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Office of Superintendent of Schools January 7, 2019 Board Meeting of January 16, 2019 Financial Services Mr. Ron Y. Steiger, Chief Financial Officer COMMITTEE: FISCAL ACCOUNTABILITY & GOVERNMENT RELATIONS E-141 17-020-MJ REJECT INVITATION TO BID NO. ITB-17-020-MJ - AUTOMOTIVE REPAIR SERVICES AND SPECIALIZED REPAIRS FOR SCHOOL BOARD VEHICLES E-142 17-026-CH AWARD REQUEST FOR PROPOSALS RFP-17-026-CH – PROFESSIONAL DEVELOPMENT SERVICES FOR NON- PUBLIC SCHOOLS E-143 17-010-HR AWARD INVITATION TO BID ITB NO. ITB-17-010-HR – HOOD CLEANING SERVICES E-144 REQUEST APPROVAL OF SUPPLEMENTAL AWARD ON TERM CONTRACT E-145 17-025-CV AWARD INVITATION TO BID NO. ITB-17-025-CV – FOOD SERVICE AND FOOD LABORATORIES PEST CONTROL SERVICES E-146 INITIAL READING: PROPOSED AMENDMENT TO POLICY 6320, PURCHASING

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Page 1: COMMITTEE: FISCAL ACCOUNTABILITY & GOVERNMENT …procurement.dadeschools.net/bidsol/pdf/nia/nia_2019_01_16.pdfProcurement Management Services, at the request of the Department of Food

Office of Superintendent of Schools January 7, 2019 Board Meeting of January 16, 2019 Financial Services Mr. Ron Y. Steiger, Chief Financial Officer COMMITTEE: FISCAL ACCOUNTABILITY & GOVERNMENT RELATIONS E-141 17-020-MJ REJECT INVITATION TO BID NO. ITB-17-020-MJ -

AUTOMOTIVE REPAIR SERVICES AND SPECIALIZED REPAIRS FOR SCHOOL BOARD VEHICLES

E-142 17-026-CH AWARD REQUEST FOR PROPOSALS RFP-17-026-CH –

PROFESSIONAL DEVELOPMENT SERVICES FOR NON-PUBLIC SCHOOLS

E-143 17-010-HR AWARD INVITATION TO BID ITB NO. ITB-17-010-HR –

HOOD CLEANING SERVICES E-144 REQUEST APPROVAL OF SUPPLEMENTAL AWARD ON

TERM CONTRACT E-145 17-025-CV AWARD INVITATION TO BID NO. ITB-17-025-CV – FOOD

SERVICE AND FOOD LABORATORIES PEST CONTROL SERVICES

E-146 INITIAL READING: PROPOSED AMENDMENT TO POLICY

6320, PURCHASING

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Office of Superintendent of Schools January 7, 2019 Board Meeting of January 16, 2019

Financial Services Mr. Ron Y. Steiger, Chief Financial Officer

SUBJECT: REJECT INVITATION TO BID NO. ITB-17-020-MJ –

AUTOMOTIVE REPAIR SERVICES AND SPECIALIZED REPAIRS FOR SCHOOL BOARD VEHICLES

COMMITTEE: FISCAL ACCOUNTABILITY & GOVERNMENT RELATIONS

LINK TO STRATEGIC BLUEPRINT: EFFECTIVE AND SUSTAINABLE BUSINESS PRACTICES This item requests the School Board’s approval of the bid rejection(s) identified below: INVITATION TO BID NO. ITB-17-020-MJ – AUTOMOTIVE REPAIR SERVICES AND SPECIALIZED REPAIRS FOR SCHOOL BOARD VEHICLES was released to establish a contract, at firm service charges, with vendors that will provide automotive repair and specialized repair services for the Department of Transportation of Miami-Dade County Public Schools. The District received one (1) response, whereby pricing was not competitive. As a result, this Bid is recommended for rejection and for re-release for more potential vendor participation, with revised specifications. RECOMMENDED: That The School Board of Miami-Dade County, Florida:

REJECT INVITATION TO BID NO. ITB-17-020-MJ – AUTOMOTIVE REPAIR SERVICES AND SPECIALIZED REPAIRS FOR SCHOOL BOARD VEHICLES, to permit rebidding.

RYS/mj

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Office of Superintendent of Schools January 7, 2019 Board Meeting of January 16, 2019

Financial Services Mr. Ron Y. Steiger, Chief Financial Officer

SUBJECT: AWARD REQUEST FOR PROPOSALS RFP-17-026-CH –

PROFESSIONAL DEVELOPMENT SERVICES FOR NON-PUBLIC SCHOOLS

COMMITTEE: FISCAL ACCOUNTABILITY & GOVERNMENT RELATIONS

LINK TO STRATEGIC BLUEPRINT: EFFECTIVE AND SUSTAINABLE BUSINESS PRACTICES

Procurement Management Services, at the request of the Office of Professional Development, released the above-referenced solicitation. The purpose of this Request for Proposals (“RFP”) is to select an agency(ies) to deliver a wide range of professional development services to all non-public schools that have applied for services from the District under provisions of the Title II, Part A, Teacher and Principal Training and Recruiting Funds. This RFP required professional development services for the following three groups of participants: 1) Catholic schools represented by the Archdiocese of Miami; 2) Jewish schools represented by the Center for the Advancement of Jewish Education; and 3) Private schools not affiliated with the above (approximately 15 private, independent schools based on 2017-2018 totals). This RFP was advertised on the Procurement Management Services’ website, the DemandStar website, BidNet, Florida Bid, South Florida Times and the Diario Las Americas newspapers, as well as emailed to 98 potential bidders. The initial term of the bid shall be for a three (3) year period, commencing January 16, 2019 through January 15, 2022 and may, by mutual agreement between The School Board of Miami-Dade County, Florida, and the successful bidders, be extended for two (2) additional one (1) year periods. Strategies were employed to increase SBE/MBE (Small/Micro Business Enterprise) participation and Local Preference. The Goal Setting Committee recommended that this solicitation be open with 5 preference points for SBE/MBE.

Ten (10) vendors responded to this solicitation, of which one (1) was deemed non-responsive. Based on the evaluation criteria listed in the RFP and the selection committee’s recommendation, one (1) vendor was recommended for award. In FY 2017-2018, the District spent $297,705 on the current professional development services for non-public schools contract.

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M-DCPS OEO staff verified the Small, Micro, Veteran and/or M/WBE certification status of the prime firm and all subcontractors. Fund Source 420000 – Title II Part A, Non-Public Schools RECOMMENDED: That The School Board of Miami-Dade County, Florida:

1. AWARD REQUEST FOR PROPOSALS NO. RFP-17-026-CH – PROFESSIONAL DEVELOPMENT SERVICES FOR NON-PUBLIC SCHOOLS, to deliver a wide range of professional development services to all non-public schools that have applied for services from the District under provisions of the Title II, Part A, Teacher and Principal Training and Recruiting Funds with an initial effective date of January 16, 2019 through January 15, 2022, and may, by mutual agreement between The School Board of Miami-Dade County, Florida, and the successful bidder, be extended for two (2) additional one (1) year extension period thereto, as follows:

FACTS EDUCATION SOLUTIONS, LLC 121 SOUTH 13TH STREET, SUITE 100 LINCOLN, NEBRASKA 68508 OWNER/OFFICER: DENNIS L. LITTLE, MANAGER

SUB-CONTRACTOR ONE ON ONE LEARNING CORP. MWBE 8900 SW 117TH AVENUE, SUITE C-103 MIAMI, FLORIDA 33186

HISPANIC AMERICAN

2. AUTHORIZE Procurement Management Services to award the contract up to the total estimated amount of $2,249,133, for the initial contract term, and an amount not to exceed $749,711 for each subsequent one (1) year extension period. Board authorization of this recommendation does not guarantee any estimated quantities will be purchased.

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Office of Superintendent of Schools January 7, 2019 Board Meeting of January 16, 2019

Financial Services Mr. Ron Y. Steiger, Chief Financial Officer

SUBJECT: AWARD INVITATION TO BID ITB NO. ITB-17-010-HR – HOOD

CLEANING SERVICES

COMMITTEE: FISCAL ACCOUNTABILITY & GOVERNMENT RELATIONS

LINK TO STRATEGIC BLUEPRINT: EFFECTIVE AND SUSTAINABLE BUSINESS PRACTICES

Procurement Management Services at the request of the Department of Food and Nutrition, released the above-referenced solicitation. The purpose of this Invitation to Bid is to establish a contract, at firm unit prices, to provide exhaust hood and duct cleaning services for specified school food-service locations, for The School Board of Miami-Dade County, Florida. This is a term bid which states that the Board may purchase quantities, as may be needed, but is not obligated to purchase any guaranteed amount. This ITB was advertised on the Procurement Management Services’ website, the Demandstar website, BidNet, Florida Bid, South Florida Times and the Diario Las Americas newspapers, and emailed to 190 potential bidders.

The initial term of the bid shall be for a period of two (2) years commencing January 16, 2019, through January 15, 2021, and may by mutual agreement between The School Board of Miami-Dade County, Florida, and the successful bidders, be extended for three (3) additional one (1) year periods.

Strategies were employed to increase SBE/MBE (Small/Micro Business Enterprise) participation. The Goal Setting Committee recommended that this solicitation be open. Five (5) vendors responded to this advertised bid. Based on the evaluation criteria listed in the ITB, the contract shall be awarded to one (1) vendor. In FY 2017-2018, the District spent $49,000 on hood cleaning services. M-DCPS OEO staff verified the Small, Micro, Veteran and/or M/WBE certification status of the prime firm and all subcontractors. Fund Source Various

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RECOMMENDED: That The School Board of Miami-Dade County, Florida:

1. AWARD INVITATION TO BID NO. ITB-17-010-HR – HOOD CLEANING SERVICES, to provide exhaust hood and duct

cleaning services for specified school food-service locations, with an initial effective date of January 16, 2019 through January 15, 2021, and may, by mutual agreement between The School Board of Miami-Dade County, Florida, and the successful bidders, be extended for three (3) additional one (1) year extension periods thereto, as follows:

PRIMARY

AIRWAYS CLEANING AND FIREPROOFING CO. OF FLORIDA, INC. 4720 OAKES ROAD, BAY E DAVIE, FLORIDA 33314 OWNER/OFFICER: TIMOTHY GREENE, GENERAL MANAGER

Item 1 – Exhaust hood and duct cleaning services @ $174 per hood.

