HomeMy WebLinkAboutResolution 2023-20 Adopting Purchasing Policy, City-Issued Credit Card Policy
RESOLUTION 2023-20
EXHIBIT A
City of Winter Springs
Purchasing Policy & Procedures
Originating Department/Division: Finance/Procurement
Effective Date:\[\], 2023
Table of Contents
1. Overview and Procurement Authority .............................................................................................. 1
2. Mission .............................................................................................................................................. 1
3. Policy ................................................................................................................................................ 1
4. Exceptions to Competitive Procurement Procedures ........................................................................ 1
Emergency Purchases ........................................................................................................................... 3
Sole Source Purchases .......................................................................................................................... 3
Piggybacking ......................................................................................................................................... 4
Waiver in the Best Interest of the City .................................................................................................. 5
5. Competitive Procurement Procedures ............................................................................................... 5
Sealed, Competitive Bidding Process ................................................................................................... 6
Invitation to Bid (ITB) .......................................................................................................................... 6
Request for Proposal (RFP) .................................................................................................................. 6
Request for Qualifications (RFQ) ......................................................................................................... 7
Lobbying Cone of Silence/Black-out Period ........................................................................................ 7
Bid Opening .......................................................................................................................................... 7
Bid Award ............................................................................................................................................. 7
Bid Protest ............................................................................................................................................. 8
6. Purchase Orders .................................................................................................................................... 8
7. Delivery and Acceptance of Goods ...................................................................................................... 9
8. City Manager Spending Authority ........................................................................................................ 9
9. City Issued Credit Card ....................................................................................................................... 10
10. Conflict of Interest; Reporting and Prohibited Gifts ....................................................................... 11
11. Optional Local Preference Policy ................................................................................................... 12
12. Record Retention ............................................................................................................................ 13
13. Vendor Management ....................................................................................................................... 14
14. Suspension or Debarment of Vendors ............................................................................................ 14
15. Federal and State Funding............................................................................................................... 15
16. Operational Procedures and Procurement Forms ............................................................................ 15
Policy Appendices ...................................................................................................................................... 16
Appendix A: Consultants Competitive Negotiation Act (CCNA) procedures ....................................... 16
I. Purpose:....................................................................................................................................... 16
II.Procedures: .................................................................................................................................. 16
III. Release of CCNA Requests for Qualifications (RFQ): ........................................................ 16
IV.Evaluation of Consultants and Ranking: Competitive Selection ............................................ 17
V. Guidelines for Committee’s Evaluation and Ranking of Firms .................................................. 18
VI.Competitive Negotiation Procedures ...................................................................................... 19
Additional Requirements for CCNA-Related Procurement/PSA Requirements ................................ 19
VII. Design-Build Projects ............................................................................................................. 19
Appendix B: Formal Competitive Bid Protest Procedures ..................................................................... 21
PURPOSE: .......................................................................................................................................... 21
SECTION I – RIGHT TO FILE BID PROTEST ............................................................................... 21
SECTION II – BURDEN AND PARTICIPATION IN THE PROCESS ........................................... 21
SECTION III – WRITTEN PROTEST REQUIRED ......................................................................... 21
SECTION IV – TIME PERIODS FOR FILING PROTESTS ............................................................ 22
SECTION V – TIME PERIOD FOR FILING SUPPLEMENTAL MATERIALS RELATED TO
THE PROTEST NOTICE ................................................................................................................... 22
SECTION VI – DECISION-MAKING PROCESS ............................................................................ 22
SECTION VII – APPEAL OF FINAL DECISION ............................................................................ 23
SECTION VIII – STAY OF SOLICITATION PROCESS PENDING PROTEST ............................ 23
SECTION IX – ASSESSMENT OF COSTS BY THE CITY ............................................................ 23
SECTION X – PROTESTANT COST ............................................................................................... 23
SECTION XI – MISCELLANEOUS RELATED COMMUNICATIONS BY THE CITY .............. 24
1.Overview and Procurement Authority
This purchasing policy and procedures are governed by Chapter 2, Article VI, Division 2 of the City of
Winter Springs Code of Ordinances. The City Commission of the City of Winter Springs has approved
this Policy and amendements thereto by resolution. The City Manager has delegated the responsibility to
maintain compliance with this Policy to the Finance Director and the Procurement Manager. The purpose
of this policy is to establish and describe the basic procurement policies and procedures under which the
City of Winter Springs operates.
2.Mission
The City will follow sound and prudent business practices, promote full and equitable economic
participation of all segments of the business community, and follow the strictest ethical standards when
procuring commodities and contractual services.
The Procurement Manager is committed to fostering and supporting a culture of excellence throughout
the City by facilitating the purchasing of superior goods and services through effective, innovative, and
strategic procurement and contract management. The Procurement Manager is committed to exemplary
customer service, professionalism, impartiality, transparency, and achieving the best value for the City
within the parameters of the law.
The Procurement Manager will endeavor to:
Provide fair and equitable treatment of all persons interested in the City’s procurement practices.
Maximize the procurement value of public funds.
Assure adherence to all applicable Federal laws, State statutes, City ordinances, regulations,
policies, and procedures through various methods of procurement.
Partner with departments/divisions to increase the efficiency of City operations by facilitating the
procurement of supplies, goods, equipment, contractual services, professional and consultant
services, capital improvements and construction, and/or any combination of goods and services
required, in a timely manner, meeting the department needs while acting in the best interest of the
City and its residents.
Seek win/win solutions that benefit the City and the business community.
3.Policy
This Procurement Policy, in conjunction with applicable Federal laws, State statutes, and City ordinances
govern the procurement of supplies, goods, equipment, contractual services, professional and consultant
services, capital improvements, construction, and/or any combination of goods and services. In the event
of a contradiction between this Policy and applicable state or federal law, such state or federal law shall
prevail over this Policy. The funding sources available for a particular procurement action may trigger
the application of certain state or federal laws. This Policy is effective immediately upon issuance, and
supersedes all previous purchasing policies instructions, and directives. This Policy may only be
amended in writing by resolution of the City Commission.
4.Exceptions to Competitive Procurement Procedures
Certain purchases made by the City are exempt from the competitive processes outlined in this Policy.
The current list of purchases exempt from the competitive process is as follows. Nothing in this Section is
intended to exempt a purchase of supplies, goods, equipment or services from competitive solicitation
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requirements arising from state or federal law. Applicable state or federal law must also be consulted
and adhered to, even if an exemption exists under this Section.
Non-Construction Services/Goods/Equipment
Sole source purchases
Emergency purchases
Piggyback purchases
Legal services, including attorney, paralegal, expert witness, appraisal, or mediator services
Recreational programs provided by independent contractors
Other professional services, such as executive recruiting, lobbyists and medical professionals,
excluding professions covered by the CCNA
Art, music, and other artistic services
Employee training and continuing education
Food and beverages for city events
If, after attempts to competitively procure the purchase, the City receives no responsive bids or
proposals
If the funding source of the project will be diminished or lost because the time required to
competitively award the purchase exceeds the time within which the funding source must be
applied for or spent
If the City competitively awarded a purchase to a vendor and such vendor abandoned the project
before completion or the City terminated the contract
Cooperation with other governmental entities in soliciting competitive bids, quotes or proposals
Use of competitive bids, quotes or proposals received by other governmental agencies, provided
they were made within one year of the date the city proposes to use them
Waiver in the best interest of the City
Any other purchase expressly exempt as provided by the City Code or by Section 287.057,
Florida Statutes
Construction Services
For construction projects specifically, the following projects shall be exempt from the competitive
processes outlined in this Policy:
Emergency purchases, as defined in Section 255.20, Florida Statutes
Sole source purchases
Piggyback purchases if work is based on unit prices and without reference to specific construction
plans and drawings (such as installation of asphalt or pipe by square foot)
Waiver in the best interest of the City
If, after attempts to competitively procure the purchase, the City receives no responsive bids or
proposals
If the project is undertaken as repair or maintenance of an existing public facility, as such terms
are defined in Section 255.20, Florida Statutes
If the funding source of the project will be diminished or lost because the time required to
competitively award the project after the funds become available exceeds the time within which
the funding source must be spent
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If the City competitively awarded a purchase to a contractor and such contractor abandoned the
project before completion or the City terminated the contract
If the City Commission finds by a majority vote that it is in the public’s best interest to perform
the project using its own services, employees, and equipment in accordance with the procedures
of Section 255.20, Florida Statutes
Any other exemption provided by Section 255.20, Florida Statutes, as may be amended from time
to time, or other applicable state law.
