THE PURCHASING DIVISION AND THE PUBLIC WORKS DEPARTMENT/WATER AND WASTEWATER SERVICES RECOMMEND APPROVAL OF THE ABOVE MOTIONS.
The Office of Economic and Small Business Development (OESBD) established a County Business Enterprise (CBE) goal of 30% for this contract. Poole & Kent Company of Florida committed to 33.09% CBE participation, which has been reviewed and approved by the OESBD (Exhibit 3).
In accordance with the Broward County Workforce Investment Program, Broward County Administrative Code, Section 19.21, these services are subject to the Workforce Investment Program. Poole & Kent Company of Florida has agreed to be bound to the contractual obligations of the Workforce Investment Program.
This contract provides for the construction of a ground storage tank at District 2A Water Treatment Plant for Water and Wastewater Services.
This procurement carries a 100% performance and payment guaranty. The Purchasing Division confirmed with the surety company that Poole & Kent Company of Florida has the capacity to obtain the required guaranty.
The allowances incorporated into this contract in the amount of $255,000 include: $231,000 for non-Broward County permit fees; $10,000 for Broward County permit fees; $4,000 for Water and Wastewater Services/Broward Sheriff's Office Identification Badges; and $10,000 for fire watch fees. Expenditures under these allowance items must be approved by the contract administrator and will be reimbursed at the contractor's actual cost without mark-up.
The initial low bidder was TLC Diversified, Inc., a non-local business. The Director of Purchasing has determined the low bidder, TLC Diversified, Inc., to be non-responsive to the bid requirements; the bidder did not meet the CBE requirements as stated in the bid documents.
The third bidder was Munilla Construction Management, LLC, a local business whose bid amount was within 10% of the second bidder Poole & Kent Company of Florida (a non-local business). The Director of Purchasing has determined Munilla Construction Management, LLC to be non-responsive to the bid requirements; the bidder did not meet the CBE requirements as stated in the bid documents.
On March 2, 2018, a letter was received from Saul Ewing Arnstein and Lehr (Exhibit 6, page 6 of 8) representing the vendor Munilla Construction Management, LLC (MCM), in which the firm disagreed with the County's non-responsive determination and request that MCM have the opportunity to participate in the Best and Final Offer (BAFO) process. In accordance with Section 1-74 of the Broward County Code of Ordinances, in order for a firm to be qualified to participate in the BAFO process, the firm must be determined to be responsive and responsible. Four of the six firms that bid on the project met the established CBE participation goal of 30%. After careful review of the Good Faith Effort documentation provided by MCM, it was determined that MCM did not meet the established goal for this bid and was determined to be non-responsible for not complying with the CBE program requirement for this solicitation. Exhibit 6 is a copy of the County's response and the March 2, 2018 letter.
The fourth bidder, Cardinal Contractors, Inc. was determined to be a local business whose bid amount was within 10% of the low responsive and responsible bidder, Poole & Kent Company of Florida (a non-local business). Therefore, the BAFO process was extended to the second and fourth bidder, Poole & Kent Company of Florida and Cardinal Contractors, Inc. After review of the BAFO responses, Poole & Kent Company of Florida was determined to be the low responsive, responsible bidder resulting in a savings of $115,000 (Exhibit 2).
Water and Wastewater Services reviewed the bid submitted by Poole & Kent Company of Florida and concurs with the recommendation for award (Exhibit 4). Two final vendor performance evaluations have been completed for Poole & Kent Company of Florida; the firm has a rating of 4.84 out of a possible 5.0.
The purchasing agent has researched the prices submitted by the recommended bidder, Poole & Kent Company of Florida, and has determined that the prices submitted are fair, reasonable and aligned with market analysis for the industry (Exhibit 5).
There was no protest or appeal filed regarding this procurement.
The bid validity for this project expired on May 17, 2018. Poole & Kent Company of Florida agreed to extend the bid validity through June 30, 2018 for Bid No. PNC2115212C1.
The bid posted on November 27, 2017 and opened on January 17, 2018; six bids were received with no declinations (Exhibit 1). |