2. AUTHORIZE Procurement Management Services to purchase,

up to the total estimated amount of $180,000 for the initial contract term, and an amount not to exceed $90,000, for each subsequent one (1) year extension period(s). Board authorization of this recommendation does not guarantee any estimated quantities will be purchased.

RYS/hr

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Office of Superintendent of Schools January 7, 2019 Board Meeting of January 16, 2019 Financial Services Ron Y. Steiger, Chief Financial Officer SUBJECT: REQUEST APPROVAL OF SUPPLEMENTAL AWARD ON

TERM CONTRACT COMMITTEE: FISCAL ACCOUNTABILITY & GOVERNMENT RELATIONS LINK TO STRATEGIC BLUEPRINT: EFFECTIVE AND SUSTAINABLE BUSINESS PRACTICES The purpose of this request is to obtain prior approval of the supplemental award on the following term contract, inasmuch as the estimated requirements, previously awarded by the Board, will be exceeded before the contract term expires. RECOMMENDED: That The School Board of Miami-Dade County, Florida, APPROVE

the supplemental award on the following contract, inasmuch as the estimated requirements, previously awarded by the Board, will be exceeded before the contract term expires.

Approve the supplemental award by $781,000 and amend the total contract extension award to $2,281,000, on Contract Invitation to Bid (ITB) No.15-073-CV – SECURITY SYSTEM SERVICES to establish a contract at firm unit prices, to maintain fully operational security systems for The School Board of Miami-Dade County, FL with an initial effective date of July 13, 2016 through July 12, 2018. This supplemental award is necessary to maintain security cameras throughout The District. This supplemental amount requested is based on the next seven (7) months service. Fund Source 300000 Capital STRUCTURED CABLING SOLUTIONS MBE 5632 N. W. 161ST STREET MIAMI GARDENS, FL 33014

OWNER: SYED A. SHAH, PRESIDENT ASIAN AMERICAN ORIGINAL EXTENSION AWARD AMOUNT $1,500,000.00

THIS SUPPLEMENTAL $ 781,000.00

E-144

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Office of Superintendent of Schools January 7, 2019 Board Meeting of January 16, 2019

Financial Services Mr. Ron Y. Steiger, Chief Financial Officer

SUBJECT: AWARD INVITATION TO BID NO. ITB-17-025-CV – FOOD

SERVICE AND FOOD LABORATORIES PEST CONTROL SERVICES

COMMITTEE: FISCAL ACCOUNTABILITY & GOVERNMENT RELATIONS

LINK TO STRATEGIC BLUEPRINT: EFFECTIVE AND SUSTAINABLE BUSINESS PRACTICES Procurement Management Services, at the request of the Department of Food and Nutrition, released the above-referenced solicitation. The purpose of this Invitation to Bid (ITB) is to establish a contract, at firm unit prices, for an Integrated Pest Management (IPM) program in specified areas of The School Board of Miami-Dade County, Florida. This service would be provided in the North, Central and South locations. As such, bidders were asked to provide pricing for one, two, or all three locations. This is a term bid which states that the Board may purchase quantities as needed, but is not obligated to purchase any guaranteed amount. This ITB was advertised on the Procurement Management Services’ website, the DemandStar website, BidNet, Florida Bid, South Florida Times and the Diario Las Americas newspapers and emailed to 49 potential bidders. The initial term of the bid shall be for a two (2) year period, commencing January 16, 2019 through January 15, 2021 and may, by mutual agreement between The School Board of Miami-Dade County, Florida, and the successful bidders, be extended for three (3) additional one (1) year periods. At the time of contract extension, additional vendors may be added and/or removed, at the discretion of the District.

Strategies were employed to increase SBE/MBE (Small/Micro Business Enterprise) participation. The Goal Setting Committee recommended that this solicitation be open with a 10% SBE/MBE, and/or 10% preference for local vendors. Three (3) vendors responded to this advertised bid. Based on the criteria listed in the solicitation and result of the best and final pricing, two (2) vendors are being awarded including a local vendor. The local preference goal of 10% was exceeded, with participation goal of 40%. In FY 2017- 2018, The District spent $180,216 on Food Service and Food Laboratories Pest Control Services.

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M-DCPS OEO staff verified the Small, Micro, Veteran and/or M/WBE certification status of the prime firm and all subcontractors.

Fund Source 410000 Food Service Fund

RECOMMENDED: That The School Board of Miami-Dade County, Florida:

1. AWARD INVITATION TO BID NO. ITB-17-025-CV – FOOD SERVICE AND FOOD LABORATORIES PEST CONTROL SERVICES, to establish a contract, at firm unit prices, for an integrated pest management (IPM) program in specified areas of The School Board of Miami-Dade County, Florida, with an initial effective date of January 16, 2019 through January 15, 2021 and may, by mutual agreement between The School Board of Miami-Dade County, Florida and the successful bidder, be extended for three (3) additional one (1) year extension periods thereto, as follows:

A. TOWER PEST CONTROL, INC.

7760 WEST 20TH AVENUE HIALEAH, FL 33016

OWNER: FRANCISCO J. TORRE, PRESIDENT NORTH, CENTRAL AND SOUTH SCHOOL SITE LOCATIONS Elementary Schools (PLC, ECC) @ $27.95 per month Kindergarten to Eight Grade @ $27.95 per month Middle Schools @ $27.95 per month Senior High Schools @ $27.95 per month Vocational Centers @ $27.95 per month SOUTH LOCATION Home Economics/Food Labs @ $18.00 per month

B. HULETT ENVIRONMENTAL SERVICES 7670 OKEECHOBEE BLVD WEST PALM BEACH, FL 33411 OWNER: TIMOTHY M. HULETT, PRESIDENT NORTH AND CENTRAL LOCATIONS Home Economics/Food Labs @ $ 15.00 per month

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2. AUTHORIZE Procurement Management Services to purchase, up to the total estimated amount of $400,000 for the initial contract term, and an amount not to exceed $200,000 for each subsequent one (1) year extension period(s). Board authorization of this recommendation does not mean the amount shown will be expended.

RYS/cv

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Office of Superintendent of Schools January 7, 2019 Board Meeting of January 16, 2019 Financial Services Mr. Ron Y. Steiger, Chief Financial Officer SUBJECT: INITIAL READING: PROPOSED AMENDMENT TO POLICY 6320,

PURCHASING COMMITTEE: FISCAL ACCOUNTABILITY & GOVERNMENT RELATIONS LINK TO STRATEGIC BLUEPRINT: EFFECTIVE AND SUSTAINABLE BUSINESS PRACTICES This item requests that the Board approve authorizing the Superintendent to initiate rulemaking proceedings to amend Policy 6320, Purchasing, to add the following definitions, including but not limited to: commodity codes; procurement authority; purchasing card; unauthorized purchases; vendor performance and Bid or contract close-out period. In addition, processes for Invitations to Bid (ITBs), Request for Proposals (RFPs) and Invitation to Negotiate (ITNs) have been updated, as well as the purchasing principles. Attached are the Notice of Intended Action and the Policy amendments. Changes are indicated by underscoring words to be added and striking through words to be deleted. RECOMMENDED: That The School Board of Miami-Dade County, Florida direct

the Superintendent to initiate rulemaking proceedings for Initial reading in accordance with the Administrative Procedures Act to amend School Board Policy 6320, Purchasing.

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NOTICE OF INTENDED ACTION THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, announced on January 16, 2019 its intention to amend Board Policy 6320, Purchasing, at its regular meeting on February 13, 2019.

PURPOSE AND EFFECT: Amendments are proposed to Policy 6320, Purchasing, to to add the following definitions, including but not limited to: commodity codes; procurement authority; purchasing card; unauthorized purchases; vendor performance and Bid or contract close-out period. In addition, processes for Invitations to Bid (ITBs), Request for Proposals (RFPs) and Invitation to Negotiate (ITNs) have been updated, as well as the purchasing principles.

SUMMARY: Policy 6320, Purchasing, is proposed to be amended to add the following definitions, including but not limited to: commodity codes; procurement authority; purchasing card; unauthorized purchases; vendor performance and Bid or contract close-out period. In addition, processes for Invitations to Bid (ITBs), Request for Proposals (RFPs) and Invitation to Negotiate (ITNs) have been updated, as well as the purchasing principles. SPECIFIC LEGAL AUTHORITY UNDER WHICH RULEMAKING IS AUTHORIZED: 1001.41(1), (2); (4); 1001.43(2)F.S. LAW IMPLEMENTED, INTERPRETED, OR MADE SPECIFIC: 1001.41(12), F.S. IF REQUESTED, A HEARING WILL BE HELD DURING THE BOARD MEETING of, Feb rua ry 13 , 2019 , which begins at 1:00 p.m., in the School Board Administration Building, School Board Auditorium, 1450 N. E. Second Avenue, Miami, Florida 33132. Persons requesting such a hearing or who wish to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative as provided by Section 120.541(1), F.S., must do so in writing by F e b r u a r y 1 3 , 2 0 1 9 to the Superintendent of Schools, Room 912, at the same address. ANY PERSON-WHO DECIDES TO APPEAL THE DECISION made by The School Board of Miami-Dade County, Florida, with respect to this action will need to ensure the preparation of a verbatim record of the proceedings including the testimony and evidence upon which the appeal is to be based. Section 286.0105, F.S.

A COPY OF THE PROPOSED AMENDED POLICY is available at cost to the public for inspection and copying in the Citizen Information Center, Room 102, 1450 Northeast Second Avenue, Miami, Florida 33132.

