THE PURCHASING DIVISION AND THE PUBLIC WORKS DEPARTMENT/FACILITIES MANAGEMENT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.
This item supports the Board’s Vision for Unlimited Economic Opportunities, and Goal No. 2 to “create economic opportunities by cultivating local small business enterprises within Broward County.”
The Office of Economic and Small Business Development (OESBD) established a County Business Enterprise (CBE) goal of 30% for Bid No. T1144107B1. Thornton Construction Company, Inc., Allied Contractor's, Inc. and LEE Construction Group, Inc. committed to 30% CBE participation by submitting Contractor Assurance Statements, which have been reviewed and approved by the OESBD (Exhibit 2).
The purpose of the Job Order Contract (JOC) is to provide timely issuance of job orders for construction maintenance, renovations, repairs and minor new construction projects for County-owned facilities based on pre-priced tasks established in the JOC's Construction Task Catalog (CTC). Minor new construction is defined as an improvement to an existing structure or building, or an extension of infrastructure or utilities. Each task in the CTC is priced based upon Broward County's rates and includes cost of mobilization, labor, insurance, bonding, security badging, materials, tools, scaffolding, incidentals and equipment necessary to accomplish the particular task.
Bid Nos. T1144107B1, T1144108B1 and T1144109B1 for the Job Order Contract were released simultaneously. The bid document authorized the County to award three contractors for each bid. However, bidders may be awarded only one Job Order Contract under either Bid Nos. T1144107B1, T1144108B1 or T1144109B1. In cases where a bidder responded to more than one bid and is determined to be the low responsive, responsible bidder for both bids, the bidder is recommended for award for the bid in which the bidder submitted the lowest Award Criteria Factor.
This procurement carries a 50% performance and payment bond for each bidder. The Purchasing Division has confirmed with the surety companies that these three firms have the capacity to obtain the required bonds.
The Director of Purchasing recommends waiving, as a minor technical irregularity, the requirement on the bid pricing sheet that the non-prepriced adjustment factor be greater than 1.0000 (Exhibit 1: Line 9). In accordance with Broward County Procurement Code Section 21.30.f.1(c), a minor or nonsubstantive lack of conformity may be considered a technicality or irregularity, which may be waived by the authority empowered to make the award. A minor or technical irregularity is a variation from the bid or proposal that does not give the bidder an advantage or benefit not enjoyed by others, or does not adversely affect the interests of the County. A non-prepriced task is defined in the bid document as, "Units of work or tasks that are not included in the Construction Task Catalog but are within the general scope of intent of a project or Job Order." Included in the non-prepriced adjustment factor costs are labor, direct material costs, direct equipment costs and subcontractor costs. The bid pricing sheet included in the Bid document should have stated that "Non-prepriced Adjustment Factor (This number must be greater than or equal to 1.0000)" to match the previous Job Order Contracts awarded by the Board in 2007 and 2010; however, the Bid document omitted the "or equal to" clause as a requirement of the definition stated on the bid pricing sheet. Thornton Construction Company, Inc. complied with the requirement by submitting an adjustment factor of 1.0025, which equates to a 0.25% mark-up on non-prepriced tasks. Allied Contractor's, Inc. and LEE Construction Group, Inc. submitted adjustment factors of 1.0000, which equate to no mark-up on non-prepriced tasks. Waiving this bid pricing sheet requirement as a minor technical irregularity does not give the bidders an advantage and does not adversely affect the interests of the County.
The Facilities Management Division has reviewed the bids submitted by Thornton Construction Company, Inc., Allied Contractor's, Inc. and LEE Construction Group, Inc., and concurs with the recommendations for award (Exhibits 3, 4 and 5).
A summary of vendor performance evaluations is attached (Exhibit 6).
A summary of the previous Job Order Contracts is attached (Exhibit 7).
There was no protest or appeal filed regarding this procurement.
The bid advertised on November 5, 2013 and opened on December 11, 2013; 16 bids were received with no declinations (Exhibit 1).
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