Procurement Policy - Chapter 3: §3-102 to §3-107

§3-102 General Provisions

(1) Extension of Time for Bid or Proposal Acceptance
After opening bids or proposals, the Director of Procurement may request bidders or offerors to extend the time during which the County may accept their bids or proposals, provided that, with regard to bids, no other change is permitted. The reasons for requesting such extension shall be documented.

(2) Extension of Time on Indefinite Quantity Contracts
The time of performance of an indefinite quantity contract may be extended upon agreement of the parties, provided the extension is for ninety (90) calendar days or less and the Director of Procurement determines in writing that it is not practical to award another contract at the time of such extension.

(3) Multiple or Alternate Bids or Proposals
Unless multiple or alternate bids or proposals are specifically provided for, the solicitation shall state that such bids or proposals shall not be accepted. When prohibited, multiple or alternate bids or proposals shall be rejected, provided that if a bidder clearly indicates a base bid, it shall be considered for award as though it were the only bid or proposal submitted by the bidder or offeror. The provisions of this Section shall be set forth in the solicitation, and if multiple or alternate bids or proposals are allowed, it shall specify their treatment.

(4) Bid and Performance Bonds for Supply Contracts or Service Contracts
Bid and performance bonds or other security may be required for supply contracts or service contracts as the Director of Procurement deems advisable to protect the interest of the County. Any such requirements must be set forth in the solicitation. Bid or performance bonds shall not be used as a substitute for a determination of bidder or offeror responsibility. §5-301 (Bid Security) and §5-302 (Contract Performance and Payment Bonds) set forth bonding requirements applicable to construction contracts and may be considered when establishing any such requirements for supply contracts or service contracts.

(5) Conditioning Bids or Proposals Upon Other Awards Not Acceptable
Any bid or proposal which is conditioned upon receiving award of both the particular contract being solicited and another separately solicited County contract shall be deemed nonresponsive and not acceptable.

(6) Only One Bid or Proposal Received

• (a) One Bid Received. If only one responsive bid is received in response to an Invitation for Bids (including multi-step bidding), an award may be made to the single bidder in accordance with the procedures set forth in §3-202 (Competitive Sealed Bidding) if the Director of Procurement finds that the price submitted is fair and reasonable, and that either other prospective bidders had reasonable opportunity to respond, or there is not adequate time for re-solicitation. Otherwise, the bid may be rejected pursuant to the provisions of §3-301 (Cancellation or Rejection of Bids or Proposals) and:
• (i) new bids or offers may be solicited;
• (ii) the proposed procurement may be cancelled; or
• (iii) if the Director of Procurement determines, in writing, that the need for the supply or service continues, but that the price of the sole bid is not fair and reasonable and there is no time for re-solicitation due to a critical or essential need, or re-solicitation would likely be futile, the procurement may then be negotiated and conducted under §3-205 (Sole Source Procurements) or §3-206 (Emergency Procurements), and awarded in accordance with §13-101 (Award Authority). All negotiations shall be conducted in a manner that favors the public interest, secures the lowest possible pricing, and preserves the integrity of the procurement process.
• (b) One Proposal Received. If only one proposal is received in response to a Request for Proposals, an award may be made in accordance with the procedures set forth in Section 3-203 (Competitive Sealed Proposals) if the Director of Procurement finds that the price submitted is fair and reasonable, and that either other prospective offerors had reasonable opportunity to respond, or there is not adequate time for re-solicitation. Otherwise, the proposal may be rejected pursuant to the provisions of §3-301 (Cancellation or Rejection of Bids or Proposals) and:
• (i) new bids or offers may be solicited;
• (ii) the proposed procurement may be cancelled; or
• (iii) if the Director of Procurement determines, in writing, that the need for the supply or service continues, but that the price of the sole bid is not fair and reasonable and there is no time for re-solicitation due to a critical or essential need, or re-solicitation would likely be futile, the procurement may then be negotiated and conducted under §3-205 (Sole Source Procurements) or §3-206 (Emergency Procurements), and awarded in accordance with §13-101 (Award Authority). All negotiations shall be conducted in a manner that favors the public interest, secures the lowest possible pricing, and preserves the integrity of the procurement process.

(7) No Bid or Proposal Received
If no bid or proposal is received in response to a solicitation, and the Director of Procurement determines, in writing, that the need for the supply or service continues and there is no time for re-solicitation due to a critical or essential need, or re-solicitation would likely be futile, the Director of Procurement is authorized to identify a source of supply, without solicitation, and negotiate the procurement under §3-205 (Sole Source Procurements) or §3-206 (Emergency Procurements), as deemed appropriate. All negotiations shall be conducted in a manner that favors the public interest, secures the lowest possible pricing, and preserves the integrity of the procurement process.