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 1 of 45

PURCHASING 1 All procurement of supplies, materials, equipment, and services paid for from county 2 school funds shall be the responsibility of the procurement department under the 3 general supervision of the Chief Procurement Officer and shall be made in accordance 4 with all applicable State statutes, Florida State Board of Education Rules, School 5 Board policies, and administrative procedures. 6 No person may make any purchase with Board funds unless authorized to do so by 7 Board policy or by administrative directive, or manuals approved by the 8 Superintendent. 9 The agency designated for making purchases with Board funds is the Board's 10 Procurement Management Services. 11 Payment for any unauthorized purchase(s) may be the responsibility of the person 12 placing the order. 13 Definitions 14

A. Commodity Code - system of words, numbers, or both, designed to 15 identify and list goods and services by classes and subclasses. 16

17 B. Competitive Solicitation - purchasing made through the issuance of an 18

invitation to bid, request for proposals, and invitation to negotiate. 19

B.C. Construction Services - all labor, services, and materials provided in 20 connection with the construction, alterations, repair, demolition, 21 reconstruction, or any other improvements to real property. 22

CD. . Cooperative Purchasing - action taken when two (2) or more entities 23

combine their requirements to obtain advantages of volume 24 purchases including administrative savings and other benefits. 25 Cooperative procurement efforts may result in contracts that other 26 entities may "piggyback". 27

Formatted: Font: Italic

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 2 of 45

DE.. Invitation to Bid - a written solicitation for competitive sealed bids 1 used when the Board is capable of specifically defining the scope of 2 work for which a contractual service is required or when the Board is 3 capable of establishing precise specifications defining the actual 4 commodity or group of commodities required. 5

E.F Invitation to Negotiate - a written solicitation for competitive sealed 6

replies to select one (1) or more vendors with which to negotiate for 7 the procurement of commodities or contractual services used when 8 the Board determines that negotiations may be necessary to receive 9 the best value. 10

FG. Originating Department - the department requesting informal and/or 11

formal solicitations. This department is responsible for the product 12 and/or services sought and for monitoring vendor performance. 13

GH. Purchasing Cards (PCards) - a payment method in which School 14

District requisitioners purchase directly from a vendor using a credit 15 card; a pre-established credit limit is generally established for each 16 card issued. 17

HI. Procurement Authority - documentation establishing that a purchase 18

requisition, pcard, fund reservation or draft contract adheres to the 19 competitive bidding process or meets criteria for an exemption in this 20 Policy. 21

22 23 J. Proposer - vendors submitting bids or responses to a competitive 24

solicitation. 25

K.I. Request for Information - a non-binding method whereby a jurisdiction 26 publishes via newspaper, internet, or direct mail its need for input 27 from interested parties for an upcoming solicitation. A procurement 28 practice used to obtain comments, feedback, or reactions from 29 potential suppliers (contractors) prior to issuing of a solicitation. 30 Generally price or cost is not required. Feedback may include best 31 practices, industry standards, technology issues, etc. 32

Formatted: Font: Italic

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Formatted: Underline, Font color: Dark Red

Formatted: Underline

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 3 of 45

JL.. Request for Proposals - a written solicitation for competitive sealed 1 proposals used when it is not practicable for the Board to specifically 2 define the scope of work for which the commodity, group of 3 commodities, or contractual service is required and when the Board 4 is requesting that a responsible vendor propose a commodity, group 5 of commodities, or contractual service to meet the specifications of 6 the solicitation document. 7

KM.. State Appropriated Funds - funds appropriated in the Florida General 8

Appropriations Act, excluding Federal funds; does not include general 9 obligation bond funds for capital construction or funds raised through 10 local capital outlay millage. 11

12 N. Unauthorized Purchases - an agreement, a commitment, or an order 13

for goods or services, construction, or changes to existing contracts, 14 by any person who does not have an approved purchase order, fund 15 reservation and/or pcard approval, and includes (1) purchases made 16 without the required competitive bidding, (2) purchases made in 17 advance of an approved purchase order, fund reservation and/or 18 pcard approval, and (3) changes under existing contracts made by a 19 person who does not have delegated procurement authority. 20

LO.. Vendor File - accumulated record of a vendor maintained by 21

Procurement Management Services, including information on the 22 vendor's relationship with the Board, application for inclusion on the 23 bidder's list, record of performance under contracts, and 24 correspondence. 25

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 4 of 45 Purchase Approval and Competitive Bidding Process Requirements 1 Responsibilities 2 The Superintendent shall be responsible for the procurement of supplies, materials, 3 equipment, and services paid for from Board funds. The several schools, departments, 4 and agencies of the District under the jurisdiction of the Board shall purchase their 5 materials or commodities through the Procurement Management Services, the Board's 6 official purchasing agency. All purchases shall comply with law, rules, regulations, 7 and Board policies. The Superintendent may approve or reject purchase requisitions 8 when the total amount does not exceed $50,000 or the current threshold set by 9 statute. Purchases in excess of $50,000 or current threshold set by statute shall be 10 approved by the Board except for those delineated below: 11

A. The Superintendent may be authorized to purchase commodities or 12 contractual services where the total amount does not exceed an 13 amount prescribed by the Board, and does not exceed the applicable 14 appropriation in the District budget. The Superintendent may also 15 be authorized to purchase commodities or is exempt by statute or 16 Florida Administrative Code, or contractual services under 17 Department of Management Services State term contracts. The 18 Superintendent may authorize designated staff to perform these 19 purchasing tasks. 20

B. Where the purchasing agent for any public agency is authorized by 21

law to make purchases for the benefit of other governmental agencies 22 within the county, the Board shall have the option to purchase under 23 the current contracts as established for these public agencies at or 24 below the stated unit price, if the purchase is economically 25 advantageous to the Board, and the items purchased conform to the 26 standards and specifications prescribed by the Superintendent. 27

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 5 of 45

C. As required by F.S. 1001.42(12)(j), the Board shall receive and 1 consider available prices according to the rules of the Department of 2 Management Services, Division of Purchasing. The Board may use 3 prices established by the Division of Purchasing through its State 4 purchasing agreement price schedule. If Board policy provides for 5 purchasing under this State purchasing program, the conditions for 6 use shall be those imposed on State agencies. 7

D. In lieu of requesting competitive solicitations from three (3) or more 8

sources, the Board may make purchases at or below the specified 9 prices from contracts awarded by other city or county governmental 10 agencies, other school boards, community colleges, Federal agencies, 11 the public or governmental agencies of any state, or from State 12 university system cooperative bid agreements, when the proposer 13 awarded a contract by another entity permits purchases by a school 14 board on the same terms, conditions, and prices (or below such 15 prices) awarded in the contract, and the purchases are economically 16 advantageous to the Board. 17

E. Except as authorized by law or rule, competitive solicitations shall be 18

requested from three (3) or more sources for any authorized 19 commodities or contractual services exceeding $50,000. 20

F. The requirement for requesting competitive solicitations for 21

commodities or contractual services from three (3) or more sources is 22 waived pursuant to F.S. 1010.04(4)(a), for: 23

1. the purchase by the Board of professional services which shall 24

include artistic services, academic program reviews, lectures 25 by individuals, auditing services not subject to F.S. 218.391, 26 legal services, including attorney, paralegal, expert witness, 27 court reporting, appraisal or mediator services; and health 28 services involving examination, diagnosis, treatment, 29 prevention, medical consultation or administration; and 30

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 6 of 45

2. the purchase by the Board of educational services and 1 copyrighted materials including educational tests, textbooks, 2 printed instructional materials, computer software, films, 3 filmstrips, videotapes, DVDs, disc or tape recordings, digital 4 recordings, or similar audio-visual materials, and for library 5 and reference books, and printed library cards where these 6 materials are purchased directly from the producer or 7 publisher, the owner of the copyright, an exclusive agent with 8 the State, a governmental agency or a recognized educational 9 institution. 10

G. The Board shall have the authority to reject any or all proposals 11

submitted in response to any competitive solicitation and to request 12 new proposals or purchase the required commodities or contractual 13 services in any other manner authorized by this section. 14

H. The purchase of food products except milk, required for the School 15

Food Service Program and other ancillary food operations are exempt 16 from the bid requirements pursuant to State Board of Education Rule 17 F.A.C. 6A-7.0411(2)(i)2. 18

I. Additional exemptions authorized under certain conditions: 19

The requirements for requesting competitive solicitations and making 20

purchases for commodities and contractual services are waived 21 pursuant to F.S. 1010.04(4)(a), when the following conditions have 22 been met by the Board: 23

1. competitive solicitations have been requested in the manner 24

prescribed by this rule, and 25

2. the Board has made a finding that no valid or acceptable firm 26 proposal has been received within the prescribed time. 27

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 7 of 45

When such a finding has been officially made, the Board may enter 1 into negotiations with suppliers of such commodities and contractual 2 services and shall have the authority to execute contracts with such 3 vendors under the terms and conditions the Board determines are in 4 its best interests. 5

If fewer than two (2) responsive proposals for commodity or 6

contractual services are received, the Board may negotiate the best 7 terms and conditions or decide to reject all proposals. The Board shall 8 document the reasons that negotiating terms and conditions with the 9 sole proposer is in the best interest of the School District in lieu of 10 soliciting new proposals. 11

J. Commodities or contractual services available from a single source 12

may be exempted from the competitive solicitation requirements. 13 When the Board believes that commodities or contractual services are 14 available only from a single source, the Board shall electronically or 15 otherwise publicly post a description of the commodities or 16 contractual services for a period of at least seven (7) business days. 17 The description must include a request that prospective vendors 18 provide information regarding their ability to supply the commodities 19 or contractual services described. If it is determined in writing by the 20 Board, after reviewing any information received from prospective 21 vendors, that the commodities or contractual services are available 22 only from a single source, the Board shall provide notice of its 23 intended decision to enter a single source contract in the manner 24 specified in F.S. 120.57(3), and may negotiate the best terms and 25 conditions with the single source vendor. 26

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 8 of 45

K. The Board may dispense with requirements for competitive 1 solicitations for the emergency purchase of commodities or 2 contractual services when the Superintendent determines in writing 3 that an immediate danger to the public health, safety, or welfare or 4 other substantial loss to the School District requires emergency 5 action. After the Superintendent makes such a written 6 determination, the Board may procure commodities or contractual 7 services necessitated by the immediate danger, without requesting 8 competitive solicitations. However, such an emergency purchase 9 shall be made by obtaining pricing information from at least two (2) 10 prospective vendors, which must be retained in the contract file, 11 unless the Superintendent determines in writing that the time 12 required to obtain pricing information will increase the immediate 13 danger to the public health, safety, or welfare or other substantial loss 14 to the District. 15