If less than two responsive bids, proposals, or replies for commodity or contractual services purchases are
received, the department may negotiate on the best terms and conditions. The department shall document
the reasons that such action is in the best interest of the state in lieu of resoliciting competitive sealed
bids, proposals, or replies.
Emergency Purchases
An Emergency Purchase is made to prevent immediate danger to the public health or safety, loss of public
or private property or an interruption in the delivery of an essential governmental service. For Emergency
Purchases, all formal bidding requirements shall be suspended. However, this type of procurement will be
made with as much competition as is practicable under the circumstances. Poor planning does not
constitute grounds for an emergency purchase. Communication with the Procurement Manager is
important to ensure proper procedures are followed with emergency purchases.
Procedure:
-Notify the Procurement Manager of the emergency or, if not during normal operating hours,
notify the City Manager.
-Secure a firm price from a qualified vendor that can perform the service/provide equipment
immediately.
-Fill out the Emergency Purchase Justification form and attach it to the purchase order request.
-The City Manager may authorize emergency expenditures which do not exceed $200,000.00, or
as otherwise provided by City Code
-If possible, a purchase order should be issued. If a non-business day, a purchase order must be
issued on the next business day following the emergency.
Sole Source Purchases
A sole source purchase is one in which only one vendor is capable of supplying the commodity or service.
This may occur when the goods or services are specialized or unique in character.
Criteria for Sole Source include:
Licensed or PatentedThe supplier has a license or patent that makes them the sole provider
The commodity or service has no competitive alternatives available on the
One-of-a-kind
market and is available from only one supplier.
The commodity or service must match the existing brand or configuration of
Compatibility
equipment for compatibility and is available from only one supplier
Replacement Part For a specific brand or existing equipment
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Warranty The sole provider of a factory-authorized warranty service
The commodity or service must meet physical design or quality standards and is
Unique Design
available from only one supplier
Contractor has expertise linked to a current project (e.g., knowledge of project
Contractor Expertise management, unique expertise in field, or prior work on earlier phases of a
project)
Procurements that generally DO NOT meet the justification for a sole source include:
Proprietary products or services that are provided by more than one potential supplier
Preference for a brand name product where other brands qualify as equal
Highly restrictive specifications written to exclude competition
Every purchase request that is using Sole Source as justification, should be accompanied by a Sole
Source Justification Form.
Piggybacking
Piggybacking is the utilization of an executed, current (unexpired) contract completed by another local or
state government that was procured through a competitive, sealed bidding method, most often an
Invitation to Bid. The Piggyback must be for a current or active contract for the identical or substantially
similar item being purchased and must provide pricing equal to or less than the original government
contract. Piggybacking is not authorized when the action would call for the substitution of goods,
materials, equipment, and services that were not originally proposed or bid on and not originally
evaluated as part of the contract award. City staff should use caution in utilizing contracts procured by
another local or state government through a Request for Proposal because price is only one factor utilized
in awarding the contract. The original local or state government may have had different priorities and
objectives in awarding the contract than would be most beneficial to the City of Winter Springs. The
Request for Proposal award criteria should be analyzed to determine if the procurement was conducted in
a manner that best fits the objectives and goals of the City of Winter Springs. If the purchase is equal to
or greater than $50,000, the City Commission must approve the purchase.
The following documentation is required when submitting a Piggyback purchase:
Copy of original bid document that was issued (ITB or RFP)
Proof of agency’s legal advertisement (i.e. Newspaper, Website Posting)
Copy of the awarded firm’s bid submittal
Bid tabulation sheet
Agency’s board approval document (Agenda Item)
Copy of the fully executed (Signed) contract (If Applicable)
Contract Extensions (If necessary)
Vendor’s Quote to the City of Winter Springs, utilizing pricing contained in the original
government contract (or lower)
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If it is determined that Piggybacking is the best procurement method then the Project Manager must
compile the required documentation, and send that documentation to the City’s Procurement Manager.
The Procurement Manager along with the City Attorney will determine if the City can piggyback off the
requested contract. A Piggyback Rider shall be prepared for all Piggyback Contracts, creating a
contractual relationship between the vendor and the City of Winter Springs, substantially based on the
original government contract’s terms and making any necessary minor modifications applicable to the
City of Winter Springs. Upon execution of the Piggyback Rider, the Procurement Manager shall be
responsible for obtaining all applicable insurance certificates, performance/payment/security bonds,
warranties, and other documents required by the Piggyback Rider and Piggyback Contracts to be issued in
the name of the City of Winter Springs.
Some more commonly used contracts and national cooperatives are; the Florida Sheriffs Association,
Florida Department of Management Services, National Association of State Procurement Officers
(NASPO), National Joint Powers Alliance (NJPA), and US Communities.
Waiver in the Best Interest of the City
When competitive procurement requirements of this Policy are neither practical nor advantageous to the
City, the City Commission or City Manager (for contracts within the City Manager’s spending authority),
may in the City best interest waive such competitive procurement requirements contained in this Policy.
City staff requesting a waiver should prepare a written justification for the City Commission or City
Manager’s consideration, identifying the reasons why competitive procurement requirements are neither
practical nor advantageous to the City.
5.Competitive Procurement Procedures
Unless otherwise exempt from the competitive procurement procedures in this Policy, the following shall
apply to the purchase of goods, equipment, and services for the City of Winter Springs:
1.Purchases Under $5,000: Quotes need not be obtained but are encouraged to be obtained. A
purchase order can be approved by the Department Director.
2.Purchases $5,000 - $10,000: A minimum of two quotes, but preferably three quotes, must be
obtained. Written quotations are required. City staff should prepare detailed specifications to the
extent necessary, including description, quantity, delivery requirements, special conditions,
drawings, and specifications, etc. The lowest and best quotation is selected and an award made.
A purchase requisition is prepared and issued in the form of a purchase order.
3.Purchases $10,001 - $49,999:A minimum of three quotes must be obtained. Written quotations
are required. City staff should prepare detailed specifications to the extent necessary, including
description, quantity, delivery requirements, special conditions, drawings, and specifications, etc.
The lowest and best quotation is selected and an award made. A purchase requisition is prepared
and issued in the form of a purchase order.
4.Purchases Equal to or Greater Than $50,000: Must be procured through a sealed, competitive
bid, approved by the City Commission, and processed on a purchase order. Sealed, competitive
bidding methods shall include Invitations to Bid, Requests for Proposal, and Requests for
Qualifications, as described in further detail herein.
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Sealed, Competitive Bidding Process
The sealed, competitive procurement process starts by the requesting department/Project Manager
developing a purpose, scope of work, and specifications for the commodity or service being requested and
forwarding to the Purchasing Manager, along with a list of any vendors the department wishes to invite in
the process.