§3-103

Reserved.

§3-104 Unsolicited Proposals

(1) Public-Private Partnerships

• (a) General. The County may receive unsolicited proposals or solicit proposals for qualifying projects as provided and defined in §255.065, Fla. Stat., and may thereafter enter into interim and/or comprehensive agreements with a private entity, or a consortium of private entities, for the building, upgrading, operating, ownership, or financing of facilities. The Director of Procurement shall promulgate procedures for receiving unsolicited proposals, soliciting proposals, evaluating, and entering comprehensive agreements for such qualifying projects. Such procedures shall comply with this section (§3-104) and §255.065, Fla. Stat.
• (b) Fees. Pursuant to §255.065, Fla. Stat., the County may require and request, in writing, the payment of fees to cover the actual costs incurred to process, review, and evaluate the unsolicited proposal including, but not limited to, the cost of attorneys, engineers, consultants, financial advisors, and/or other professionals. The fees requested of the proposer shall not be greater than the actual costs associated with evaluating the unsolicited proposal. The proposer must pay the requested fees within thirty (30) calendar days after receipt of the request. The County shall reserve the right to stop its review of the unsolicited proposal and reject the same in its entirety without further consideration if the proposer fails to pay the fees within the prescribed timeframe.

(2) Other Unsolicited Proposals
The County may also receive unsolicited proposals for supplies, services, or arrangements other than qualifying projects as defined in §255.065 (Public-Private Partnerships), and the Director of Procurement shall promulgate procedures for receiving, evaluating, and entering agreements for the same.

(3) Delivery of Unsolicited Proposals
Without exception, all unsolicited proposals shall be submitted and delivered to the Director of Procurement.

(4) Applicability of Protest Policy and Cone of Silence to Unsolicited Proposals
The Cone of Silence shall not apply to unsolicited proposals received by the County. In keeping with Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3, entitled Hillsborough County Procurement Protest Policy and Procedures (Protest Policy), a Cone of Silence shall go into effect only if (when) an actual solicitation is issued by the County. All protests and/or grievances associated with solicitations resulting from an unsolicited proposal shall be governed by the Protest Policy.

§3-105 Novation, Change of Name, Change of Business Status, or Assignment

(1) Novation
The County Administrator is authorized to approve and execute novation agreements with annual expenditures of $1,000,000.00 or less under the following conditions:

• (a) The novation does not change the price, services, or other terms from the original agreement, except the change in the legal entity responsible for providing the services under the original agreement;
• (b) The new contracting entity provides documentation to substantiate the purported transfer of assets from the original contracting entity, if applicable, and the County Administrator determines that the new contracting entity has in-fact acquired, merged with, or assumed the assets of the original contracting entity;
• (c) The County Administrator determines that the new contracting entity is authorized to do business in Florida and has not been debarred by Hillsborough County or the State of Florida;
• (d) The County Administrator determines that the new contracting entity is at least as responsible as the original contracting entity based on the same criteria used in awarding the original agreement;
• (e) The County Administrator confirms that the new contracting entity will provide performance guarantees that are equivalent to what the original contracting entity provided including, but not limited to, required insurance and/ or performance bonds; and
• (f) The novation agreement is in substantially the same form and content to the Standard Novation Agreement (attached hereto as “Attachment 2”).

(2) Change of Name
When a contractor requests a change of name, in which only the name of the contracting entity will change, the Director of Procurement is authorized to effect such a change of name, upon receipt of proper documentation indicating such change of name and approval from the County Attorney. No other terms and conditions of the contract shall be changed.

(3) Change of Business Status
Upon receipt of proper documentation and approval from the County Attorney, the Director of Procurement is authorized to effect a change in a contractor’s business status or corporate conversion in the event such a change in status or conversion takes place. No other terms and conditions of the contract shall be changed.

(4) Assignment
No County contract is transferable, or otherwise assignable, without approval from the County Attorney and the written consent of the Director of Procurement provided, however, that a contractor may assign monies receivable under a contract after due notice to the County. If a contract is transferred, or otherwise assigned, a novation agreement is required.

(5) Standard Novation Agreement
The Director of Procurement, upon consultation and approval by the County Attorney, shall develop and maintain a Standard Novation Agreement for use by all departments and agencies under the Board of County Commissioners. The Standard Novation Agreement (attached hereto as “Attachment 2”) shall be approved by the Board of County Commissioners and any modification of the same shall be approved by the Board of County Commissioners.

§3-107 Purchase of Items Separately from Construction Contract

The Director of Procurement, after consulting with the Using Agency, is authorized to determine whether a supply item or group of supply items shall be included as a part of, or procured separately from, any contract for construction.