Broward County Commission Regular Meeting

Return to the Search Page Return to the Agenda

AI-28524

39.

Meeting Date:	02/26/2019
Director's Name:	Andrew J. Meyers
Department:	County Attorney

Information

Requested Action

MOTION TO CONSIDER adoption of a Resolution No. 2019-080 Amending the Broward County Administrative Code, the title of which is as follows:

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE PROCUREMENT CODE; AMENDING VARIOUS SECTIONS OF CHAPTER 21 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE") RELATING TO VENDOR PERFORMANCE REVIEWS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.

ACTION: (T-12:06 PM) Approved. (Refer to minutes for full discussion.)

VOTE: 9-0.

(Sponsored by Senator Steve Geller)

Why Action is Necessary

A Resolution directing the County Administrator to publish notice of public hearing to consider adoption of the Resolution Amending the Broward County Administrative Code was adopted by the Board of County Commissioners at its meeting of February 12, 2019.

What Action Accomplishes

Amends the Broward County Procurement Code to include a process whereby vendors may challenge certain vendor performance reviews.

Is this Action Goal Related

Previous Action Taken

Summary Explanation/Background

The Director of Purchasing or the Contract Administrator is required, pursuant to Section 21.22 of the Broward County Administrative Code, to evaluate performance of certain contracts. If a vendor receives three or more scores of 2.59 or below over a five-year period, the Director of Purchasing is authorized to suspend the vendor from participating as a prime contractor or a subcontractor on a County contract. Such suspensions might also have to be disclosed when the vendor seeks work from another entity.

The proposed Resolution includes the following material amendments to the Procurement Code:

Modifies the requirements for submittal of final performance evaluations with a score of 2.59 or below for all contracts requiring a final performance evaluation to add transparency to the process;
Expressly permits vendors to submit a rebuttal to final performance evaluations;
Permits vendors to appeal final performance evaluations with a score of 2.59 or below;
Permits vendors appealing a final performance evaluation to utilize the Office of the County Auditor or an independent hearing officer to preside over such appeals; and
Establishes a standard of review for an appeal of a final performance evaluation.

Source of Additional Information

Rene D. Harrod, Deputy County Attorney, (954) 357-7600

Fiscal Impact

Fiscal Impact/Cost Summary:

This is expected to have very limited costs based on the limited number of scoring challenges that are expected.

Attachments
Exhibit 1 - Copy of Proposed Resolution Amending the Broward County Administrative Code