Broward County Commission Regular Meeting
Director's Name: Alexandra P. Davis
Department: County Commission
Information
Requested Action
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MOTION TO DIRECT County Attorney’s Office to draft an Ordinance amending Chapter 1, Section 1-81, et seq., of the Broward County Code of Ordinances relating to solicitations involving County Business Enterprise (“CBE”) Reserves, to provide that the monetary differential does not apply to individual solicitations or resulting awards issued under a Qualified Vendor List established as a CBE Reserve when three or more CBEs submit responsive and responsible responses to the solicitation. (Commissioner Davis)
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Why Action is Necessary
Direction by the Board of County Commissioners (“Commission”) is required for the County Attorney’s Office to draft an Ordinance amending the Broward County Code of Ordinances (“Code”).
What Action Accomplishes
Provides the required direction to the County Attorney’s Office.
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Previous Action Taken
Summary Explanation/Background
The County’s Business Opportunity Act identifies the following program objectives: (1) ensure that small Broward County-based businesses are provided sufficient opportunities to meaningfully participate in the award of County contracts, when permitted by applicable law; and (2) ensure that only the entities that meet the eligibility criteria stated therein are permitted to participate in the programs established by the Act. The Business Opportunity Act advances these objectives in part through the CBE Reserve program.
The CBE Reserve program is intended to increase opportunities for certified County Business Enterprises (“CBEs”) to serve as prime contractors on County contracts. Under the current CBE Reserve requirements, monetary and points differentials determine whether a CBE may be awarded a contract over a competing non-CBE. The proposed amendment would provide that, when three or more CBEs submit responsive and responsible bids in response to an individual solicitation issued under a Qualified Vendor List (“QVL”) established as a CBE Reserve, the monetary differential would not apply to the individual solicitation or resulting award.
The impact of the monetary differential can be particularly significant in the QVL context because a QVL is used for multiple individual solicitations and awards throughout its term. As a result, CBEs participating in a CBE Reserve QVL may repeatedly compete against non-CBEs and be subject to the monetary differential for each solicitation issued under the QVL. Even when a CBE is the lowest-priced responsive and responsible CBE, it may not receive the award if its price does not fall within the applicable monetary differential of the lowest-priced non-CBE. Eliminating the application of the monetary differential when three or more CBEs submit responsive and responsible bids for an individual solicitation under a CBE Reserve QVL would allow those CBEs to compete directly against one another for the award, with the award made to the lowest-priced responsive and responsible CBE without regard to the price submitted by a non-CBE. This approach would further the purpose of the CBE Reserve program by increasing opportunities for certified small businesses to receive County contracts as prime contractors while ensuring sufficient competition among CBEs.
This item directs the County Attorney’s Office to draft an amendment to the Business Opportunity Act, Section 1-81, et seq., of the Code, to provide that the monetary differential does not apply to an individual solicitation issued under a QVL established as a CBE Reserve, or to the resulting award, when three or more CBEs submit responsive and responsible bids in response to the individual solicitation.
Source of Additional Information
Yashoda Lochan, Chief of Staff, 954-357-7007
Fiscal Impact
Fiscal Impact/Cost Summary
To be determined by the Office of Management and Budget upon presentation of a draft Ordinance.