All competitive procurements are different and modifications to the process may have to be made to
support the requesting department’s needs, meet legal requirements, provide transparency, and/or deliver
the most competitive submittals. Project Managers should meet with the Procurement Manager as early in
the process as possible to determine the best method of procurement, and to fine-tune the purpose, scope
of work, specifications, and timelines.
Upon receipt of the request, the Purchasing Manager shall prepare all required forms and documents to
complete the bid package. A public notice or invitation to bid is prepared which shall be published in
DemandStar or another similar purchasing forum or in a newspaper of general circulation if required by
law. The City shall observe the following advertising requirements for construction projects as provided
in Section 255.0525, Florida Statutes, or as may be amended from time to time:
Construction project expected to exceed $200,000 in cost shall be publicly advertised at least
once in a newspaper of general circulation in Seminole County at least 21 days prior to the
established bid opening and at least 5 days prior to any scheduled prebid conference
Construction project expected to exceed $500,000 in cost shall be publicly advertised at least
once in a newspaper of general circulation in Seminole County at least 30 days prior to the
established bid opening and at least 5 days prior to any scheduled prebid conference
Invitation to Bid (ITB)
An Invitation to Bid (ITB) will be used when there is a well-defined scope of work and specifications and
the only selection criteria is price. An ITB is awarded to the lowest bidder who is both responsive and
responsible (qualified) in accordance with the applicable ITB solicitation documents.
Request for Proposal (RFP)
A Request for Proposal (RFP) will be used when the price is not the only factor in selection. Other factors
include, but are not limited to, references, approach to completing the scope of work, or designs. The
City shall select the Proposer and proposal that is most qualified, responsive and most advantageous to
the City’s interests, as determined in the sole and absolute discretion of the City Commission or City
Manager. The RFP selection will not result in the formation of a contract, but will allow the City and
selected Proposer to negotiate a contract including, but not limited to, the scope of work, work and
delivery schedule, term and pricing. No contract shall be formed until final approval and execution of a
written contract by the City Commission or City Manager occurs, containing such terms as the City
Commission and City Manager determine are in the best interest of the City. Negotiations may be
terminated at any time by the City Manager if, in his or her sole discretion, the City Manager determines
that the negotiation of terms acceptable to the City will not be successful.
If the City chooses to appoint a selection committee, following the proposal opening, the Procurement
Manager shall issue the submittals to the committee members. The Procurement Manager will schedule a
publicly-noticed selection committee meeting. At the meeting, the Procurement Manager will provide the
selection committee with relevant guidance on reviewing proposals and answer any questions. The
selection committee members are not to discuss the RFP or their evaluations or rankings outside of the
publicly-noticed selection committee meetings. During a selection committee ranking meeting, the
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Procurement Manager will tally the selection committee scores, and the committee will select a proposal
to recommend to the City Commission or City Manager for selection and further negotiation of an
agreement.
Request for Qualifications (RFQ)
Request for Qualifications (RFQ) are issued to obtain statements of qualifications of potential responders
to gauge competition and/or to develop a list of pre-approved organizations.
If the City chooses to appoint a selection committee, following the proposal opening, the Procurement
Manager shall issue the submittals to the committee members. The Procurement Manager will schedule a
publicly-noticed evaluation committee meeting. At the meeting, the Procurement Manager will provide
the evaluation committee with relevant guidance on reviewing proposals and answer any questions. The
evaluation committee members are not to discuss the RFQ or their evaluations or rankings outside of the
publicly-noticed evaluation committee meetings. During an evaluation committee meeting, the
Procurement Manager will tally the evaluation committee scores, and the committee will recommend a
ranking of the responsive proposers to the City Commission or City Manager for further negotiation of an
agreement.
If the RFQ is to comply with CCNA, refer to Appendix A: Consultants Competitive Negotiation Act
(CCNA) procedures.
Lobbying Cone of Silence/Black-out Period
Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership,
syndicate, corporation, and/or all other groups who seek to influence the governmental decision of a City
Commission Member, the City Manager, any requesting or evaluating Department/Division/Office
personnel and/or any member of the Evaluation Committee concerning an active solicitation during the
black-out period.
A lobbying black-out period commences upon the issuance of a solicitation document. Bid/proposers,
respondents, potential vendors, service providers, lobbyists, consultants, or vendor representatives shall
not contact any City Commission member, the City Manager, any requesting or evaluating
Division/Department/Office personnel, and/or any member of the Evaluation Committee concerning an
active solicitation during the Cone of Silence/Lobbying Black-out Period.
If an award item is presented to City Commission for approval or for a request to provide authorization to
negotiate a Contract(s) and the City Commission refers the item back to the City Manager, Procurement
Division and/or requesting Department/Division/Office for further review or otherwise does not act on the
item, the Cone of Silence/Lobbying Black-out Period will be reinstated until such time as the City
Commission meets to consider the item for action.
Bid Opening
During the bid or proposal opening, the Procurement Manager and Project Manager will open and log all
submitted and accepted proposals. The City shall adhere to the requirements of section 255.0518, Florida
Statutes, as may be amended from time to time, regarding bid openings for construction or repairs on a
public building or public work.
Bid Award
Contracts will be awarded or negotiated as provided in this Policy and the bid or proposal documents.
The City reserves the right to accept or reject any or all bids or parts of bids, to waive minor irregularities,
cancel a bid solicitation, issue addendums to modify bid solicitations, and to request re-bid on work or
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material described in any competitive solicitation. The City further reserves the right to award any
contract on a split order, lump sum, or individual item basis or such combination as shall best serve the
interst of the City unless otherwise specified. The bidder warrants prices, terms and conditions quoted in
its bid will be firm for acceptance for a period of not less than ninety (90) days from the bid opening date
unless otherwise specified in the solicitation documents. Such prices will remain firm during performance
of resulting purchase orders or contracts. Whenever a bid requests prices to be firm for the period of
performance, the quantities or usages shown are estimations with no guarantee made by the City that
these quantities shall be purchased. The quantities shown are for the bidder’s information only and the
City shall be bound only for the actual quantities ordered.
Bid Protest
A bid protest occurs when a vendor or vendors express, in writing, to the City their concerns regarding
another vendor’s bid, proposal submittal, or any part of the procurement process.
During the protest process, the burden shall be on the vendor (“Protestant”) to demonstrate by clear and
convincing evidence that the solicitation was procedurally or substantially flawed, arbitrary, fraudulent,
unreasonable, capricious, dishonest, corrupt, or illegal.
For more information see Appendix B: Formal Competitive Bid Protest Procedures
6.Purchase Orders
The City Manager or his/her designee has the responsibility and authority to purchase supplies and services
as needed to support the operation of the City through the use of authorized purchase orders, including the
issuance of purchase orders in furtherance of contracts approved by the City Commission.
A purchase order is a legal document used to authorize the delivery of supplies and services in accordance
with specific terms and conditions. It also acknowledges the obligation that payment will be made upon
receipt of the required supplies or service. When a purchase order is written as an acceptance of a bid or
quotation, a contractual relationship is established upon the issuance and its acceptance by the vendor.
Purchase order changes (Change Orders) are made by the purchase order originator to revise or cancel a
purchase order. Once a purchase order change has been processed and approved, it becomes part of the
original purchase order.
A change order is used to:
Increase or decrease the quantity, scope of work, material and/or unit cost which impact the total
value of the purchase order
Revise or add shipping costs or other terms and conditions accepted by the City
Cancel or terminate a purchase order
Adjust for time delays in delivery of goods and services
Change Orders increase or decrease the value of the original purchase order. The total purchase order is
defined as the original purchase order plus all change orders. The City Manager is authorized to approve
any change order which does not cause the total purchase order to exceed the City Manager’s purchasing
authority. However, if any change order causes the total purchase order to exceed the City Manager’s
authorized purchasing authority, the change order must have City Commission approval.
