Broward County Commission Regular Meeting

A. MOTION TO WAIVE timely submittal of the fully executed bid bond by the low bidder, Pioneer Construction Management Services, Inc., due to the bidder’s submittal of a bid bond without the bidder’s signature, which was subsequently remedied by the bidder.

ACTION:  (T-10:27 AM)  Approved.

VOTE:  9-0.

B. MOTION TO AWARD open-end contract to low bidder, Pioneer Construction Management Services, Inc., a certified County Business Enterprise, for the Job Order Contract, Bid No. T1144108B1, for the Facilities Management Division and other various agencies that may have need for these services, in the annual estimated amount of $3,000,000, and authorize the Director of Purchasing to renew the contract for two one-year periods, for a maximum three-year potential estimated amount of $9,000,000. The initial contract period shall start on the date of award and terminates one year from that date, contingent upon receipt and approval of insurance/performance and payment guaranty.

ACTION:  (T-10:27 AM)  Approved.

VOTE:  9-0.

C. MOTION TO AWARD open-end contract to low responsive, responsible bidder, Alen Construction Group, Inc., a certified County Business Enterprise, for the Job Order Contract, Bid No. T1144108B1, for the Facilities Management Division and other various agencies that may have need for these services, in the annual estimated amount of $3,000,000, and authorize the Director of Purchasing to renew the contract for two one-year periods, for a maximum three-year potential estimated amount of $9,000,000. The initial contract period shall start on the date of award and terminates one year from that date, contingent upon receipt and approval of insurance/performance and payment guaranty.

ACTION:  (T-10:27 AM)  Approved.

VOTE:  9-0.

D. MOTION TO AWARD open-end contract to low responsive, responsible bidder, M.A.C. Construction, Inc., a certified County Business Enterprise, for the Job Order Contract, Bid No. T1144108B1, for the Facilities Management Division and other various agencies that may have need for these services, in the annual estimated amount of $3,000,000, and authorize the Director of Purchasing to renew the contract for two one-year periods, for a maximum three-year potential estimated amount of $9,000,000. The initial contract period shall start on the date of award and terminates one year from that date, contingent upon receipt and approval of insurance/performance and payment guaranty.

ACTION:  (T-10:27 AM)  Approved.

VOTE:  9-0.

A. In accordance with the Broward County Procurement Code, Section 21.30.f.1(c), the Board may waive a minor or non-substantive lack of conformity in the submission of bid requirements considered to be a technicality or irregularity.

B, C, and D. In accordance with the Broward County Procurement Code, Section 21.31.a.4, the Board is required to approve all purchases exceeding $250,000 per annum or $400,000 in a multi-year period.

A. Allows for award to low bidder.

B, C and D. Provides for the 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 by the Job Order Contract Program’s Construction Task Catalog.

None.

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) designated Bid No. T1144108B1 as a reserved contract for County Business Enterprise (CBE) firms. The OESBD has reviewed the bid and determined that Pioneer Construction Management Services, Inc., Alen Construction Group, Inc. and M.A.C. Construction, Inc. meet the eligibility criteria of the CBE Reserve Program (Exhibit 2).

The purpose of the Job Order Contract (JOC) is to provide means for the 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 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. Bid No. T1144108B1 authorized the County to award bids to three contractors; 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 the bid in which the bidder submitted the lowest Award Criteria Factor. Providian Construction Group, LLC was awarded a contract for Bid No. T1144109B1 on April 8, 2014 (Item 17). Allied Contractor's, Inc. was awarded a contract for Bid No. T1144107B1 on April 22, 2014 (Item 31).

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 nonsubstantive irregularity, the timely submittal of the bid bond by the low bidder, Pioneer Construction Management Services, Inc. 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 which does not give the bidder an advantage or benefit not enjoyed by others, or does not adversely affect the interests of the County. The bidder provided a bid bond with its bid response; however, the bid bond submitted was signed by the insurance provider but not signed by the bidder. By submitting the bid bond, the bidder demonstrated its intent to meet the requirements of the bid. The bidder subsequently executed the bid bond and is in compliance with the bid bond requirement. This waiver does not disadvantage other bidders and does not adversely affect the interests of the County.

The Director of Purchasing has determined MGM General Contracting, Inc. to be non-responsive; the bidder failed to acknowledge and submit the mandatory Invitation for Bid's General Conditions in which the bidder accepts and agrees to the bid's general terms and conditions.

The Facilities Management Division has reviewed the bids submitted by Pioneer Construction Management Services, Inc., Alen Construction Group, Inc. and M.A.C. Construction, Inc. and concurs with the recommendations for award (Exhibits 3, 4 and 5). 

Twenty vendor performance evaluations have been completed for Pioneer Construction Management Services, Inc. with an average rating of 3.50 out of a possible rating of 5.0. Copies of the vendor performance evaluations are available upon request.

Twenty-one vendor performance evaluations have been completed for M.A.C. Construction, Inc. with an average rating of 3.45 out of a possible rating of 5.0. Copies of the vendor performance evaluations are available upon request.

No performance evaluations have been completed for Alen Construction Group, Inc.

A summary of the previous Job Order Contracts is attached (Exhibit 6).

There was no protest or appeal filed regarding this procurement.

The bid advertised on November 5, 2013 and opened on December 11, 2013; 8 bids were received with no declinations (Exhibit 1).