Broward County Commission Regular Meeting
Director's Name: Stephen Farmer
Department: Finance and Administrative Services Division: Purchasing
Information
Requested Action
title
MOTION TO APPROVE final ranking of qualified firms for Request for Proposals (RFP) No. PNC2128678P1, Engineering Services for District 3A System Fire Flow Improvements, for Water and Wastewater Services. The ranked firms are: 1 - Chen Moore and Associates, Inc.; and 2 - Thompson & Associates, Inc., Civil Engineering.
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Why Action is Necessary
In accordance with Broward County Procurement Code Section 21.42(j), Procedures for RFPs, RLIs, and RFQs, if an objection or protest has been filed with respect to an Evaluation Committee’s ranking, the ranking must be submitted to the Board for final approval. The Board, by majority vote, may (1) accept the ranking as final; (2) reject all responses to the solicitation; or (3) direct the Evaluation Committee to reconvene to consider any new or additional information the Board directs the Evaluation Committee to consider. In addition, the Board may request presentations by the ranked vendors and may, by supermajority vote, re-rank those vendors in a final ranking.
What Action Accomplishes
Approves the Evaluation Committee’s recommendation of the final ranking of qualified firms.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None.
Summary Explanation/Background
THE PURCHASING DIVISION AND THE PUBLIC WORKS DEPARTMENT/WATER AND WASTEWATER SERVICES RECOMMEND APPROVAL OF THE ABOVE MOTION.
The Office of Economic and Small Business Development (OESBD) established a County Business Enterprise (CBE) goal of 25% for this contract. Chen Moore and Associates, Inc. and Thompson & Associates, Inc., Civil Engineering committed to 25% and 55% CBE participation, respectively, which have been reviewed and approved by OESBD (Exhibit 2).
This procurement is to engage a qualified firm to provide engineering services for District 3A System fire flow improvements, to enhance system integrity, improve water quality, improve fire flow capacity, and provide for redundancy. The firm will be responsible for providing design, permitting, and engineering services and bidding and award assistance for the construction of three designated water main segments.
On August 15, 2024, RFP No. PNC2128678P1 was advertised. At the time of the September 16, 2024 submittal deadline, two submittals were received: Chen Moore and Associates, Inc. and Thompson & Associates, Inc., Civil Engineering.
On November 5, 2024, the Combination Initial and Final Evaluation Committee was held. During the Evaluation Committee (EC) meeting, the EC passed a motion that determined Chen Moore and Associates, Inc. and Thompson & Associates, Inc., Civil Engineering were responsive and responsible to the RFP requirements and would proceed to final evaluation (Exhibit 1).
The EC’s proposed recommendation of ranking was posted on the Purchasing Division website from November 13 - 18, 2024, which provided an opportunity for any proposer or interested party to present any new or additional information regarding the responsibility of the proposers.
On November 18, 2024, the Director of Purchasing received a timely written objection to the ranking of Chen Moore and Associates, Inc. (CMA) from Shutts & Bowen LLP, representing Thompson & Associates, Inc., Civil Engineering. The objection letter contained the following two allegations: 1) CMA failed to notify the EC of amendments to CMA’s project approach, and 2) CMA presented the EC with false information (Exhibit 3).
On December 3, 2024, Becker & Poliakoff, intervenor representing Chen Moore and Associates, Inc., issued a letter in response to the objection (Exhibit 10).
On February 5, 2025, the Director of Purchasing issued a response to Shutts & Bowen LLP, and represented firm, Thompson & Associates, Inc., Civil Engineering stating all objection assertions were denied. The evaluation and scoring of firms were conducted appropriately and within the established guidelines, practices, and procedures set forth in the Broward County Procurement Code, Ordinances, and existing written guidelines. As such, the objection was denied (Exhibit 4).
The EC’s final recommendation of ranking was posted on the Purchasing Division website from February 5 - 12, 2025, which provided an opportunity for any aggrieved proposer to file a formal protest.
On February 12, 2025, Shutts & Bowen LLP, representing Thompson & Associates, Inc., Civil Engineering, filed a timely written protest to the final recommendation of ranking. The protest letter claimed: 1) the EC improperly considered false and misleading information, 2) CMA failed to notify the EC of amendments to CMA’s project approach, 3) the County’s evaluation process was skewed, and 4) CMA violated the Cone of Silence Ordinance (Exhibit 5).
On February 20, 2025, the Purchasing Division filed a Cone of Silence Violation complaint with Broward County Professional Standards Section, based on protest assertions.
On February 26, 2025, Becker & Poliakoff, intervenor representing Chen Moore and Associates, Inc., issued a letter in response to the protest (Exhibit 11).
On February 26, 2025, Shutts & Bowen LLP, representing Thompson & Associates, Inc., Civil Engineering, filed a Cone of Silence Violation complaint against CMA with Broward County Professional Standards Section (Exhibit 6).
On April 3, 2025, the Broward County Professional Standards Section issued a determination in response to the Cone of Silence Violation complaint filed by Shutts & Bowen LLP, on behalf of Thompson & Associates, Inc., Civil Engineering. The determination was CMA did not violate the Cone of Silence (Exhibit 7).
On April 8, 2025, the Director of Purchasing issued a response to Shutts & Bowen LLP, representing Thompson & Associates, Inc., Civil Engineering’s protest. All protest assertions were denied (Exhibit 8).
No appeals of the protest decision or the Cone of Silence determination were filed by the applicable deadlines.
On April 21, 2025, a Cone of Silence communication was received by Shutts & Bowen LLP, on behalf of Thompson & Associates, Inc., Civil Engineering (Exhibit 9).
On May 2, 2025, the Director of Purchasing issued a response to Shutts & Bowen LLP, representing Thompson & Associates, Inc., Civil Engineering’s Cone of Silence communication (Exhibit 12).
On May 2, 2025, Becker & Poliakoff, intervenor representing Chen Moore and Associates, Inc., issued a letter in response to the Cone of Silence communication dated April 21, 2025 (Exhibit 13).
Additional supporting documentation provided to the EC regarding this procurement can be found on the Purchasing Division website at <htpps://www.broward.org/Purchasing/Pages/Repository/aspx>.
Source of Additional Information
Robert E. Gleason, Director, Purchasing Division, 954 357-6070
Fiscal Impact
Fiscal Impact/Cost Summary
There is no fiscal impact.