Procurement Policy - Chapter 05: Procurement of Infrastructure Facilities and Services

§5-201 Project Delivery Methods Authorized

(1) The following project delivery methods are authorized for procurements relating to infrastructure facilities and services in this County:

• (a) Design-Bid-Build (including Construction Management At-Risk)
• (b) Operations and Maintenance
• (c) Design-Build
• (d) Design-Build-Finance
• (e) Design-Build-Finance-Maintain
• (f) Design-Build-Finance-Operate-Maintain
• (g) Job-Order Contracting

(2) Eligible Firms Following Report or Study
Participation in a report or study that is subsequently used in the preparation of design requirements for a project shall not disqualify a firm from participating as a member of a proposing team in a design-build, design-build-operate-maintain, or design-build-finance-operate-maintain procurement unless such participation would provide the firm with a substantial competitive advantage. Furthermore, a design criteria professional, who has been selected and prepares a design criteria package for a particular design-build project, shall not be eligible to compete or render services under a design-build contract for that same project.

§5-202 Source Selection Methods Assigned to Project Delivery Methods

(1) Scope
This Section specifies the source selection methods applicable to procurements for the project delivery methods identified in §5-201 (Project Delivery Methods Authorized), except as provided in §3-204 (Small Purchases), §3-205 (Sole Source Procurements), §3-206 (Emergency Procurements), §3-207 (Special Procurements), and §3-208 (Other Noncompetitive Procurements).

(2) Design-Bid-Build

• (a) Design. Architectural and Engineering Services.
  The qualifications-based selection process set forth in §5-205 (Design: Architectural and Engineering Services) shall be used to procure architectural and engineering services in design-bid-build procurements.
• (b) Construction
  Competitive sealed bidding, as set forth in §3-202 (Competitive Sealed Bidding), shall be used to procure construction in design-bid-build procurements.
• (c) Construction Management At-Risk Procurement
  Contracts for Construction Management At-Risk (CM At-Risk) shall be procured as set forth in §3-203 (Competitive Sealed Proposals) or §3-201(8) (Multi-Step Sealed Bidding). The CM At-Risk method generally involves awarding two separate contracts to two (2) separate firms—one (1) for design and one (1) for construction of a project. Contracts for design shall be procured as set forth in §5-205 (Architectural, Engineering, and Other Professional Services).

(3) Operations and Maintenance
Contracts for operations and maintenance shall be procured as set forth in §3-201 (Methods of Source Selection).

(4) Design-Build
Contracts for design-build (including design-build shall include design-build-finance, design-build-finance-maintain, design-build-finance-operate-maintain, and related variations) shall be procured by Competitive Sealed Proposals, as set forth in Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 2, entitled Design-Build Contracts.

(5) Job-Order Contracting
Contracts for Job-Order Contracting shall be procured by Competitive Sealed Bidding (§3-202) or, if determined by the Director of Procurement that Competitive Sealed Bidding is either not practicable or not advantageous to the County, Competitive Sealed Proposals (§3-203).

§5-203 Choice of Project Delivery Methods

The Director of Procurement, after consulting with Using Agency, shall have the discretion and final authority to select the project delivery method that is deemed to be in the County’s best interest for each project.

§5-205 Architectural, Engineering, and Other Professional Services

Architectural, engineering, landscape architectural, surveying and mapping, as defined in §287.055, Fla. Stat. (Consultants’ Competitive Negotiation Act) shall be procured in accordance with the Consultants’ Competitive Negotiation Act (CCNA). The Director of Procurement shall promulgate procedures to ensure compliance with CCNA and secure the required professional services from the most qualified firms at fair, competitive, and reasonable rates of compensation.

§5-301 Bid Bonds

(1) Requirement for Bid Security
Bid security shall be required for competitive sealed bidding for construction contracts in a design-bid-build procurement in accordance with Florida Law. Bid security shall be a bond provided by a surety company authorized to do business in Florida, or the equivalent in cash, or otherwise supplied in a form satisfactory to the County and in accordance with Florida Law. Nothing herein prevents the requirement of such bonds on such contracts under the amount set by Florida Law when the circumstances warrant.

