§ 17-312. Alternative source selection.

(a)

Small purchases. Any purchase for an amount less than the mandatory bid amount may be made in accordance with those procedures promulgated in the administrative regulations and internal procedures of purchasing and contracts; provided, however, no purchase shall be artificially divided so as to constitute a small purchase under this section.

(b)

Sole source purchases. The chief of purchasing and contracts may make or authorize the purchase, under the administrative regulations and internal procedures of purchasing and contracts, of goods and/or services subject to the approval level stipulated in section 17-310(h), without competitive bid or competitive proposal when the manager of the using department or his/her designee has documented in writing that such good and/or service is the only item that meets the need and is available through only one (1) source of supply or the provider of the specialized services is uniquely qualified to perform such service. Such written determinations shall be retained in the appropriate official contract file of the purchasing and contracts department.

(c)

Emergency purchases. The chief of purchasing and contracts may make or authorize emergency purchases as defined herein in accordance with the administrative regulations and internal procedures of purchasing and contracts, subject to the approvals stipulated in section 17-310(h). A record listing and written records of emergency purchases shall be maintained by the purchasing and contracts department. A record listing of all emergency purchases exceeding the mandatory bid limit shall be retained in the appropriate official contract file of the purchasing and contracts department.

(d)

Cooperative purchases. Notwithstanding any requirements of this article, the chief of purchasing and contracts may purchase goods and/or services under contract with the federal, state or municipal governments or any other governmental agency or political subdivision, providing the vendor extends the same terms and conditions of the contract to the county.

(e)

Consultant services.

(1)

Estimated value equal to or in excess of mandatory bid amount. Consultant services as defined herein, when the estimated fee is equal to or in excess of the mandatory bid amount, may be acquired through an invitation for bid or through the competitive sealed proposal process in accordance with section 17-311 herein.

(2)

Estimated value less than the mandatory bid amount. The procurement of consultant services as defined herein, when the estimated fee is less than the mandatory bid amount, shall be awarded in accordance with procedures promulgated for small purchases set forth in section 17-312(a).

(f)

Professional architectural, engineering, landscape architectural or land surveying services governed by F.S. § 287.055. The procurement of professional services as governed by F.S. § 287.055 shall be made in accordance with the administrative regulations and internal procedures of purchasing and contracts. Such regulations and procedures shall define and provide for the use of continuing professional service contracts and authorization of tasks within continuing contracts.

(g)

Design-build services. The procurement of design-build services shall be made in accordance with rules and procedures promulgated in the administrative regulations and internal procedures of purchasing and contracts.

(h)

Construction services. The procurement of construction services shall be acquired in accordance with section 17-310 herein.

Bid security shall be required for all competitive sealed bidding for construction contracts when the price is estimated by the manager of purchasing and contracts to exceed two hundred thousand dollars ($200,000.00). Bid security shall be an original bid bond executed by a surety company authorized to do business in the State of Florida, or a certified or cashier's check satisfactory to the county. Nothing herein shall prevent the requirement of such bonds on construction contracts under two hundred thousand dollars ($200,000.00) when the circumstances warrant. Bid security shall be in an amount equal to at least ten (10) percent of the amount of the bid.

Bids or proposals which do not comply with the surety requirements shall be rejected.

When a construction contract is awarded in excess of two hundred thousand dollars ($200,000.00), the following bonds or security shall be delivered to the county and shall become binding on the parties upon the execution of the contract:

(1)

A performance bond satisfactory to the county, executed by a surety company authorized to do business in the State of Florida, or otherwise secured in a manner satisfactory to the county, in an amount equal to one hundred (100) percent of the price specified in the contract; and

(2)

A payment bond satisfactory to the county, executed by a surety company authorized to do business in the State of Florida, or otherwise secured in a manner satisfactory to the county, for the protection of all persons supplying labor and material to the contractor or its subcontractors for the performance of the work provided for in the contract. The bond shall be in an amount equal to one hundred (100) percent of the price specified in the contract.

Sureties for all bid bonds, performance bonds and payment bonds must be listed on the U.S. Department of Treasury Listing, and the bond amount shall not exceed the maximum amounts specified therein unless otherwise stipulated in the invitation for bid.

Nothing herein shall prohibit the county from deleting line items within the invitation for bid and purchasing such items directly from a supplier in an amount not exceeding the bid amount per line item of the successful bidder, without further bidding, in an effort to benefit from the county's tax exempt status.

Final payment of all construction projects shall be approved by the chief of purchasing and contracts after certification of completion from the division director or department manager.

The procurement of construction management services shall be made via the competitive sealed proposal process.

(i)

Negotiated procurements. Negotiation of contracts and pricing after selection via the RFP, RFI, or methods identified herein which are not competitively bid, shall be by means promulgated in the administrative regulations and internal procedures of purchasing and contracts. Such regulations and procedures shall include provisions for the right of the county to audit, cost principles to be used to determine the allowability of reimbursing expenses, and the designation of members to selection and negotiation committees.

(Ord. No. 92-26, § IV.C, 9-15-92; Ord. No. 96-8, § 7, 3-26-96; Ord. No. 2007-13 , § 3, 10-30-07)