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For construction and other specialized project contracts, the City Commission may authorize the City
Manager to approve change orders in excess of the City Manager’s spending authority limits, provided
the amount is within the unexpended construction or project budget approved by the City Commission for
the contract. The City Manager shall provide notice of any such approved change orders to the City
Commission in the form of an informational agenda item at the next scheduled City Commission meeting
or as soon as practicable thereafter.
7.Delivery and Acceptance of Goods
Unless otherwise specified by agreement of the City, all prices quoted by a bidder must be F.O.B. Winter
Springs, Florida, with all delivery costs and charges included in the bid price. Failure to do so may be
cause for rejection of bid. The material delivered under any proposal shall remain the property of the
seller until a physical inspection of the material is made and accepted to the satisfaction of the City. The
material must fully comply with the stated terms, specifications and wuality. In the event the material
supplied to the City is found defective or does not meet specifications, the City reserves the right to
cancel the order upon written notice to the supplier and return the project to the supplier at the supplier’s
expense. Time will be of the essence for any order placed by the City. The City reserves the right to
cancel an order, or any part thereof, without obligation if delivery is not made within the time(s) specified
on an order or proposal form.
8.City Manager Spending Authority
As provided by the City Code, as may be amended from time to time, the City Manager is authorized to
purchase or contract for all commodities and services required by the city which do not exceed fifty
thousand dollars ($50,000.00). The City Manager is therefore authorized to settle lawsuits and claims
threatened and to execute all settlement agreements related thereto without further approval of the City
Commission where such settlement agreement does not require the payment of City funds exceeding fifty
thousand dollars ($50,000.00). For any lawsuit or claim for which the City is covered by insurance, the
City Manager shall cooperate with the City’s insurance carrier as required by the City’s insurance
contract, and in furthereance thereof, the City Manager has the authority to execute settlement agreements
for which the City’s payment of a deductible does not exceed fifty-thousand dollars ($50,000.00), even if
the total payments including insurance proceeds to the claimant exceed fifty-thousand dollars
($50,000.00).
Contracts with a multi-year term obligating the City to expend a total amount of funds in excess of fifty
thousand dollars ($50,000.00) for the entire contractual term shall require City Commission approval and
the City Manager shall authorize payments and issuance of annual purchase orders in accordance with the
terms of the contract and budget appropriations approved by the City Commission. Optional renewal
terms of a contract shall not be included in the total amount of funds obligated for purposes of
determining whether City Commission approval is required.
All purchases or contracts for all commodities and services required by the City which exceed fifty
thousand dollars ($50,000.00) shall be approved by the City Commission. Notwithstanding, the City
Manager shall have the authority to purchase or contract for all commodities and services by the city
which do not exceed two hundred thousand dollars ($200,000.00) in cases of a bona fide emergency such
as an immediate danger to the public health or safety, loss of public or private property or an interruption
in the delivery of an essential governmental service. In addition, the City Manager shall have the authority
without further approval of the City Commission to issue purchase orders and pay invoices related to
utility services required by the City for normal routine operations up to the amount budgeted and
appropriated by the City Commission in the City’s annual budget including, but not limited to, electric,
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gas, fuel, solid waste, telephone, water, sewer and stormwater services. This section shall not be
construed or interpreted as limiting the purchasing and contracting authority granted to the City Manager
pursuant to a declaration of a state of emergency proclaimed by the city in accordance with the
emergency management regulations set forth in chapter 2, article VII of the City Code.
9.City Issued Credit Card
The City issued credit card is intended for use by an employee that has a frequent and/or recurring need to
purchase small dollar supplies and services. Department Directors shall have a $2,500.00 monthly limit
on the City-issued credit card, and all other employees shall have a $1,000.00 monthly limit. Additional
authority not exceeding a $5,000.00 monthly limit may be authorized in writing by the City Manager for
specific purposes, such as summer camp expenses, City special events, and other emergencies. The City
issued credit card program is designed to improve efficiency in processing purchases from any supplier
that accepts credit cards.
Employees who have been issued a credit card ultimately bear responsibility for the card and are to only
use it for official business on behalf of the City. Employees must ensure that the applicable budget is
available and that the expense is pre-approved through their manager or supervisor. Pre-approval for
individual credit card purchases exceeding $250.00 shall be obtained from the manager or supervisor in
writing (e-mail is sufficient) and shall be submitted no later than five (5) working days following the date
of receipt of the monthly credit card statement with the receipts.
Authorized Purchases:
1.All city-issued credit card purchases must comply with the City’s existing purchasing policies
and be covered by the existing budget.
2.City-issued credit cards are to be used only for purchases authorized by the city
3.If a purchase is found by the City Finance Department to be unauthorized, the cardholder must
immediately reimburse the City in full for the purchase
Authorized Card Holder: Only the person whose name appears on the city-issued credit card is
authorized to use the credit card.
Card Holder Responsibilities:
1.The cardholder shall keep the credit card in a secure location.
2.If at any time, the credit card is lost or stolen, the cardholder shall report such immediately to the
financial institution providing the credit card and to the City’s Finance Department.
3.The cardholder shall review each credit card statement for the accuracy of the purchases.
4.If the cardholder disputes any purchases indicated on the credit card statement, the cardholder
shall immediately notify the City Finance Department of the dispute.
5.The cardholder shall collect and save all receipts and written authorizations from the manager or
supervisor, if applicable, of purchases made with the credit card and turn them into the City
Finance Department no later than five (5) working days following the date of receipt of the
monthly credit card statement.
6.The cardholder shall upload the receipts to the City’s credit card portal and will assign applicable
account codes in the portal.
7.The cardholder shall return the credit card to the City Finance Department at the end of their term
unless re-elected or at the termination of their employment with the City.
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City Finance Department Responsibilities:
1.The City Finance Department shall pay the credit card bills on a timely basis.
2.The City Finance Department shall resolve any issues with the financial institution providing
the credit card regarding disputed purchases.
3.The City Finance Department shall review credit card bills, written authorizations, and
receipts to the extent reasonable and necessary to ensure compliance with this Policy.
Sales Tax Exemption: Sales tax should not be added to purchases made with city-issued credit cards.
Cardholders shall provide vendors with a copy of the city’s sales tax exemption certificate to ensure the
City’s sales tax exempt status. If sales tax is inadvertently or mistakenly charged, the cardholder shall
notify the Finance Department as soon as possible. The Finance Department shall deduct the inadvertent
or mistaken sales tax charges against the City’s sales tax liability.
Abuse of Credit Card Policy: Any abuse of the City’s credit card policy may result in the cancellation of
the credit card and possible disciplinary action authorized by City policy or law.
10.Conflict of Interest; Reporting and Prohibited Gifts
The City is committed to a procurement process governed by the highest ethical standards and integrity to
inspire the confidence of the organization and the public being served. To achieve this, the City
subscribes to the following code of ethics.
1.The City will avoid unfair practices by granting all competitive respondents equal consideration
as required by State, Federal, and City regulations.
2.The City will conduct business in good faith demanding honesty and ethical practices from all
individuals participating in the procurement process.
3.The City will promote positive vendor relationships by affording courteous, fair, and ethical
treatment.
4.The City will avoid involvement in any transactions or activities that could be considered a
conflict between personal interest and the interest of the city.
City employees and officials shall be subject to the requirements of Chapter 112, Florida Statutes, Code
of Ethics for Public Officers and Employees.
Contractors who develop or draft specifications or Statement of Work for Bids/RFPs are prohibited from
competing for that work.
