Broward County Commission Regular Meeting


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AI-25742 16.       
Meeting Date: 01/09/2018  
Director's Name: George Tablack
Department: Finance & Administrative Services Division: Purchasing

Information
Requested Action
A. MOTION TO APPROVE sole source designation for TMEIC Corporation, for upgrades to the TMEIC Crane Management Systems on all of the ship to shore cranes, and to upgrade the Programmable Logic Controller (PLC) on the P-2 crane for the Port Everglades Department.

ACTION:  (T-10:20 AM)  Approved.

VOTE: 8-0.  Commissioner Geller was not present.


B. MOTION TO AWARD fixed contract to sole source, TMEIC Corporation, for QC PLC and Crane Management System Upgrade, Solicitation No. X2112657Q1, in the total amount of $265,750.

ACTION:  (T-10:20 AM)  Approved.

VOTE: 8-0.  Commissioner Geller was not present.
Why Action is Necessary
A. In accordance with the Broward County Procurement Code, Section 21.34, a sole source/brand procurement above the award authority of the Director of Purchasing must be approved and awarded by the Board.

B. In accordance with the Broward County Procurement Code, Section 21.31.a.4, the Board is required to approve all purchases exceeding $250,000.
What Action Accomplishes
A. Approves the sole source designation of the manufacturer.

B. Provides a fixed contract for upgrades to the TMEIC Crane Management Systems on all of the Port's ship to shore cranes and to the PLC on the P-2 crane.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
THE PURCHASING DIVISION AND THE PORT EVERGLADES DEPARTMENT RECOMMEND APPROVAL OF THE ABOVE MOTIONS.

The Office of Economic and Small Business Development does not assign participation goals to this contract based on the sole source/sole brand request.

On June 24, 2016, the Director of Purchasing approved the recommendation of a sole source for TMEIC Corporation (Exhibit 2).

This contract provides upgrades to the TMEIC Crane Management Systems on all of the Port's ship to shore cranes and to the PLC on the P-2 crane.

All cranes are currently equipped with General Electric (GE) electrical parts. On June 22, 1999 (Item No. 25),  the Board approved the standardization "for future procurement of GE electrical switchgear, parts, and maintenance to power the Samsung container cranes from the Engineering Services Division of the General Electric Company for the Port Everglades Department".

TMEIC Corporation (TMEIC) has since taken over production and sales of crane related GE parts. GE and TMEIC now operate as two separate companies. On June 26, 2012 (Item No. 99) and November 7, 2017 (Item No. 30), the Board reaffirmed the standardization of GE electrical parts but not TMEIC parts.

In their solicitation response, TMEIC provided a copy of a revised terms and conditions document, which had been accepted by the Port for two previous solicitations based on a business need. The exceptions to the County’s General Conditions were: No. 6, Prices, Terms, and Payments; No. 12, Termination; No. 15, Non-Conformance to Contract Conditions; No. 19, Indemnification; No. 23, Assignment, Subcontract; No. 24, Qualifications of vendor; No. 30, Public Records; No. 31, Audit Rights and Retention Records; No. 40, Code Requirements; No. 43, Vendor Responsibilities; No. 45, Warranties and Guarantees; No. 47, Services Work Scope Disclaimer; No. 48, Limitations of Liability; and the County’s insurance requirements.

The Assistant County Attorney supporting Port Everglades Department reviewed the exceptions and has indicated that acceptance of the exceptions is a business decision. The Port Everglades Department has made a business decision to accept TMEIC’s exceptions, because these upgrades are essential in maintaining the Port’s business operations (Exhibit 4).

The Port Everglades Department has reviewed the bid submitted by TMEIC and concurs with the recommendation for award (Exhibit 3).

Two performance evaluations were completed for TMEIC; the firm has an overall rating of 4.97 out of a possible 5.0.  Copies of the vendor's performance evaluations are available upon request.

The solicitation posted on February 3, 2017, opened on February 14, 2017 (Exhibit 1). The delay in this procurement is owing to the due diligence performed regarding the number of exceptions taken and the resultant business decision to accept and approve the exceptions.

The bid validity for this project expired on June 14, 2017. TMEIC has agreed to extend the bid validity through award for Quotation No. X2112657Q1.
Source of Additional Information
Brenda J. Billingsley, Director, Purchasing Division, (954) 357-6070

Fiscal Impact
Fiscal Impact/Cost Summary:
The source of funding for this project is the Port Everglades Department capital fund; Project No. 100603 in the amount of $265,750.

Requisition No. PEO0000471
Attachments
Exhibit 1 - Bid Tabulation
Exhibit 2 - Sole Source Memorandum signed June 24, 2016
Exhibit 3 - User Concurrence Memorandum signed November 8, 2017
Exhibit 4 - Exceptions to Standard Terms and Conditions


    

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