards, community colleges, and state university systems. The contracted commodities or services must be awarded through a competitive solicitation process. Purchases made directly from vendors awarded a general services administration (GSA) schedule contract at prices equal to the vendor's current GSA price are allowed. The county administrator or designee may authorize for purchases up to $25,000.00. The county administrator and board chairman may authorize for purchases $25,000.00—$50,000.00. The board may authorize for purchases more than $50,000.00. Use of this procurement process is allowed without the need for open market procedures or formal procurement as defined in section 2-99(a) and 2-99(c). When using government contracts, purchases must conform to the contract provisions.

(2)

Interlocal agreements . The county may enter into interlocal agreements with other governmental agencies for goods and services when it is deemed in the best interest of the county. Interlocal agreements shall be in compliance with F.S. § 163.01. The county administrator may enter into interlocal agreements with an annual value of $25,000.00 or less. The county administrator and board chairman may enter into interlocal agreements with an annual value of $25,000.00—$50,000.00. The board shall approve interlocal agreements with an annual value of more than $50,000.00. Use of this procurement process is allowed without the need for open market procedures or formal procurement as defined in section 2-99(a) and 2-99(c).

(3)

Cooperative purchasing . The county may participate in, sponsor, conduct or administer a solicitation for the procurement of any goods, services, or construction through a cooperative purchasing venture by an organization to which a unit of county government under the purview of the Putnam County Board of County Commissioners belongs or participate in cooperative purchasing ventures sanctioned by the State of Florida, known as alternative source contracts. To "piggyback" off an organization's cooperative purchasing contract, the contract must be active and awarded through a competitive solicitation process. The county administrator or designee may authorize for purchases up to $25,000.00. The county administrator and board chairman may authorize for purchases $25,000.00—$50,000.00. The board may authorize for purchases more than $50,000.00. Use of this procurement process is allowed without the need for open market procedures or formal procurement as defined in section 2-99(a) and 2-99(c). When using cooperative purchasing, purchases must conform to the contract provisions.

(4)

When standardization of equipment or supplies is determined to be in the best interest of the county, including standardized equipment, annual maintenance agreements, repairs, replacement parts and support costs, procurement may be negotiated directly with the vendor(s) of the standardized equipment/supplies. The county administrator or designee may authorize for purchases up to $25,000.00. The county administrator and board chairman may authorize for purchases $25,000.00—$50,000.00. The board may authorize for purchases more than $50,000.00. Use of this procurement process is allowed without the need for open market procedures or formal procurement as defined in section 2-99(a) and 2-99(c).

(5)

Single source procurement . A contract/purchase may be awarded without competition when the general services director determines, after conducting a good faith review of available sources and reviewing all applicable documentation, that there is only one reasonable source for the required goods or services. "Reasonable source" may be based on economic feasibility, functional or performance requirements, geographic distribution areas, vendor location, delivery schedule, maintenance requirements, etc. The county administrator or designee may authorize for purchases up to $25,000.00. The county administrator and board chairman may authorize for purchases $25,000.00—$50,000.00. The board may authorize for purchases more than $50,000.00. Use of this procurement process is allowed without the need for open market procedures or formal procurement as defined in 2-99(a) and 2-99(c). The general services director must document in the purchasing records the public purpose of single source procurement.

(6)

Sole source procurement . A contract/purchase may be awarded without competition when the general services director determines, after conducting a good faith review and reviewing all applicable documentation, that there is only one legal and reasonable source for the required goods or services. Supporting documentation must be filed in the general services department. The county administrator or designee may authorize for purchases up to $25,000.00. The county administrator and board chairman may authorize for purchases $25,000.00—$50,000.00. The board may authorize for purchases more than $50,000.00. Use of this procurement process is allowed without the need for open market procedures or formal procurement as defined in section 2-99(a) and 2-99(c). The general services director must document in the purchasing records the public purpose of sole source procurement.

(7)

Emergency procurements . Notwithstanding any other provisions of this Code, the county administrator or designee may make or authorize others to make emergency procurements of goods, services, or construction when there is an unexpected turn of events beyond the control of the agency in the normal conduct of its business, involving health, welfare, safety, loss or significant operational delay or disruption to the county that can only be rectified by the immediate purchase of supplies and/or contractual services. This stipulation is provided that such emergency procurements shall be made utilizing any existing contracts or whatever competition as is practicable under the circumstances. Use of this procurement process is allowed without the need for open market procedures or formal procurement as defined in section 2-99(a) and 2-99(c).