“Reporting individuals” and “procurement employees” of the City shall be responsible for complying
with Section 112.3148, Florida Statutes related to reporting and prohibited gifts. In general, reporting
individuals and procurement employees shall be prohibited from soliciting any gift from a vendor doing
business with the City, a political committee as defined in s. 106.011, or a lobbyist who lobbies the City,
or the partner, firm, employer, or principal of such lobbyist, where such gift is for the personal benefit of
the reporting individual or procurement employee, another reporting individual or procurement employee,
or any member of the immediate family of a reporting individual or procurement employee. In addition,
a reporting individual or procurement employee or any other person on his or her behalf is prohibited
from knowingly accepting, directly or indirectly, a gift from a vendor doing business with the City, a
political committee as defined in s. 106.011, or a lobbyist who lobbies the City, or directly or indirectly
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on behalf of the partner, firm, employer, or principal of a lobbyist, if he or she knows or reasonably
believes that the gift has a value in excess of $100; however, such a gift may be accepted by such person
on behalf of the City or a charitable organization. If the gift is accepted on behalf of the City or charitable
organization, the person receiving the gift shall not maintain custody of the gift for any period of time
beyond that reasonably necessary to arrange for the transfer of custody and ownership of the gift to the
City or charitable organization.
11.Optional Local Preference Policy
In letting of contracts for procurement of materials, supplies, equipment, or services, the City may
determine, in its discretion, that it is in the City’s best interests for a specific procurement to give a
preference to local businesses. This policy shall not apply to all procurements. However, if the City
chooses, in its discretion, to afford a local preference for a specific procurement of materials, supplies,
equipment, or services, the following requirements shall apply::
The preference given by the City to local businesses will not exceed 5% of the total bid price submitted
by the local business. If the lowest bidder is not a Seminole County-based business and a local business
has submitted a bid within 5% of the lowest bid, the local business bidder with the lowest bid within 5%
shall be deemed the lowest bid upon written notice by the City, provided the local business responds in
writing to the written notice by affirmatively agreeing to match the bid of the lowest bidder. Said written
response agreeing to match the lowest bid must be delivered to the City no later than two (2) business
days from the date that the City delivered the written notice. If the local business refuses to match the
lowest bid or fails to timely respond to the City’s written notice, the local business’s bid shall not be
adjusted.
A business is considered a local business for purposes of this section if it has a permanent, physical
business address located within the City of Winter Springs or Seminole County limits, and such location
is evidenced by a local business tax receipt that has been issued at least six (6) months prior to the date
tha the bid was submitted to the City. A post office box shall not be considered a physical business
address. Local businesses must provide documentation of their local status at the time of bid submittal.
This Local Preference policy shall not be applied to the following circumstances:
1.Contracts or purchases in excess of one million dollars ($1,000,000.00)
2.Purchases of Professional Services, including those awarded under the Consultant’s Competitive
Negotiation Act (Section 287.055, F.S.)
3.The work is funded in whole or in part by a governmental entity where the laws, rules,
regulations, or policies prohibit the use of local preferences or where prohibited by state or
federal law
4.The local business is determined to be unqualified to perform work as determined by the city
5.Purchases exempt from the provisions of the City of Winter Springs Procurement Policy
6.Purchases made utilizing cooperative procurement agreements with other governmental or public
entities
7.Purchases from Local, State, and/or Federal contracts and public entities
8.Emergency purchases
9.Purchases made for items that have been deemed a sole source
10.Purchases or contracts let under a bid or request for proposal which the City has expressly
waived, in the invitation to bid or request for proposal, the requirements of this local preference
policy.
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11.The City rejects all bids or proposals or cancel the bid.
The local preference requirements of this section do not prohibit the City from comparing the quality of
materials proposed for purchase or prohibit the City from comparing qualifications, character,
responsibility, and fitness of all persons, firms, or corporations submitting bids or proposals. The City
reserves the right to award contracts to the lowest and best bidder regardless of the application of any
local preference.
12.Record Retention
The State of Florida issues General Record Schedules which establish minimum retention requirements
for record series common to all agencies or specified types of agencies based on the legal, fiscal,
administrative, and historical value of those record series to the agencies and the State of Florida. Listed
below are current retention schedules for items related to procurement, which may be amended from time
to time. This is not meant to be a complete list. Contact the City Clerk’s Office if you have questions
related to the retention of documents.
Item #42: PURCHASING RECORDS
This record series consists of copies of purchase orders which are retained by the originating
office while another is sent to the Purchasing/Business Office and the appropriate vendor for action. The
series may include, but is not limited to, copies of requisitions sent by the originating office to supply,
purchasing, graphics, duplicating, or other sections for action; copies of receiving reports; and a log of
outstanding and paid requisitions and purchase orders used for cross-referencing purposes. See also
“DISBURSEMENT RECORDS: DETAIL.”
RETENTION LENGTH: 5 fiscal years.
Item #64: CONTRACTS/LEASES/AGREEMENTS: CAPITAL IMPROVEMENT/REAL PROPERTY
This record series consists of legal documents, correspondence, reports, etc., relating to the
negotiation, fulfillment, and termination of capital improvement or real property contracts, leases, or
agreements to which the agency is a party, General Records Schedule GS1-SL for State and Local
Government Agencies including contracts, leases, or agreements with architects, engineers, builders, and
construction companies. "Capital Improvements" shall mean improvements to real property (land,
buildings, including appurtenances, fixtures and fixed equipment, structures, etc.), that add to the value
and extend the useful life of the property, including the construction of new structures, replacement or
rehabilitation of existing structures (e.g., major repairs such as roof replacement), or removal of closed
structures. "Real Property" means land, buildings, and fixtures. The terms "land," "real estate," "realty,"
and "real property" may be used interchangeably. See also "CONTRACTS/LEASES/AGREEMENTS:
NON-CAPITAL IMPROVEMENT."
RETENTION LENGTH: 10 fiscal years after completion or termination of contract/lease/agreement.
Item #65: CONTRACTS/LEASES/AGREEMENTS: NON-CAPITAL IMPROVEMENT
This record series consists of legal documents, correspondence, reports, etc., relating to the
negotiation, fulfillment, and termination of non-capital improvement contracts, leases, or agreements to
which the agency is a party. In addition, it includes the various contracts, leases, or agreements entered
into for the purchase of goods and services, such as the purchase of gas, fuel oil, and annual purchases of
inventory-maintained items. See also “CONTRACTS/LEASES/ AGREEMENTS: CAPITAL
IMPROVEMENT/REAL PROPERTY" and “BARGAINING RECORDS.”
RETENTION LENGTH: 5 fiscal years after completion or termination of
contract/lease/agreement.
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Item #72: BID RECORDS: NON-CAPITAL IMPROVEMENT
This record series consists of information relative to the processing and letting of successful,
unsuccessful, and canceled non-capital improvement bids including, but not limited to, legal
advertisements, "Requests for Proposals," “Requests for Qualifications,” “Letters of Interest,” "Invitations
to Bid," “Invitations to Negotiate,” technical specifications, correspondence, bid tabulations, and bid
responses. See also "BID RECORDS: CAPITAL IMPROVEMENT SUCCESSFUL BIDS" and "BID
RECORDS: CAPITAL IMPROVEMENT UNSUCCESSFUL BIDS.”
RETENTION LENGTH: 5 fiscal years after awarded.
Item #97: VENDOR FILES
This record series consists of records documenting services offered and/or provided by individual
vendors. The series may include, but is not limited to, vendor background information; product/service
and price lists; purchase/lease and payment histories; copies of invoices, purchase orders and receiving
reports; payment credit documentation; and other related records.
RETENTION LENGTH: 3 fiscal years.
13.Vendor Management
The City of Winter Springs seeks to maintain a list of qualified, responsive, and responsible vendors. The
Procurement Manager will be responsible for creating, maintaining, and auditing all vendor information
within the City’s financial management system.