L. A contract for commodities or contractual services may be awarded 16

without competitive solicitations if State or Federal law, a grant or a 17 State or Federal agency contract prescribes with whom the Board 18 must contract or if the rate of payment is established during the 19 appropriations process. 20

M. A contract for regulated utilities or government-franchised services 21

may be awarded without competitive solicitations. 22

N. As much as practicable, all purchases shall be based on contracts, 23 purchasing card systems, electronic procurements, or purchase 24 orders. 25

O. The Board, when acquiring, whether by purchase, lease, lease with 26

option to purchase, rental or otherwise, information technology, as 27 defined in F.S. 282.0041(15), may make acquisitions through the 28 competitive solicitation process or by direct negotiation and contract 29 with a vendor or supplier, as fits the needs of the School District as 30 determined by the Board. 31

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 9 of 45

P. Except as otherwise required by statute, the Board, when purchasing 1 insurance, entering risk management programs, or contracting with 2 third party administrators, may use the competitive solicitation 3 process or direct negotiations and contract. 4

Q. Emergency purchases made and approved by the Superintendent or 5

the Superintendent's designated representative. The Superintendent 6 will report all emergency purchases to the Board, as soon as possible. 7

When an emergency arises, circumstances contributing to such an 8

emergency shall be communicated to the proper department or 9 agency of the Board, which in turn will notify Procurement 10 Management, requesting the emergency purchase. 11

A requisition for an emergency purchase shall be accompanied by the 12

appropriate Emergency Purchase Request Form, explaining the 13 circumstances creating the emergency and clarifying that immediate 14 action is required to protect the Board's interests. Emergency 15 purchases are divided into two (2) categories as follows: 16

1. Emergency Purchase Request (Form B FM-3739) estimated 17

expenditure $50,000 and under requires the signature of the 18 initiating administrator, recommended by Director or above 19 and approval by the Assistant Superintendent or above. 20

2. Emergency Purchase Request (Form A FM-2333) estimated 21

expenditure over $50,000 requires the signature of the 22 initiating administrator, recommended by the Assistant 23 Superintendent or above, or his/her designee(s) and approval 24 by Superintendent or designee. Emergency purchases over 25 $50,000 shall be reported to the Board. 26

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 10 of 45

R. Competitive bidding is waived for purchases of maintenance and/or 1 service contracts, on various types of technical equipment, that are 2 offered and/or supplied only by the original manufacturer or its 3 representative, or that are required to maintain the integrity of the 4 manufacturer's warranty, or that are part of the manufacturer's 5 rental/lease/lease purchase agreements terms and conditions. 6

S. Non-Purchase Order Invoice Funds Reservation Purchases/Check 7

Requests are purchases for goods and services, expenditures, fund 8 transfers, etc., where a professional service contract is not required, 9 or a bid is in place and that are not appropriate for normal competitive 10 purchasing procedures. Periodically, these purchases shall be 11 reviewed by procurement staff to ensure compliance with this Board 12 Policy. Only the expenditures listed below will be authorized and 13 processed as Non-Purchase Order Invoice Funds Reservation/Check 14 Requests Purchases. Non-Purchase Order Invoice Funds 15 Reservation/Check Requests purchases require the same financial 16 authorization and approval process as purchase requisitions and 17 shopping carts. Those purchases for goods and services, 18 expenditures, fund transfers, etc., that are authorized for Non-19 Purchase Order Invoice Funds Reservation/Check Requests 20 Purchases are limited to include various types of fund advances, 21 services, reimbursements and purchases, and/or payment for goods 22 and services, which are not appropriate for normal competitive 23 purchasing procedures: 24

1. additional services where a professional service contract is not 25

required or there is no bid in place (polygraph, transcribing, 26 etc.) 27

2. employee related admission/registration fees to workshops 28

and conferences that are not expensed to out-of-county travel 29 (all out-of-county travel must be entered through and approved 30 by the travel system process) 31

3. association fees, professional association dues, academy 32

certification requirements and District membership to 33 organizations 34

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 11 of 45

4. internal distribution of funds to school athletic programs, 1 vending machine commissions, diplomas, and savings 2 programs 3

5. District rental/lease of facilities 4

6. all utility service, connection charges, and fees 5

7. graduation program fees (non-employees, union charges, etc.), 6

including facility rental, equipment requirements, foliage 7 rental, non-employees, and union charges 8

8. student related field trips, that are not quoted from a District 9

bid or contract handled through a tour company or travel 10 agency, tickets, and admissions to parks, registration fees for 11 competitions, and hotel accommodations 12

9. groceries and supplies for educational use in alternative 13

programs or academic requirements 14

10. insurance policies payments/reimbursements, State fees 15 (retirement, unemployment compensation, etc.), tax related 16 payments, legal settlement payments and bonds, license fees 17 and agreements, permit fees, property loss payment 18

11. media advertising (newspaper, radio, television, banners, 19

brochures, pamphlets, etc.) 20

12. grant authorized workshop reimbursements including 21 refreshments 22

13. petty cash replenishment 23

14. postage requisitions 24

15. toll charges for authorized District departments 25

16. travel reimbursement for non-employees 26

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 12 of 45

T. In accordance with State law and Policy 6327, Public-Private 1 Partnerships and Unsolicited Proposals, the Superintendent may 2 submit proposed public-private partnership agreements for qualifying 3 projects, including those resulting from unsolicited proposals, to the 4 Board for consideration. The Superintendent and Board shall 5 evaluate and consider all proposed public-private partnership 6 agreements according to the guidelines in F.S. 255.065 and Policy 7 6327. 8

U. Contracts for legal services by the Board attorney and the attorneys 9

supervised by the Board attorney, contracted third party claims 10 administration, nonpublic school placements and other 11 services/goods for which selection procedures are provided by State 12 statute, State Board rule, or other Board policy. 13

14 V. The Professional Services Contract Committee (PSCC) may consider 15

requests for exceptions from competitive bidding. The PSCC shall be 16 comprised of representatives, as stated in the attendee requirements 17 for an evaluation committee, but including a representative from the 18 Board attorney’s office. The PSCC may be grant exceptions for sole 19 source contracts, contractors having specific expertise, or as 20 otherwise determined by the PSCC to be in the best interest of the 21 Board. For contracts with an annual estimated cost of more than 22 $50,000, exceptions recommended by the PSCC must be approved by 23 the Board. 24

25 26 W. Procurement Management Services staff will provide the Board a 27

quarterly written expenditure report of purchases made using the 28 exemptions above and that exceed $100,000.00. The report shall 29 include date of purchase, vendor, amount, funding source, and 30 purchasing authority. 31

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 13 of 45 Competitive Bidding Requirement 1

A. A. Purchasing Thresholds for Competitive Bidding 2 3 The following provides a summary of the purchasing thresholds and 4 the corresponding procurement documents allowed to facilitate the 5 purchases: 6 7 1. Zero ($0) dollars to nine hundred ninety-nine ($999) dollars – shall 8

obtain one (1) written and dated quotation, with an applicable 9 expiration date; such as ninety (90) days; 10 11

2. One thousand ($1,000) dollars to forty-nine thousand nine 12 hundred and ninety-nine ($49,999) dollars – shall obtain three (3) 13 written, telephonic or electronic and dated quotation(s), which 14 may be completed using a Request for Quotes template. 15

3. Fifty thousand ($50,000) dollars and above – shall utilize the 16 Invitation to Bid, Invitation to Negotiate or the Request for 17 Proposal template(s). 18

19 B. Development of Specifications, Determination of Quantities, and 20

Standardization of Supplies and Equipment 21 22

1. To achieve both quality control and the price advantages of 23 quantity purchasing, the administration shall: 24

25 a. establish specifications for goods and services as needed; 26

27 b. identify several existing, commercially available "standard brands" 28

that meet the specifications acceptable as examples; and 29 30

c. invite vendors to bid on the standard brands identified or their 31 equivalent. 32

33 34

2. All bid quantities and specifications shall be transmitted to 35 Procurement Management Services by the originating 36 department in writing. The originating department shall also 37 certify to Procurement Management Services in writing that the 38 specifications for an existing bid (to be rebid) are still 39 appropriate before issuance of the bid. Specifications 40

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 14 of 45

originated by Procurement Management Services shall follow 1 similar certification procedures. 2

3 3. All increases to quantities specified in an existing term bid requiring 4

a supplemental bid award shall be requested in writing by the 5 originating department, countersigned by an administrator reporting 6 directly to the Superintendent, and identifying the reason why the 7 increase in quantities was unavoidable. If an adequate reason cannot 8 be identified, then the corrective action to be taken by the originating 9 department to prevent a future underestimate of quantities shall be 10 described. A similar procedure will be followed for term bids 11 originated by Procurement Management Services. 12

13 4. All changes to specifications for an existing bid (to be rebid) or similar 14

bid shall be identified in writing, including the reason for the change, 15 by the originating department or Procurement Management Services 16 if it is the originator. 17

18 5. The Chief Procurement Officer of Procurement Management Services 19

shall identify specifications which appear to limit the bidding process 20 to a single vendor. In the event that the Chief Procurement Officer 21 has identified such a set of specifications, the originating department 22 shall be required to justify in writing the specifications which appear 23 to favor a single vendor. This documentation shall be countersigned 24 by an administrator reporting directly to the Superintendent. 25

26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 C. Written or Electronic Quotations (Request for Quotes) 42

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For each purchase of $50,000 or less and over the minimum 1 quotation threshold established by Procurement Management 2 Services, staff shall obtain written, telephone, or electronic quotations 3 from three (3) or more sources. If possible, vendors contacted shall 4 include M/WBE vendor participation. If only one (1) of those sources 5 respond with prices, two (2) additional sources, if available, may be 6 contacted for pricing, including, if possible, an M/WBE vendor. If no 7 additional prices are obtained from those sources, the award shall be 8 made to the vendor who submitted the lowest and best price 9 quotation. If all three (3) of the vendors first contacted for prices 10 respond with valid price quotations, the award shall be made to the 11 vendor who submitted the lowest price quotation meeting the bid 12 specifications, with no additional requests from other vendors 13 required. 14