(2) Amount of Security
Unless higher amounts are required by Florida Law, bid security for construction contracts in a design-bid-build procurement shall be in an amount equal to at least five percent (5%) of the amount of the bid or a fixed amount if the Director of Procurement deems a fixed amount to be more appropriate and, in the County’s, best interest.

(3) Rejection of Bids for Noncompliance with Bid Security Requirements
When the Invitation for Bids requires security, noncompliance requires that the bid be rejected unless, pursuant to the procedures, it is determined that the bid fails to comply in a non-substantial or non-material manner with the security requirements.

(4) Withdrawal of Bids
After bids are opened, they shall be irrevocable for the period specified in the Invitation for Bids, except as provided for bids in §3-202(6) (Correction or Withdrawal of Bids; Cancellation of Awards). If a bidder is permitted to withdraw its bid (or proposal) before award, or is excluded from the competition before award, no action shall be taken against the bidder or the bid security.

§5-302 Contract Performance and Payment Bonds

(1) When Required – Amounts
When a construction (Design-Bid-Build), Design-Build, Design-Build-Operate-Maintain, or Design-Build-Finance-Operate-Maintain contract is awarded in excess of the amount established by Florida Law for such contracts, or federal requirements when a procurement involves the expenditure of federal assistance or contract funds, the following bonds or security shall be delivered to the County and shall become binding on the parties upon the execution of the contract:

• (a) A performance bond satisfactory to the County, executed by a surety company authorized to do business in this State or otherwise secured in a manner satisfactory to the County, in an amount equal to 100% of the portion of the contract price that does not include the cost of operation, maintenance, and finance; and
• (b) A payment bond satisfactory to the County, executed by a surety company authorized to do business in this State or otherwise secured in a manner satisfactory to the County, for the protection of all persons supplying labor and material to the contractor or its subcontractors for the performance of the construction work provided for in the contract. The bond shall be in an amount equal to 100% of the portion of the contract price that does not include the cost of operation, maintenance, and finance.

(2) Authority to Require Additional Bonds
Unless otherwise prohibited by law, nothing in this Section shall be construed to limit the authority of the Director of Procurement to require a performance bond or other security in addition to or in lieu of such bonds, or in circumstances other than those specified in Subsection (1) of this Section.

§5-303 Bond Forms and Copies

(1) Bond Forms
The Director of Procurement shall promulgate by procedure the form of the bonds required by this Section. The form of the bonds shall be in accordance with Florida Law.

(2) Certified Copies of Bonds
Any person may request and obtain from the Hillsborough County Clerk of the Circuit Court a certified copy of recorded bonds upon payment of the cost of reproduction of the bond and postage, if any. A certified copy of a bond shall be prima facie evidence of the contents, execution, and delivery of the original.

§5-304 Errors and Omissions Insurance

Procedures shall be promulgated that specify when the Director of Procurement shall require offerors to provide appropriate errors and omissions insurance to cover architectural and engineering services under the Project Delivery Methods set forth in §5-201(1)(a), (c), (d), and (e).

§5-305 Other Forms of Security

Procedures may be promulgated that authorize the Director of Procurement to require the inclusion of one or more of the following forms of security to assure the timely, faithful, and uninterrupted provision of operations and maintenance services procured separately, or as one element of design-build-operate-maintain or design-build-finance-operate-maintain services:

(1) Operations Period surety bonds that secure the performance of the contractor’s operations and maintenance obligations under the Project Delivery Methods set forth in §5-201(1)(b), (d), and (e).

(2) Letters of credit or cash in an amount appropriate to cover the cost to the County of preventing infrastructure service interruptions for a period up to twelve (12) months under the Project Delivery Methods set forth in §5-201(1)(b), (d) and (e).

(3) Appropriate written guarantees from the contractor (or depending upon the circumstances, from parent corporations) to secure the recovery of re-procurement costs to the County in the event of a default in performance by the contractor.