A written determination of the basis for the emergency and for the selection of the particular vendor shall be maintained by the general services department as a public record in the procurement file. Any emergency purchase more than $25,000.00 shall be reported to the county administrator or designee as soon as practicable. Any emergency purchase more than $25,000.00 shall be reported to the board at its next scheduled meeting.

(8)

Heavy equipment diagnostic and repair . Due to the immediacy of the need and impracticality of competitive solicitation processes in regards to heavy equipment diagnostic and repair as defined in section 2-96(a), the county administrator or designee may authorize for purchases up to $25,000.00. The county administrator and board chairman may authorize for purchases $25,000.00—$50,000.00. The board may authorize for purchases more than $50,000.00. Use of this procurement process is allowed without the need for open market procedures or formal procurement as defined in section 2-99(a) and 2-99(c).

(c)

Formal procurement. Unless exempt as stated in section 2-96(a)(2) or procured via one of the methods listed in section 2-99(b), formal competitive solicitation is required for goods, services and construction with an estimated cost above $50,000.00, and as otherwise required by state and federal laws and grant agreements. Formal procurement types include invitations to bid, requests for qualifications, invitations to negotiate, and requests for proposals. The formal process shall be conducted to ensure a fair and equitable solicitation, and include all contractual terms and conditions applicable to the procurement, including the criteria to be used in determining acceptability and relative merit of the bid, proposal or reply. In addition to bids and proposals, the county may require respondents to provide presentations to a selection committee, county administrator and/or board during the selection process as stated in the solicitation document. All respondents selected for presentation shall be accorded fair and equal treatment.

The using agency/department shall be responsible for developing all technical specifications and bid requirements. The general services department shall be responsible for developing bid templates and for reviewing all bids before they are finalized for advertising.

(1)

Public notice . Public notice of each formal solicitation shall be published at least once in at least one official newspaper having general distribution in the county at least 21 calendar days preceding the last day set for the receipt of bids or proposals. The county administrator or designee may approve a reduction in the published timeframe (21 days) as needed. The notice also shall be posted on the county's website. The advertisement and website notice shall include a general description of the procurement, where more information can be obtained, the place, date, and time that bids or proposals must be received. Notice requirements may vary due to state, federal or grant funding source requirements.

(2)

Vendor list . Vendors who have requested to be included on the county's vendor list will be notified of relevant bids based on the type of business/services the vendor provides.

(3)

Pre-qualification . A pre-qualification process may be conducted by the general services department prior to the issuance of a solicitation in order to establish a list of qualified bidders or respondents.

(4)

Procurement of construction services . The county administrator, or designee, shall have the discretion to select the appropriate delivery method for a construction project. In determining which method to use, consideration shall be given to the county's requirements and resources. contracts for construction services shall be procured in accordance with Florida Statutes and/or applicable funding requirements and pursuant to any applicable county policies and procedures established by the board and county administrator, or designee.

(5)

Owner direct purchase program . When a construction project is proposed, the general services department, in conjunction with the end user department, will determine, prior to the solicitation process, whether the owner direct purchase program will be utilized for that particular project. The county may, if not prohibited by law, exercise a right to purchase directly various materials, goods, and/or equipment to be used in the construction project pursuant to F.S. § 212.08(6), as amended.

The general services director is authorized to execute owner direct purchase program purchase orders if the associated contract approved by the board or county administrator includes clauses allowing the owner direct purchase program. Nothing herein shall prohibit the county from deleting items within the solicitation and purchasing said items directly from a supplier, without further bidding, in an effort to benefit from the county's tax exempt status, in accordance with the proper authorization. The requirements of Rule 12A-1.094 Florida administrative code must be satisfied to prove the county rather than the contractor or subcontractor is the purchaser of the materials, including but not limited to: the county must issue the purchase order directly to the vendor; the vendor's invoice must be issued to the county, the county must make payment directly to the vendor from public funds, and the county must take title to the property at time of purchase or delivery.

(6)

Cancellation or rejection of solicitations . Solicitations may be cancelled, or any or all submittals in response to solicitations issued by the county may be rejected, in whole or in part, without recourse, when it is in the best interest of the county. The county will provide said determination in writing, and identify the reason(s) that such action is in the county's best interest. Notice shall be publicly posted in the general services page on the county's website, and sent to all known solicitation document holders or bidders/respondents. Confidentiality will be maintained according to Florida Statutes.

(Ord. No. 2018-20 , 9-25-2018)