Quotations obtained shall be attached to or included with the 15

purchase order by written notations or electronic reference indicating 16 quotation prices and sources, certification by signature or facsimile. 17 The requisition shall be approved for purchase as authorized by the 18 Superintendent. All internal fund purchases shall comply with Policy 19 6610. 20

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 16 of 45

D.B. Invitation to Bid 1 2 Invitation to Bid may be used when the Board is capable of specifically 3 defining the scope of work for which a contractual service is required 4 or when the Board is capable of establishing precise specifications 5 defining the actual commodity or group of commodities required. 6 7 The following process shall be followed for an ITB: 8 9 10

1. 11 1. For contracts estimated to be more than $50,000 annually: 12 13 a. In accordance with Board Policy 6320.02, the Goal Setting 14

Committee (GSC) shall review the summary scope of work to 15 determine Small Business Enterprise (SBE), Micro Business 16 Enterprise (MBE), M/WBE or Veteran Business Enterprise 17 (VBE) participation in the project. 18

19 b. The ITB shall be advertised to solicit maximum vendor 20

participation. To enhance M/WBE participation, 21 advertisements may be published and announced in major 22 publications that serve minority communities; however, it shall 23 be posted electronically. 24

25 2. For contracts estimated to cost less than $50,000 annually: 26 27 a. There must be evidence that at least three (3) vendors were 28

contacted in writing, and if possible, at least one (1) of these 29 vendors shall be a M/WBE. 30

31 32 b. If only one (1) potential vendor is known, an advertisement 33

shall be placed in an appropriate publication that is widely 34 distributed. If no responses are received, the contract can be 35

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developed with the one (1) known vendor in accordance with 1 other established procedures. 2

3 3. The ITB shall include an implementation schedule consisting 4

of the following: 5 6

a. GSC meetings, 7 8

b. mailing/posting date, 9 10

c. pre-proposal conference (if required), 11 12

d. opening date and time documented by bid opening 13 minutes, 14

15 e. evaluation and tabulation of bid, and 16

17 f. recommendation of award process to the Board. 18

19

g. Award notification is provided to all awarded bidder(s). 20 21 4. The Board may accept the proposal of the lowest responsive, 22

responsible proposer. Alternatively, the Board may award 23 contracts to the lowest responsive, responsible bidder as the 24 primary awardee of a contract and to the next lowest 25 responsive, responsible bidder(s) as alternate awardee(s) from 26 whom commodities or contractual services would be 27 purchased should the primary awardee becomes unable to 28 provide all of the commodities or contractual services required 29 by the Board during the term of the contract. Multiple awards 30 to the lowest responsive and responsible bidders are permitted 31 when multiple awards are clearly allowed by the bid solicitation 32 documents. Also, awards shall be made to preapproved 33 vendor(s), where price is not an evaluation factor; however, 34 bidders are responsive to other factors noted within the 35 solicitation document. 36

37 38 The Board may accept the proposal of the lowest responsive, 39

responsible proposer. Alternatively, the Board may award 40 contracts to the lowest responsive, responsible bidder as the 41 primary awardee of a contract and to the next lowest 42

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responsive, responsible bidder(s) as alternate awardee(s) from 1 whom commodities or contractual services would be 2 purchased should the primary awardee becomes unable to 3 provide all of the commodities or contractual services required 4 by the Board during the term of the contract. Multiple awards 5 to the lowest responsive and responsible bidders are permitted 6 when multiple awards are clearly allowed by the bid solicitation 7 documents. 8

5. 2. When the determination is made that a bid is appropriate, the 9

performance specifications and standard requirements shall 10 be stated in detail and shall be furnished to Procurement 11 Management Services by the originating department. After 12 review, Procurement Management Services shall issue the 13 invitation to bids, including all general and special conditions, 14 and evaluate the bids submitted. The requirements for 15 solicitation and review of bids by the Goal Setting Committee 16 (GSC) shall be followed in all cases. Board approval is required 17 for contracts recommended for award. 18

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6. 3. For each purchase of more than $50,000, bids shall be noticed 1 publicly to ensure open competition requested from three (3) 2 or more sources. Notices of bids shall be electronically posted 3 or may be sent to all vendors on the active vendor mailing list(s) 4 per commodity code(s) for that category of goods or services. 5 This list shall include all minority/women business enterprises 6 (M/WBE) vendors, identified by the Board in accordance with 7 Policy 6320.02, for that particular category of goods or 8 services, as well as organizations involved in assisting 9 M/WBEs. Notices of bids shall be advertised in one (1) or more 10 major local newspapers or electronically posted at least seven 11 (7) days prior to the bid opening date. This may include, as 12 necessary, major newspapers having circulation representative 13 of the various relevant minority classifications or electronic 14 posting. Tabulations of current bids shall be retained in bid 15 files and shall be available for reference. Standard bid forms 16 used shall be those reviewed and approved by the 17 Superintendent and the Board attorney’s office. 18

19 7. Any additional evaluation criteria, such as small or micro-20

business enterprise, minority and/or veteran preferences that 21 are referenced in the solicitation document shall be reviewed 22 and evaluated. 23

24

C. Development of Specifications, Determination of Quantities, and 25 Standardization of Supplies and Equipment 26

27 1. To achieve both quality control and the price advantages of quantity 28

purchasing, the administration shall: 29 30 a. establish specifications for goods and services as needed; 31 32 b. identify several existing, commercially available "standard brands" 33

that meet the specifications acceptable as examples; and 34 35 c. invite vendors to bid on the standard brands identified or their 36

equivalent. 37 38

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1 2 2. All bid quantities and specifications shall be transmitted to 3

Procurement Management Services by the originating department in 4 writing. The originating department shall also certify to Procurement 5 Management Services in writing that the specifications for an existing 6 bid (to be rebid) are still appropriate before issuance of the bid. 7 Specifications originated by Procurement Management Services shall 8 follow similar certification procedures. 9

10 3. All increases to quantities specified in an existing term bid requiring 11

a supplemental bid award shall be requested in writing by the 12 originating department, countersigned by an administrator reporting 13 directly to the Superintendent, and identifying the reason why the 14 increase in quantities was unavoidable. If an adequate reason cannot 15 be identified, then the corrective action to be taken by the originating 16 department to prevent a future underestimate of quantities shall be 17 described. A similar procedure will be followed for term bids 18 originated by Procurement Management Services. 19

20 4. All changes to specifications for an existing bid (to be rebid) or similar 21

bid shall be identified in writing, including the reason for the change, 22 by the originating department or Procurement Management Services 23 if it is the originator. 24

25 5. The chief procurement officer of Procurement Management Services 26

shall identify specifications which appear to limit the bidding process 27 to a single vendor. In the event that the chief procurement officer has 28 identified such a set of specifications, the originating department 29 shall be required to justify in writing the specifications which appear 30 to favor a single vendor. This documentation shall be countersigned 31 by an administrator reporting directly to the Superintendent. 32 33

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DE. Request for Proposals (RFP) 1

The Board may award contracts to one (1) or more responsive, 2 responsible proposers in accordance with the selection criteria 3 published in the request for proposal. The Board is not required to 4 solicit request proposals for purchases made from contracts of the 5 Department of Management Services. 6

The RFP shall be used when it is not practicable for the Board to 7

specifically define the scope of work for which the commodity, group 8 of commodities, or contractual service is required and when the Board 9 is requesting that a responsible vendor propose a commodity, group 10 of commodities, or contractual service to meet the specifications of 11 the solicitation document. the purposes and uses for which the 12 commodity, group of commodities, or contractual service being 13 sought can be specifically defined and the agency is capable of 14 identifying necessary deliverables. Various combinations or versions 15 of commodities or contractual services may be proposed by a 16 responsive vendor to meet the specifications of the solicitation 17 document. A written solicitation includes a solicitation that is 18 electronically posted. 19

The following process shall be followed for an RFP: 20

1. For contracts estimated to be more than $50,000 annually: 21

a. Prior to issuing the RFP and iIn accordance with Board 22

Policy 6320.02, the GSC shall review the RFP to 23 determine Small Business Enterprise (SBE), Micro 24 Business Enterprise (MBE), M/WBE or VBE 25 participation in the project. 26

b. The RFP shall be advertised to solicit maximum vendor 27

participation. To enhance M/WBE participation, 28 advertisements may must be published and announced 29 in major publications that serve minority communities; 30 however, it shall be posted electronically. 31

2. For contracts estimated to cost less than $50,000 annually: 32

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 22 of 45

a. There must be evidence that at least three (3) vendors 1 were contacted in writing, and if possible, at least one (1) 2 of these vendors shall be a M/WBE. 3

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 23 of 45

b. If only one (1) potential vendor is known, an 1 advertisement shall be placed in an appropriate 2 publication that is widely distributed. If no responses 3 are received, the contract can be developed with the one 4 (1) known vendor in accordance with other established 5 procedures. 6

3. The RFP shall include an implementation schedule consisting 7

of the following: 8

a. GSC meetings, 9

b. mailing/posting date, 10

c. pre-proposal conference (if required), 11

d. opening date and time documented by bid opening 12 minutesevaluation criteria, 13

e. oral presentationsinterview schedule (if required), 14

f. recommendation of award process to the Board. 15 16 h. Award notification is provided to all awarded bidder(s). 17 18

4. The evaluation criteria shall include, but are not limited to: 19

a. technical qualifications and conformance to the 20

proposal requirements experience, 21

b. past performance, 22

c. price considerations, 23

d. small or micro-business, minority, and/or veteran 24 business M/WBE participationparticipation, and 25

e. other instructions specific to RFP. 26

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 24 of 45

EF. Invitation to Negotiate 1

The Invitation to Negotiate (ITN) shall be used when a written 2 solicitation obtains competitive sealed proposals and the evaluation 3 committee recommends selecting one (1) or more vendors with which 4 to negotiate for the procurement of commodities or contractual 5 services and when the Board determines that negotiations may be 6 necessary to receive the best value. 7