In order to do business with the City of Winter Springs, a vendor must submit a Vendor Information
Form, Internal Revenue Service (IRS) Form W-9, and Verification of Employment Status Using an E-
Verify form.
Every five (5) years, vendor information will be audited. All active vendors will be contacted to complete
an updated Vendor Information Form and updated IRS Form W-9 and E-Verify form.
14. Suspension or Debarment of Vendors
The City expects and requires that all vendors or contractors who seek to do business with the City
comply with terms of its agreements and with applicable industry ethical and professional standards.
The City reserves the right to suspend or debar any vendor or contractor doing business with the City,
who violates the terms of its agreement or applicable ethical and professional standards. The City also
reserves the right to suspend or debar any vendor due to violations committed by that vendor at other
public entities.
The vendor shall be entitled to a meeting or hearing prior to being suspended or debarred by the City. In
general, suspension or debarment of vendors shall follow the below procedures. However, the City may
waive these procedures, at its own discretion, if it believes that the actions of the vendor are so egregious
as to merit immediate suspension or debarment.
a. The City serves the vendor written notice of the issue that may result in the vendor being
debarred or suspended.
b. The notice requests a written response from the vendor on the issues that gave rise to the
possible suspension or debarment.
c. The City reviews the response from the vendor and schedules a suspension or debarment
hearing. The suspension or debarment hearing shall be chaired by the City Manager or designee,
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and shall include the Purchasing Manager, the Department Head, the contracts administrator or
project manager, and any other person the City believes is necessary for the proceedings. The
City Attorney will provide legal counsel to the City at the proceeding.
d. The City will make a record of the suspension or debarment hearing, and upon conclusion of
the proceedings, the City Manager shall provide a written determination to all participants of his
decision. The City Manager’s decision shall state,
i. Whether the vendor is suspended or debarred.
ii. The effective date and length of time of the suspension or debarment.
If the City Manager determines that the vendor should not be suspended or debarred, the City Manager
shall have the right to require certain corrective actions by the vendor by a prescribed date and time.
The decision of the City Manager in these proceedings shall be final and not open to appeal by the vendor
or the vendor’s legal representative.
The City will reject any offer to do business from a vendor who is suspended or debarred under these
procedures for the entire term of the suspension or debarment.
15. Federal and State Funding.
Whenever supplies, goods, equipment or services are procured by the City utilizing state and/or
federal grant funds, the Purchasing Manager and Finance Department shall consult to determine whether
such supplies, goods, equipment or services are also required to be procured using state and/or federal
guidelines such as 2 CFR §200.318 through §200.326.
16. Operational Procedures and Procurement Forms
The City Manager is authorized to approve written operational procedures and procurement forms
which are required or deemed necessary by the City Manager to implement this Policy.
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Policy Appendices
Appendix A: Consultants Competitive Negotiation Act (CCNA) procedures
I.Purpose:
The purpose of the procedures outlined herein is to guide staff through the procurement of professional
individuals/firms for architectural, engineering, landscape architecture, land survey, and mapping
services. This is also intended to ensure the City operates in compliance with Section 287.055, Florida
Statutes, commonly known as the “Competitive Consultant’s Negotiation Act” (CCNA).
Before the procurement of any of these services, it is highly recommended that the Procurement Manager
have a kick-off meeting with the Project Manager and/or requesting department and representatives from
Finance, the City Clerk’s Office, and the City Attorney’s Office. This meeting will confirm the necessary
procedures and requirements regarding the City’s procurement policy, the CCNA, and public records law.
When in doubt regarding any procedure or policy, call the Procurement Manager first and they will direct
you to the appropriate member of staff or administration to address your needs or concerns.
II.Procedures:
The table below is intended to provide general information regarding when the CCNA applies based on
the type of project or service to be procured, estimated project cost, and whether the procuring department
desires a continuing Professional Services Contract Agreement with the selected firm. A more detailed
procedural description is provided in the below table. This table is subject to change based on legislative
amendments to the CCNA.
CCNA PROCUREMENT – GENERAL GUIDELINES
Applicable Procedure(s)
Type of Project/Service Estimated Cost
Without CSA With CSA
Planning: Activity or CCNA does CCNA does
Under $35,000
Study: Consultant Fee not apply; not apply;
Follow the City Direct
Scenario A
Arch./Eng./Landscaping:
procurement Selection
Under $325,000
Construction Cost
policy permissible
Planning Activity or
Direct
$35,000 to $500,000
Study: Consultant Fee
Selection
CCNA Applies
Scenario B
permissible
Arch./Eng./Landscaping:
$325,000 to $4,000,000
through CSA
Construction Cost
Planning Activity or CCNA
More than $500,000
Study: Consultant Fee Selection
applies
CCNA Applies
Scenario C
(Cannot use
Arch./Eng./Landscaping:
More than $4,000,000
Direct CSA
Construction Cost
selection)
*Continuing Services Agreement (CSA)
III. Release of CCNA Requests for Qualifications (RFQ):
The City is required to publicly notice, in a uniform and consistent manner, each instance in which
professional services will be procured in accordance with the CCNA. The notice must include a general
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description of the project and indicate how interested consultants may apply for consideration. Finance or
the department procuring the professional services as applicable will develop a Request for Qualification
(RFQ) document based on the needs of the department. When doing so, staff must provide a good faith
estimate in determining whether the proposed services can be procured, or the project to be constructed
meets the threshold amounts identified in the CCNA General Guidelines (see table above). The RFQ
document will be advertised and released in accordance with the City’s procurement procedures and
identified herein.
The RFQ document must, at the very least, contain a general description of the project or scope of work
and indicate the method and time within which the interested professional firm can provide their written
responses. In addition, the RFQ shall describe the contract term and any potential contract extensions, and
require the responding individual or firm to indicate whether they are a minority-owned business as
certified by the State of Florida, Office of Supplier Diversity. The RFQ shall require that all responding
parties supply, at minimum, information regarding the individual’s/firm minimum qualifications as
outlined below under the subheading “Minimum Qualifications for Consideration in Evaluations and
Ranking.”
THE RFQ CANNOT REQUEST RESPONDING PARTIES TO SUPPLY COST/PRICE FOR
SERVICES BENG PROPOSED.
IV.Evaluation of Consultants and Ranking: Competitive Selection
For each project, an evaluation committee should be created to evaluate the qualifications of each
individual/firm responding to the Request for Qualification (RFQ). The evaluation committee must
consist of at least one person from the department procuring the professional service and be comprised of
an odd number of individuals. This committee will review statements of qualifications and performance
data submitted in response to the released RFQ. The evaluation committee shall select in order of
preference no less than three (3) firms deemed to be the most qualified (if at least 3 firms responded to the
RFQ) but no more than seven (7) firms unless City Administration approves additional rankings. If there
are less than 3 individuals/firms responding to the RFQ, and after reviewing the RFQ process it is decided
every effort was made to meet the requirements of Section 287.055, Florida Statutes, the evaluation
committee may proceed with the evaluation of those responses received. For each proposed project, the
evaluation committee shall evaluate current statements of qualifications and performance data on file with
the City, together with those that may be submitted by other firms regarding the proposed project, and
shall conduct discussions with, and may require public presentations by, no fewer than three firms
regarding their qualifications, approach to the project, and ability to furnish the required services.In
determining whether a firm is qualified, the evaluation committee shall consider such factors as the ability
of professional personnel; whether a firm is a certified minority business enterprise; past performance;
willingness to meet time and budget requirements; location; recent, current, and projected workloads of
the firms; and the volume of work previously awarded to each firm by the agency, with the object of
effecting an equitable distribution of contracts among qualified firms, provided such distribution does not
violate the principle of selection of the most highly qualified firms.