Invitations to Negotiate shall follow the process noted above for RFPs. 8

FG. Evaluation Committee Meetings For RFPs and ITNs only 9

1. The committee shall consist of at least: 1) two (2) individuals 10

from the originating department; however, not more than 11 one (1) of these individuals can be from the requesting 12 department bureau; 2) two (2) individuals from outside the 13 requesting department; 3) one (1) individual from the Office of 14 Economic Opportunity; and 4) one (1) individual from 15 Procurement Management Services (non-voting). Additional 16 members may be appointed at the discretion of the Chief 17 Procurement Officer Superintendent. The committee shall to 18 the extent possible, be ethnically and gender representative. 19

2. These meetings are subject to F.S. Chapter 286 except for 20

meetings in which the vendors will be making oral 21 presentations and answering questions as part of the 22 solicitation process, which shall be closed to the public in 23 accordance with F.S. 286.0113(2)(b)(1). 24

3. When committees are established to evaluate a RFP or ITN, the 25

Procurement Management Services staff will conduct the 26 meetings, and ensure that: 1) minutes are recorded, and 27 2) proper documentation and records of committee actions are 28 maintained. 29

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 25 of 45

4. The evaluation committee's written recommendation must 1 include the following for inclusion in the master bid file within 2 Procurement Management Services: 3

a. clear objective of the RFP, 4

b. identification of the committee members, 5

c. committee meeting dates and brief synopsis of the 6

general discussion, 7

d. dates of any or all oral presentations interviews, 8

e. name and location of the offeror(s), 9

f. evaluation criteria, 10

g. explanation of the basis for selection, 11

h. recommendation of acceptance of the offeror(s) 12 proposal, 13

i. committee member votes or tabulation results. 14

GH. When the committee evaluation process is complete, the 15

Superintendent will forward the recommendations to the Board for 16 approval before any contract will be issued. 17

HI. The following exceptions to this rule apply: 18 19 1. Contracts for legal services by the Board attorney and the attorneys 20

supervised by the Board attorney, contracted third-party claims 21 administration, nonpublic school placements and other 22 services/goods for which selection procedures are provided by State 23 statute, State Board rule, or other Board policy. 24 25

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 26 of 45

1 2 2. The Professional Services Contract Committee (PSCC) may consider 3

requests for exceptions. The committee shall be comprised of three 4 (3) representatives from senior staff, two (2) representatives from 5 education and curriculum, one (1) representative from the GSC, 6 one (1) representative from the Office of Economic Opportunity (OEO), 7 and nonvoting representatives, from Procurement Management 8 Services, Board attorney’s office, and Management and Compliance 9 Audits. Exceptions may be granted for sole source contracts, 10 contractors having specific expertise, or as otherwise determined by 11 the committee to be in the best interest of the Board. For contracts 12 with an annual estimated cost of more than $50,000, exceptions 13 recommended by the committee must be approved by the Board. 14

IJ. RFP and Professional Service Contracts: 15 16 Professional service is any type of personal service to the District 17

which requires as a condition precedent to the rendering of such 18 service: 19

20 1. the obtaining of a license or other legal authorization; or 21 22 2. work which can only be performed by one (1) who has achieved a high 23

level of training and proficiency in the work to be performed. 24 25 Where the contract is estimated to cost less than $50,000, but more than 26

the threshold established for quotations, and an exception for the 27 procedure outlined above is sought, the contract is not required to be 28 submitted to the Board for approval if the committee has granted an 29 exception pursuant to this policy. 30

31 The Board may make further exceptions on a case-by-case basis upon 32

recommendation of the Superintendent. 33 34

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 27 of 45 Purchase Requisitions 1 District schools, departments, and agencies shall initiate a properly executed 2 purchase requisition, containing authorized approvals of the originating 3 administrator, principal, department or agency head, for the purchase of any and all 4 items desired, except where small purchases, transactions not in excess of $3,000.00 5 per requisition, and market difficulties, make the cost of some purchases in this 6 manner economically unsound. In those instances, administrative directives or 7 operating manuals may be issued, when deemed necessary, containing the 8 procedures to economically perform the purchasing function within the controls 9 required and authority provided by Florida statute, Florida Board of Education 10 Administrative Rules and Board policies. 11 12 Split requisitions, to bypass the approval requirements and/or the bidding process, 13 are specifically forbidden. 14 Requisitions must contain the appropriate authorized approvals as prescribed by 15 administrative procedures for the SAP system, as well as documented procurement 16 authority. Fully approved requisitions will be reviewed and approved by procurement 17 staff to ensure proper application of this Policy and will be converted to approved 18 purchase orders for release to the vendors. 19 20 Unauthorized Purchases 21 22 As defined, unauthorized purchases are agreements, commitments, or an order for 23 goods or services or construction, or changes to existing contracts by any District staff 24 and/or school site staff who does not have an approved purchase order, fund 25 reservation and/or pcard approval. Also unauthorized are (1) purchases made without 26 the required competitive bidding, (2) purchases made in advance of an approved 27 purchase order, fund reservation and/or pcard approval, and (3) changes under 28 existing contracts made by a person who does not have delegated procurement 29 authority. 30 31 Unauthorized purchases are not binding on the District. Payment for any 32 unauthorized purchase may be the responsibility of the staff person placing the order. 33 Additional disciplinary action may be taken against the responsible staff person. 34 35 For each suspected incident of an unauthorized purchase, procurement staff will 36 notify the staff person(s) involved and request appropriate documentation to 37 authorize or cancel the purchase and to ensure future compliance with this Policy. 38

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 28 of 45 1 Protests 2 A bidder, who wishes to file a bid protest, must file such notice and follow procedures 3 prescribed by F.S. 120.57(3) and Bylaw 0133, for resolution. 4 Protest of Specifications 5 Any notice of protest of the specifications contained in an Invitation to Bid (ITB) or 6 Request for Proposal (RFP) or Invitation to Negotiate (ITN) shall be filed accordance 7 with Board Bylaw 0133. 8 For a protest of the specifications contained in an Invitation to Bid (ITB) or in a 9 Request for Proposals (RFP) or Invitation to Negotiate (ITN), the Notice of Protest shall 10 be filed in writing within seventy-two (72) hours after the posting of a solicitation. The 11 Formal Written Protest shall be filed within ten (10) calendar days after the date the 12 notice of protest is filed. Failure to file a Notice of Protest or failure to file a Formal 13 Written Protest shall constitute a waiver of proceedings under this rule. The Formal 14 Written Protest shall state with particularity the facts and law upon which the protest 15 is based. Saturdays, Sundays, and legal holidays shall be excluded in the 16 computation of the seventy-two (72) hour time period provided by this paragraph. 17

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 29 of 45 Posting the Bond 1 The protesting party shall post a bond in a form consistent with F.A.C. 2 Rule 28-110.005(2). A notice of decision or intended decision shall contain this 3 statement: “Failure to file a protest within the time prescribed in F.S. 120.57(3), or 4 failure to post the bond or other security required by law within the time allowed for 5 filing a bond shall constitute a waiver of proceeding under F.S. Chapter 120.” 6

A. Bond: Commodities (Other than Lease of Space) and Contractual 7 Services (Including Professional Services and Insurance) – Pursuant 8 to F.S. 287.042(2)(c), any person who files an action protesting a 9 decision or intended decision pertaining to a solicitation or contract 10 award shall post with the Board, at the time of filing the formal written 11 protest, a bond secured by an acceptable surety company in Florida, 12 payable to The School Board of Miami-Dade County, Florida, in an 13 amount equal to one percent (1%) of the District’s estimate of the 14 dollar value of the proposed contract. 15

1. The District shall provide the estimated contract amount to the 16

protestor within seventy-two (72) hours (excluding Saturdays, 17 Sundays, and holidays when the District administrative office 18 is closed) after the filing of the Notice of Protest. The estimated 19 contract amount is not subject to protest under this policy or 20 F.S. 120.57(3). In lieu of a bond, the Board may accept a 21 cashier’s check or money order in the amount of the bond. 22

2. The bond shall be conditioned upon the payment of all costs 23

and charges which may be levied against the protestor in the 24 administrative hearing in which the action is brought and in 25 any subsequent appellate court proceeding. 26

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 30 of 45

3. Pursuant to F.S. 287.042(2)(c), if, the Board prevails in the 1 administrative hearing process and any appellate court 2 proceedings, it shall be entitled to recover all costs and charges 3 which are included in the final order or judgment, excluding 4 attorneys’ fees. Upon payment of such costs and charges by 5 the person protesting the decision or intended decision or 6 contract award, the bond, cashier’s check, or money order 7 shall be returned to the protestor. If the protestor prevails, the 8 protestor may recover from the Board the costs and charges 9 which are included in the final order or judgment, excluding 10 attorneys’ fees. 11

B. Bond: Competitive Bids for Lease of Space -- Pursuant to 12

F.S. 255.25(3)(c), any person who files an action protesting a decision 13 or intended decision pertaining to a competitive bid for space to be 14 leased by the Board shall post with the Board, at the time of filing the 15 formal written protest, a bond payable to the Board in an amount 16 equal to one percent (1%) of the estimated total rental of the basic 17 lease period or $5,000, whichever is greater. The bond shall be 18 conditioned upon the payment of all costs which may be levied against 19 him/her in the administrative hearing in which the action is brought 20 and in any subsequent appellate court proceeding. If the Board 21 prevails in the administrative hearing process and any appellate court 22 proceedings, it shall recover all costs and charges, which are included 23 in the final order or judgment, excluding attorneys’ fees. Upon 24 payment of such costs and charges by the person protesting the 25 award, the bond shall be returned to him/her. If the person 26 protesting the award prevails, the bond shall be returned to that 27 person and s/he shall recover from the Board the costs and charges 28 which are included in the final order or judgment, excluding 29 attorneys’ fees. 30

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 31 of 45

C. Bond: Construction Purchasing – Construction purchasing is 1 separately governed by Board policy, and persons protesting 2 competitive procurement related to educational facilities shall be 3 required to post a bond in the amount specified in F.S. 255.0516, 4 which also governs recovery of fees and costs including attorneys’ 5 fees. 6

D. Staying the Procurement Process – Upon timely receipt of the formal 7

written protest petition, and posting of the bond, the solicitation or 8 contract award process shall be stayed until the protest is resolved by 9 final agency action, unless the Board sets forth, in writing, particular 10 facts and circumstances which require the continuance of the 11 solicitation or contract award process in order to avoid an immediate 12 and serious danger to the public health, safety, and welfare. 13

Protest of Bid Award 14 Any person who is adversely affected by the Board's decision or intended decision, 15 shall file a Notice of Protest in writing with the Clerk of the Board, who shall maintain 16 an office in the Board Administration building, within seventy-two (72) hours after the 17 posting of the bid tabulation or after receipt of the notice of the Board's decision or 18 intended decision and shall file a Formal Written Protest within ten (10) calendar days 19 after filing the Notice of Protest. The protesting bidder shall also be required to post 20 a bond, consistent with this rule. Failure to file a Notice of Protest or failure to file a 21 Formal Written Protest shall constitute a waiver of proceedings under F.S. Chapter 22 120.57. The formal written protest shall state with particularity the facts and law 23 upon which the protest is based. Saturdays, Sundays, and legal holidays shall be 24 excluded in the computation of the seventy-two (72) hour time period provided by this 25 paragraph. 26

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 32 of 45 The Formal Written Protest will be reviewed by Procurement Management Services, 1 who will offer the protesting bidder the opportunity to meet and discuss the merits of 2 the protest. If the protest is not resolved, the matter may be referred for proceedings, 3 pursuant to F.S. 120.569 and 120.57. Petitions for hearing on protests pursuant to 4 F.S. 120.569 and 120.57 must be filed in accordance with Board Bylaw 0133 on 5 quasi-judicial proceedings. 6 Upon receipt, the Board Clerk shall forward a copy of any Notice of Protest to the 7 Board. After a Notice of Protest is filed, the Clerk shall notify the Board upon receipt 8 of a Formal Written Protest, and shall also notify the Board if no Formal Written 9 Protest is submitted after the statutory time period for filing a Formal Written Protest 10 has elapsed. The Clerk will inform the Board of the final resolution of any Formal 11 Written Protest, regardless of whether the resolution involved a formal administrative 12 hearing. If the resolution involved a formal administrative hearing, the Board will be 13 informed of the results in accordance with Policy 0133, Quasi-Judicial Proceedings. 14 Receiving and Opening of Bids 15 The Superintendent, or an administrator designated by the Superintendent, shall 16 designate the time and place for receiving and opening of bids. 17

A. Bids are to be submitted to Procurement Management Services or 18 electronically up to the time and on the date specified in the bid 19 documents. Bids received after the date and hour specified in the Bid 20 documents der Qualification Form will not be considered. 21

B. At least two (2) Procurement Management Services staff will be 22

assigned to facilitate the public bid opening. The following persons 23 shall participate in the bid opening function: 24

25 1. The District Director, Procurement Management Services, or an 26

administrator designated by the District Director shall serve as 27 chairperson. 28 29

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 33 of 45

1 2 2. A person designated by the District Director, Procurement 3

Management, to record the minutes of the bid opening, and such 4 minutes shall be reported to the Board at the next regularly scheduled 5 Board meeting. 6

7 3. The Executive Director, Project and Contract Management, or an 8

administrator designated by the Executive Director. 9 10 4. Those additional administrators and support staff required for the 11

efficient handling of this procedure. 12

C. All construction bids shall be opened and tabulated prior to bids being 13 released by the recording secretary. 14

D. All purchasing bids will be recorded at the time they are received, 15

showing the bid number, bid title, and the names of the bidders 16 submitting bid forms. The record shall be made prior to the release 17 of the bid material by the recording secretary. Notification of timely 18 receipt shall be confirmed by the bid opening minutes and submitted 19 to the Board at the next regularly scheduled Board meeting. 20

The above guidelines for receiving bids do not apply to the awarding of bids at Board 21 meetings. 22 The Recording or Tabulation of Purchasing Bids 23 The names of bidders, the prices submitted, and such other pertinent data, will be 24 electronically available or entered on a tabulation sheet by Procurement Management 25 Services. This information shall be available as set forth in F.S. 119.07. 26

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 34 of 45 Rejection of Bids 1 The right to reject any and all bids is reserved by the Board and such reservation shall 2 be indicated in all advertising and invitations. When bids are rejected and the project 3 or requirement is not abandoned, new bids may be issued. Bids which contain any 4 alterations or erasures may be rejected. Bids will be rejected for good and sufficient 5 cause, such as faulty specifications, excessive cost, and abandonment of the 6 requirements, insufficient funds, or other irregularities. Bids may be rejected for 7 failure by the bidder to comply with any requirement stated in the bid document, the 8 bid proposal form, or any attachments which become part of the bid. 9 Irregular or Deviating Bids 10 In the event that Procurement Management Services wishes to make a 11 recommendation of an award of a bid to a bidder who has deviated from specifications, 12 or in which there is any irregularity, the report recommending such an award should 13 contain in detail: the manner in which the bid deviates from the specifications or is 14 irregular, the reasons for the recommendation of the award, and approval by the 15 Board Attorney. 16 Award Recommendation 17 Notice of Intended Action will be posted on the District’s website for Procurement bids 18 no later than the Friday preceding the week when the award is scheduled to be made 19 by the Board or Superintendent. 20 Official Award Date 21 Awards become official when made, unless otherwise specified in the award 22 recommendation. 23

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 35 of 45 Contract Renewals 1 The Board shall have the authority to award bids and reject any or all bids. The 2 Superintendent shall have the authority to exercise, in subsequent years, any renewal 3 options included in a bid solicitation, provided terms and conditions are favorable for 4 the School District and subject to the availability of funds. 5 Legal Basis for Procedures 6 The procedures for the purchase of commodities and services, and construction of 7 facilities for the District shall comply with the Florida statutes and the Florida 8 Administrative Code. 9 Bidding 10 It is the policy of the Board that the Superintendent shall be responsible for estimating 11 needs for items in common use and making quantity purchases. All items, or group 12 of related items that cost in excess of the amount defined in F.A.C. 6A-1.012(6), shall 13 be purchased based on competitive bids, except as otherwise authorized by Florida 14 statutes and/or Florida Administrative Code. 15 Identical Prices/Points--Priorities for Award 16 When identical prices/points are received from two (2) or more vendors/firms and all 17 other factors are equal, priority for award shall be given to vendors/firms in the 18 following sequence: 19

A. A business that certifies that it has implemented a drug-free work 20 place program shall be given preference in accordance with the 21 provisions of F.S. 287.087; 22

B. Local vendor as defined by Board Policy 6320.05; 23

C. Certified service-disabled Veteran business; 24

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 36 of 45

D. A certified Minority/Women Business Enterprise vendor; 1

E. The Miami-Dade County SBE/Micro/Minority/Women Business 2 Enterprise vendor; 3

F. The Broward, Palm Beach or Monroe County 4

SBE/Micro/Minority/Women Business Enterprise vendor; 5

G. The Broward, Palm Beach or Monroe County vendor, other than the 6 SBE/Micro/Minority/Women Business Enterprise vendor; 7

H. The Florida vendor who is a SBE/Micro/Minority/Women Business 8

Enterprise vendor; 9

I. The Florida vendor, other than a Minority/Women Business 10 Enterprise vendor; 11

J. The Minority/Women Business Enterprise vendor, who, because of 12

lower prices, receives a larger dollar award for other items; and 13

K. The SBE/Micro/non-Minority/Women Business Enterprise vendor 14 who, because of lower prices, receives a larger dollar award for other 15 items. 16

In accordance with Florida law, local preference shall not be applied to competitive 17 solicitations for construction services in which fifty percent (50%) or more of the cost 18 will be paid from state-appropriated funds which have been appropriated at the time 19 of the competitive solicitation. The solicitation documents for construction services 20 in this event must disclose that no local preference consideration will be applied. 21 If application of the above criteria does not indicate a priority for award or cannot be 22 applied by law, Board administration shall determine if the award is capable of being 23 split, and, if the vendors will agree to split the award. If the award cannot be split, or 24 the vendors do not agree to split the award, the award will be decided by the toss of a 25 coin. The toss of a coin shall be held publicly, with the tie low bid vendors invited to 26 be present as witnesses and participants. The Chief Procurement Officer or Aa staff 27 member from the OfficeDivision of Procurement Management will preside over the coin 28 toss and a member from Internal Audits will observe. 29

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 37 of 45 Vendor Preference for Certified Service-Disabled Veteran Business Enterprises 1 The Board provides a vendor preference for certified service disabled veteran 2 businesses in accordance with Board Policy 6320.02 and State law. 3 In assessing priorities for award, when identical prices are received from two (2) or 4 more vendors and all other factors are equal, priority for award shall be given to a 5 certified service-disabled veteran business enterprise as defined by F.S. 295.187 and 6 Policy 6320.02. In the event there are two (2) or more certified-disabled veteran 7 business enterprises entitled to the preference, then the award shall be given to the 8 business having the smallest net worth. 9 The vendor preference for certified service-disabled veteran businesses shall be 10 subordinate only to the vendor preference for businesses implementing a drug-free 11 workplace. 12 The Board's goal for participation by service disabled veteran business enterprises 13 shall be established at three percent (3%) of the total value of all prime 14 contract/subcontract awards for each fiscal year. 15 Performance and Payment Security, Default and Bonding Company 16 Qualifications 17

A. Performance Security on Construction Bids and Awards 18

1. Bid bond of five percent (5%) of the total bid amount is 19 required. 20

2. In order to encourage participation in construction, 21

remodeling, and renovation projects by small, woman owned, 22 and minority owned businesses, at the option of the Board, no 23 bid security or performance or payment bond shall be required 24 for bids in an amount less than $200,000. 25