Except as provided in Section 286.0113, F.S., all evaluation meetings are public meetings. While the
evaluation committee may meet at any time to address pertinent issues pertaining to the procurement
process, any discussion regarding the actual evaluation and/or risk-ranking proposals must be advertised
as a public meeting and must be held at a location accessible by the public. The date time and location of
all public evaluation committee meetings should be advertised no less than seven (7) days prior to the
meeting. Minutes must be taken at all public meetings and should, at a minimum include the names of the
evaluation committee members and any official action taken by the committee. The Purchasing Manager
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should contact the City Clerks office to coordinate the preparation and posting of all public notices to
ensure this process is consistent with City Procedures, the CCNA, and the Sunshine Law. Pursuant to
Section 286.0113(2), Florida Statutes, any portion of a meeting at which a negotiation with a vendor is
conducted pursuant to a competitive solicitation, at which a vendor makes an oral presentation as part of a
competitive solicitation, or at which a vendor answers questions as part of a competitive solicitation is
exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution.
If formal oral presentations are requested, the evaluation committee will determine the allotted time for
presentations (on a project-by-project basis), the mode and manner of the presentations, and any other
administrative matters related to presentations. Oral presentations should include, at a minimum, those
items identified below, in addition to any other information the evaluation committee requires to complete
its evaluation and ranking of qualified firms. Based on the minimum criteria provided below, each
evaluation committee member shall rank each individual/firm in order of personal preference and the
committee will subsequently decide the overall ranking of all presenting firms. The criteria established
below constitute the minimum criteria to be considered for compliance with CCNA.
V.Guidelines for Committee’s Evaluation and Ranking of Firms
Minimum Criteria for Consideration in Evaluation and Ranking
1.Individual’s/firm’s capabilities, including the adequacy and ability of personnel and the
individual/firm’s willingness and ability to meet the project schedule and budget.
2.Individual’s/Firm’s experience with projects of similar size and scope, including past
performance and experience with the City.
3.The volume of work previously awarded by the City.
4.Individual’s/Firm’s minority business status.
a.RFQ responses should indicate whether the individual/firm is a minority-owned business
as certified by the State of Florida, Office of Supplier Diversity.
b.If the evaluation committee determines all factors are equal between two or more
individuals or firms, the individual/firm that is certified as a minority-owned business
will be ranked higher.
5.Individual’s/Firm’s location
6.The individual’s/firm’s recent, current, and project workloads
7.Any additional (project-specific) criteria are requested in the RFQ packet.
** COST MAY NOT BE A FACTOR CONSIDERED IN THE EVALUATION AND RANKING
OF INDIVIDUALS/FIRMS UNDER CCNA. COMPENSATION INFORMATION MAY ONLY
BE UTILIZED DURING THE NEGOTIATION PHASE OF THIS PROCESS. **
Suggested Minimum Criteria for Oral Presentations
1.Evaluate the individual’s/firm’s qualifications and understanding of the project.
2.Evaluate the individual’s/firm’s ability to provide the required services within budget and on
schedule.
3.Evaluate the managerial methods used to plan, design, and administer the project.
4.Evaluate the individual/firm based on additional criteria supplied in the RFQ packet.
The rankings shall be presented to the City Commission or City Manager for contracts within his or her
spending authority for approval before the initiation of negotiations.
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VI.Competitive Negotiation Procedures
After completion of ranking, the evaluation committee or an appointed representative of that committee
may then commence negotiations with the top-ranked (#1) individual/firm. As part of the negotiations, the
evaluation committee or appointed representative must consider the cost of the professional services to be
procured, in addition to considering their scope and complexity, when determining a fair, competitive,
and reasonable price. The final terms and associated scope of work will be memorialized in a Professional
Services Agreement (PSA) between the City and the selected individual/firm, and the PSA shall be
approved by the City Commission if the cost exceeds $50,000.
In the event negotiations with the #1 individual/firm are unsuccessful, the next step would be to proceed
with negotiations with the #2 ranked individual/firm. Prior to commencing negotiations with a
subsequently ranked firm, the City must formally terminate negotiations with the individual/firm it has
currently engaged in negotiations. This must be done in the form of a letter addressed to the individual or
the firm’s principal. If negotiations with the top 3 ranked firms are all ultimately unsuccessful, the
evaluation committee, if it has not already done so, would go back to complete a ranking of additional
individuals/firms that were responsive to the RFQ. If the committee determines the remainder of the
proposers are not sufficiently qualified to be ranked, the City may then begin the procurement process
again. If the committee determines the remaining proposers are sufficiently qualified to be ranked after
completion of a subsequent ranking staff must then go back to the City Commission to see approval of
this new ranking for projects with an estimated cost of $50,000 or more. The City may then commence
negotiations with subsequently ranked firms in order of ranking. If negotiations fail with all ranked firms,
the City must begin the procurement process again by releasing a new RFQ.
Additional Requirements for CCNA-Related Procurement/PSA Requirements
For any lump-sum or cost-plus-a-fixed-fee project over $195,000: The City will require the firm receiving
the award to execute a truth-in-negotiation certificate stating that wage rates and other factual unit costs
supporting the compensation are accurate, complete, and current at the time of the contract award. Any
Professional Services Agreement (PSA) under which such a certificate is required must contain a
provision that the original contract price and any additions will be adjusted to exclude any significant
sums which determines increased the contract price due to inaccurate, incomplete, or non-current wage
rates and other factual unit costs. All such contract adjustments must be made within one (1) year
following the end of the contract term.
For ALL Professional Service Agreements (PSA): All PSAs, must contain a prohibition against
contingent fees as follows (provided in Subsection 287.055(6)(a), Florida Statutes:
“The architect (or registered) surveyor and mapper or professional engineer, as applicable) warrants
that he or she has not employed or retained any company or person, other than a bona fide employee
working solely for the architect (or registered surveyor and mapper, or professional engineer, as
applicable) to solicit or secure this agreement and that he or she has not paid or agreed to pay any
person, company, corporation, individual, or firm other than bona fide employee working solely for the
architect (or registered surveyor and mapper or professional engineer, as applicable) any fee,
commission, percentage, gift or other consideration contingent upon or resulting from the award or
making of this agreement.”
VII.Design-Build Projects
The CCNA generally does not apply to design-build projects with a few limited exceptions. Before the
City begins the process to engage an individual or firm for a design-build project, they must first contact
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the Procurement Manager to discuss the application of the CCNA procedures in the procurement of these
services.
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Appendix B: Formal Competitive Bid Protest Procedures
PURPOSE:
The purpose of this administrative policy is to establish a mandatory procedure whereby a bidder or
prospective bidder may file a written protest challenging the City’s solicitation process or award of a bid.
SECTION I – RIGHT TO FILE BID PROTEST
Any actual or prospective bidder aggrieved in connection with the City sealed bid, RFP, RFQ or other
solicitation (hereinafter collectively referred to as “Bid”) may file a written protest in accordance with the
following mandatory procedure. A protest that does not comply with the following procedure shall be
deemed invalid. In addition, a subcontractor does not qualify as an actual or prospective bidder and does
not have standing to file a protest under this policy.
SECTION II – BURDEN AND PARTICIPATION IN THE PROCESS
During the protest, the burden shall be on the party filing the protest, hereinafter “Objector” to
demonstrate by clear and convincing evidence that the solicitation was procedurally or substantially
flawed, arbitrary, fraudulent, unreasonable and capricious, dishonest, corrupt, or illegal.
Once the objector has filed the formal written protest, the objector may request an opportunity to address
the Protest Review Committee comprised of City employees involved in the project being bid. At this
meeting, the Protest Review Committee and the objector shall review the basis of the protest, evaluate its
facts and merits, and, if possible reach a resolution that is acceptable to both parties or afford the objector
an opportunity to withdraw the protest. If the dispute cannot be resolved by mutual agreement, the Protest
Review Committee will forward the protest to the City Manager with the Committee’s recommendation
for final resolution. The Protest Review Committee may allow bidders or prospective bidders, as
appropriate and necessary, to address the Committee regarding the merits or impact of the protest on the
solicitation process.
SECTION III – WRITTEN PROTEST REQUIRED
All protests must be initiated by filing a written or electronic Notice of Intent to Protest (”Protest Notice”)
to the Procurement Manager, at the City of Winter Springs, 1126 E. State Road 434, Winter Springs,
Florida 32708, or via email. The Protest Notice must be on company letterhead and contain the following
information:
A.The name and address of the objector;
B.Identification of the bid solicitation number and title;
C.The name, title, and signature of the person submitting the protest on behalf of the objector (this
person must have contract signing authority on behalf of the protestor);
D.A general statement of the nature defining the basis for the protest; and
E.Unless otherwise expressly stated in the applicable bid solicitation, the Protest Notice shall be
accompanied by a cash deposit, letter of credit, or bond in favor of the City Winter Springs
equaling one percent (1%) of the bid/quote/proposal amount or $5,000.00, whichever is greater.
Said cash deposit or bond shall be maintained or deposited with the City under the condition that
should the City deny the protest, the City shall have the right to assess cost against the objector
according to Section IX below. Bids that do not require any bid/quote/proposal amounts as part of
the submittal are exempt from the cash deposit, letter of credit, or bond requirement.
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SECTION IV – TIME PERIODS FOR FILING PROTESTS
Any protest that is filed outside of the following periods shall be deemed invalid and the person or entity
filing an untimely protest shall have been deemed to have waived their right to protest the subject
solicitation:
A.Pre-Award Protests: Must be initiated by filing a Protest Notice within three (3) days after
receipt of the Bid or addenda or from the time the facts supporting the protest become known, but
in no case shall a pre-award protest be filed later than three (3) days prior to the solicitation
closing date.
B.Post-Award Protests: Must be initiated by filing a Protest Notice by 5:00 P.M. of the second
business day after the decision of the City Manager or City Commission, as appropriate, in
awarding the Bid.
C.Time Periods: The periods stated above are business days and do not include Saturday, Sunday,
and legal holidays.
SECTION V – TIME PERIOD FOR FILING SUPPLEMENTAL MATERIALS
RELATED TO THE PROTEST NOTICE
Within three (3) City business days after filing the Protest Notice, the objector shall file with the
Procurement Manager any and all exhibits, evidence, or documents substantiating the protest. In addition,
the objector shall, to the extent necessary, supplement the general statement of the nature of the protest
stated in the Protest Notice with additional details outlining the specific reasons for the protest and the
relief of remedy being sought should the City uphold the protest.
This three (3) City business day period shall begin on the date of receipt of the Protest Notice by the
Procurement Manager and will not include Saturday, Sunday, and legal holidays.
SECTION VI – DECISION-MAKING PROCESS
Once a timely formal written protest is received, it will be reviewed by the Procurement Manager. The
Procurement Manager will then form a Protest Review Committee, consisting of the Director of the
department initiating the bid, the Finance Director, or designees by those individuals, and one other
managerial level City employee. This Committee will formulate an administrative recommendation and
provide it to the City Manager along with all background information related to the procurement and the
protest.
The City Manager shall review the Committee’s recommendation and prepare a written decision related
to all Pre-Award Protests or Post-Award Protests involving contracts awarded by the City
Manager. Consistent with the intent and purpose of the competitive bid process and law, such a decision
may include, but is not limited to:
A.Denial of the protest;
B.Modification of the solicitation document and extension of the solicitation period;
C.Disqualification of a bidder(s);
D.Waiver of irregularities in the solicitation;
E.Cancellation of the solicitation and rejection of all bids; and
F.Cancellation of the selection or award of the contract.
The City Manager’s final written decision shall be delivered to the Objector within ten (10) days from
the date that supplemental materials are due to be filed with the City Manager according to Section V
of this Policy unless additional time is deemed reasonably necessary to adequately evaluate the
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protest and prepare a response. The City Manager’s written decision shall represent the final decision
of the City concerning the issue raised in the Pre-Award Protest.
With respect to Post-Award Protests involving contracts awarded by the City Commission, the
City Manager shall review the Committee’s recommendation and prepare a written recommendation
(in the form of an Agenda Item) to the City Commission. Consistent with the intent and purpose of
the competitive bid process and law, such recommendation may include, but is not limited to:
A.Denial of the protest;
B.Modification of the solicitation document and extension of the solicitation period;
C.Disqualification of a bidder(s);
D.Wavier of irregularities in the solicitation;
E.Cancellation of the solicitation and rejection of all bids; and
F.Cancellation of the selection or award of the contract.
The City Manager shall deliver such recommendation to the objector within ten (10) days from the date
that supplemental materials are due to be filed with the City Manager pursuant to Section V of this Policy
unless additional time is deemed reasonably necessary to adequately evaluate the protest and prepare a
response. The decision of the City Commission shall be based on the recommendation of the City
Manager or some other reason deemed appropriate and lawful by the City Commission. The City
Commission’s decision shall be deemed a final decision concerning the issue raised in the aforementioned
Post-Award Protest.
SECTION VII – APPEAL OF FINAL DECISION
Any final decision rendered by the City Manager or City Commission under this Policy may be appealed
by filing an original action in the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole
County, Florida in accordance with applicable court rules.
SECTION VIII – STAY OF SOLICITATION PROCESS PENDING PROTEST
In the event of a timely and properly filed protest, the Procurement Manager will stay the related
solicitation process and not proceed further with the solicitation or award until all administrative remedies
have been exhausted, or until the City Manager or City Commission, as appropriate, makes a final
decision on the record that a delay would be adverse to the City’s interests and the public health, safety or
welfare.
SECTION IX – ASSESSMENT OF COSTS BY THE CITY
If the protest is upheld by the City Manager or City Commission, the cash deposit, letter of credit, or bond
will be returned to the protestant. If, however, the protest is denied and the City Manager or City
Commission, as appropriate, further finds that the protest lacked merit, the City Manager or City
Commission as appropriate, may assess against the cash deposit, letter of credit, or bond any costs,
charges or damages associated with any delay of award, or any costs incurred by the City associated with
the protests including, but not limited to, any administrative or legal expenses (including reasonable
attorney’s fees)
SECTION X – PROTESTANT COST
In no event shall a Objector be entitled to recover any costs incurred in connection with the protest of a
solicitation, including, but not limited to, bid or proposal costs, protests presentation costs, or attorney’s
fees.
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SECTION XI – MISCELLANEOUS RELATED COMMUNICATIONS BY THE CITY
The City shall publish notice of specification and criteria, including addenda, intended agency decisions,
or other matters pertinent to solicitations on the City of Winter Springs Official Website or other third-
party sites. The information posted online shall be deemed received by respondents at 8:00 A.M. on the
next business day following the posting. Notice of City Commission award shall be deemed received by
respondents at 8:00 A.M. on the next business day following the City Commission meeting at which the
bid was awarded. City Commission meetings are publicly noticed and open to the general public.
Therefore, it shall be the sole responsibility of each bidder to be informed of the City Commission’s
decision regarding a solicitation of Bid. Notice of City Manager award shall be deemed received by
respondents at 8:00 A.M. on the next business day following posting on the City’s website or at such time
written notice of award is delivered to the respondents, whichever date first occurs.
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