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 38 of 45

3. Bid awards exceeding $200,000 require a 100% performance 1 and payment security of the award amount. For construction 2 projects costing $200,000 or more, the accepted bidder must 3 deliver performance and payment bonds equal to the contract 4 price, no later than twenty (20) days after the date of award of 5 the contract or Approval of the Guaranteed Maximum Price 6 (GMP) Amendment by the Board. Bonds must be issued by 7 surety companies admitted to do business in the State of 8 Florida and listed in the Federal Register of the U.S. 9 Department of Treasury for Surety Companies Acceptable on 10 Federal Bonds. 11

Bid security shall be a certified check, cashier’s check, 12

Treasurer’s check, band draft, or bid bond acceptable to the 13 Board in a form and manner that is acceptable to the Board. 14

Should the accepted bidder fail to furnish performance and 15

materials and payment bonds, the amount of the bid security 16 may be forfeited to the District. 17

B. Performance Security on Awards Other than Construction 18

1. Bid awards of $200,000 or less shall be exempt from 19

performance and payment security. 20

2. Performance security shall not be required unless otherwise 21 defined in the bid specification. Performance security shall 22 equal 100% of the award amount. 23

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 39 of 45

C. Bonding Company Qualifications 1

Bonds shall be written through a reputable and responsible surety 2 bond agency licensed to do business in the State of Florida and with 3 a surety company or corporation meeting both of the following 4 specifications: 5

1. Awards Greater than $500,000 6

a. A minimum rating in the latest revision of Best's 7

Insurance Reports of: 8 Contract Amount Minimum Rating by 9 A.M. Best 10 $200,000.00 to 11 $5,000,000 A, No Minimum Class 12 $5,000,000.01 to 13 $10,000,000 A, Class IV 14 $10,000,000.01 or more A, Class V 15

b. Current certificate of authority as acceptable surety on 16 Federal Bonds in accordance with the latest edition of 17 the United States Treasury Department Circular 570 18 entitled "Companies Holding Certificates of Authority as 19 Acceptable Sureties on Federal Bonds and as Acceptable 20 Reinsuring Companies" and shall be accepted for an 21 amount not exceeding the underwriting limitation 22 thereon. 23

2. Awards of $500,000 or less 24

Bonds shall be written with a surety company or corporation 25

meeting the qualifications as set forth in Paragraph A.2 above 26 or the qualifications set forth in F.S. 287.0935. 27

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 40 of 45 Vendor Performance 1 2 3 Upon award of all bids and contracts, vendor performance shall be documented by 4 the originating department. Periodically, procurement staff and the originating 5 department shall review and discuss awarded vendors’ performance, per the terms 6 and conditions of the bid or contract, including the spend analysis. 7 8 Should the vendor be identified with poor performance, procurement staff and the 9 originating department shall notify the vendor to cure the bid or contract deficiency, 10 within a stated timeframe. 11 12 13 Suspension or Default by Vendor 14 Board Policy 6320.04, Contractor Discipline, governs debarment, suspension, and 15 other disciplinary action that may be taken by the School Board against contractors 16 that violate law and Board policies. 17 18 Contractors may be suspended and/or debarred from doing business with the Board 19 or otherwise disciplined. Suspension and debarment are serious sanctions that may 20 only be imposed when it is in the best interest of the Board and to protect the 21 public. 22 23 The Superintendent is authorized to develop and implement disciplinary procedures 24 that comply with State and Federal laws, ordinances, codes, regulations, and the 25 above-referenced policy 6320.04. 26 27 Bid or Contract Close-out Period 28 29 Procurement staff and the originating department shall notify the vendor of the 30 termination of the bid or contract services, within a reasonable time, requesting any 31 pending reports, documents, data or property generated using district funds during 32 the contract period or invoices to be submitted. 33 34 35 A bidder who declines an award shall either 1) pay liquidated damages of five percent 36 (5%) of the unit price bid times the quantity, or $10, whichever is greater, or 2) lose 37 eligibility to transact new business with the Board for a period of fourteen (14) months 38

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 41 of 45 from the date the Board acts on the withdrawn bid. 1 A bidder who accepts an award but fails to perform shall either (1) pay liquidated 2 damages of ten percent (10%) of the unit price of the item(s) awarded times the 3 quantity when no purchase order has been issued, ten percent (10%) of the purchase 4 order when a purchase order has been issued or $100, whichever is greater, or (2) lose 5 eligibility to transact new business with the Board for a period of fourteen (14) months 6 from date of termination of award by the Board. The ineligibility shall be applicable 7 to the principals individually and the entity, as well as any other firm in which a 8 principal of a defaulting firm is a principal. If an awardee fails to pay the liquidated 9 damages within fifteen (15) days after it is invoked, the awardee shall lose eligibility 10 to transact new business with the Board for a period of fourteen (14) months from the 11 date of termination of award by the Board. Bidders that are determined ineligible may 12 request a hearing pursuant to F.S. 120.57, Board Bylaw 0133. The Board reserves 13 the right to waive liquidated damages/loss of eligibility. 14 Reinstatement of vendors losing eligibility to transact new business with the Board 15 will not be automatic and will be subject to review by the Contractor Disciplinary 16 Review Committee (CDRC) as defined in Board Policy 6320.04. Vendors will be 17 required to submit a request for reinstatement including, but not limited to, 18 information as to their status as a responsible vendor and what steps have been taken 19 to avoid such a situation which caused their suspension as a District vendor. The 20 CDRC will notify the Board of all vendors denied reinstatement, and the reasons for 21 denial. 22 "Principal" is defined as an officer of a corporation, partner of a partnership, sole 23 proprietor of a sole proprietorship, trustee of a trust, or any other person with similar 24 supervisory functions with respect to any legally organized entity. 25

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 42 of 45 Vendor suspension shall be governed by and accordance with Board Policy 6320.04. 1 Signatures of Superintendent and Designees on Contracts 2 The Board authorizes the use of signatures of the Superintendent and his/her 3 designees on behalf of the Board on all contracts, agreements, and documents where 4 a signature of the Chair is not required by law or regulation of the Department of 5 Education. All contracts, agreements, and documents must be based upon approvals 6 previously adopted and spread upon the minutes of the Board, unless exempted by 7 Board policy. Each contract shall demonstrate its procurement authority. 8 Purchasing cards (Pcards) 9 10 Pursuant to Board Policy 6424, purchasing cards may be used to make small dollar 11 purchases and acquire materials and supplies as needed for operations. 12 13 Purchasing cards shall not be used to circumvent the general purchasing procedures 14 established by State law and Board policy. Purchasing cards shall only be used for 15 expenses in connection with Board-approved or school-related activities, that benefit 16 the District and serve a valid and proper public purpose. Periodically, procurement 17 staff shall review the pcard expenditures to ensure compliance with Board policies 18 and the purchasing threshold requirements. 19 20 21 Purchasing Principles 22 Employees shall be guided by the following principles and standards adopted by the 23 National Institute of Governmental Purchasing (NIGP) Association of Purchasing 24 Management:: 25

A. Accountability: taking ownership and being responsible to 26 stakeholders for our actions, essential to preserve the public trsust 27 and protect the public interest. Consider, first, the interest of his/her 28 company (the Board) in all transactions and to carry out and believe 29 in its established policies. 30

B. Ethics: acting in a manner true to these values, essential to preserve 31

the public’s trust. Be receptive to competent counsel from his/her 32 colleagues and to be guided by such counsel without impairing the 33 dignity and responsibility of his/her office. 34

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 43 of 45

C. Impartiality: unbiased decision-making and action, essential to 1 ensure fairness for the public good. Buy without prejudice, seeking to 2 obtain the maximum ultimate value for each dollar of expenditure. 3

D. Professionalism: upholding high standards of job performance and 4

ethical behavior, essential to balance diverse public interests. Strive 5 consistently for knowledge of the materials and processes of 6 manufacture, and to establish practical methods for the conduct of 7 his/her office. 8

E. Service: obligation to assist stakeholders, essential to support the 9

public good. Subscribe to and work for honesty and truth in buying 10 and selling, and to denounce all forms and manifestations of 11 commercial bribery. 12

13 F. Transparency: easily accessible and understandable policies and 14

processes, essential to demonstrate responsible use of public funds. 15

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 44 of 45

F. Accord a prompt and courteous reception, so far as conditions will 1 permit, to all who call on a legitimate business mission. 2

3 G. Respect his/her obligations and to require that obligations to him/her 4

and to his/her concern be respected, consistent with good business 5 practice. 6

7 H. Avoid sharp practice. 8 9 I. Counsel and assist fellow purchasing agents in the performance of 10

their duties, whenever occasion permits. 11 12 J. Cooperate with all organizations and individuals engaged in activities 13

designed to enhance the development and standing of purchasing. 14 Ethics training on ethical standards that are no lower than those prescribed by the 15 State shall be provided to all employees involved in procurement activities for the 16 Board. 17

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policy THE SCHOOL BOARD OF FINANCES MIAMI-DADE COUNTY 6320/page 45 of 45 Complaints alleging discrimination against any commercial enterprise doing business 1 with the Board must be filed and will be investigated and addressed in accordance 2 with Board Policy 6465. 3 F.S. 119.07 4 F.S. 120.569 5 F.S. 120.57 6 F.S. 120.57(3) 7 F.S. 255.0516 8 F.S. 255.065 9 F.S. 255.099 10 F.S. 255.0991 11 F.S. 255.25(3)(c) 12 F.S. 282.041(15) 13 F.S. 286.0113(2)(b)(1) 14 F.S. 287.017 15 F.S. 287.042(2)(c) 16 F.S. 287.056 17 F.S. 1001.41(1)(2) 18 F.S. 1001.42(12)(j) 19 F.S. 1001.42(26) 20 F.S. 1001.43(10) 21 F.S. 1006.27 22 F.S. 1010.04(2) 23 F.S. 1010.04(4)(a) 24 F.A.C. 6A-1.012 25 F.A.C. 6A-1.091 26 F.A.C. 6A-7.0411(2)(i) 27 F.A.C. 28-110.005(2) 28 Revised 8/7/13 29 Revised 11/19/14 30 Revised 3/9/16 31 Revised 1/25/17 32 Revised 4/25/18 33 Revised 10/10/18 34 © NEOLA 2010 35