Broward County Commission Regular Meeting
Director's Name: George Tablack
Department: Finance and Administrative Services Division: Purchasing
Information
Requested Action
title
MOTION TO APPROVE final ranking of the qualified firms for Request for Proposals (RFP) No. GEN2126632P1, Risk Assessment of Contaminated Sites, for the Resilient Environment Department. The ranked firms are: 1 - NV5, Inc. dba NV5 AQC; 2 - EA Engineering, Science, and Technology, Inc. PBC.
body
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 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 the qualified firms.
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None
Summary Explanation/Background
THE PURCHASING DIVISION AND THE RESILIENT ENVIRONMENT DEPARTMENT RECOMMEND APPROVAL OF THE ABOVE MOTION.
This item supports the Board’s Resilient Environment Goal, “Ensuring accessible, seamlessly integrated investments in renewable energy, sustainable practices, manufacturing, resilient infrastructure, and environmental protection.”
The purpose of this procurement is to engage a qualified firm to provide risk assessment services to identify and evaluate climate change effects on contaminated sites within Broward County.
On September 1, 2023, Request for Proposals (RFP) No. GEN2126632P1, Risk Assessment of Contaminated Sites was advertised. At the time of the October 4, 2023 submittal deadline, two firms submitted proposals: EA Engineering, Science, and Technology, Inc. PBC (EA); and NV5, Inc. dba NV5 AQC (NV5).
On December 4, 2023, an Initial Evaluation Committee (EC) meeting was held. The EC evaluated the submittals and determined that both firms were responsive and responsible to the RFP requirements and would proceed to final evaluation.
On December 11, 2023, a Final EC meeting was held. After presentations, evaluation, scoring, and ranking, the EC named EA as the first-ranked firm and NV5 as the second-ranked firm.
After the Final EC meeting, staff reassessed the applicability of local preference, in accordance with Section 1-75(b)(3) of the Broward County Code of Ordinances. NV5, a Local and Locally Based Business, had a total score of 224. EA, a Non-Local Business, had a total score of 235.58. As NV’s total score is within 5% of EA’s total score, local preference applies and NV “leapfrogs” EA’s ranking.
On December 22, 2023, a Reconvened EC meeting was held to re-rank the firms based on the application of Local Preference Ordinance. The EC reviewed the information presented and re-ranked the firms as follows: NV5 as the first-ranked firm, and EA as the second-ranked firm. (Exhibit 1).
The EC’s proposed recommendation of ranking was posted on the Purchasing Division website from December 29, 2023 - January 4, 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 January 3, 2024, the Director of Purchasing received an objection to the proposed recommendation of ranking from EA. The objection contained two assertions: 1) the County should have revised or excluded the pricing factor based on answers to the Project Manager’s questions regarding pricing during the EC meeting; and 2) if federal funds are used for this project, either now or in the future, the County must not apply local preference (Exhibit 2).
On February 16, 2024, the Director of Purchasing issued a response to EA’s objection assertions stating that, after review of the procurement records and proceedings of the EC, and in consultation with the Office of the County Attorney, the issues raised in the objection were not of sufficient merit to recall or otherwise alter the recommendation of the EC. The evaluation of firms was conducted appropriately and within established requirements, guidelines, practices, and procedures set forth in the Broward County Procurement Code, County Ordinances, and existing written guidelines of the Purchasing Division. As such, the objection was denied (Exhibit 3).
The EC’s final recommendation of ranking was posted on the Purchasing Division website from February 22 - 28, 2024, which provided an opportunity for any aggrieved proposer to file a formal protest. No formal protest was received.
Upon approval of rankings, the County will negotiate with the top-ranked firm. If negotiations are not able to be concluded based on budget restrictions (both proposals were higher than agency’s estimate), an impasse may be declared in accordance with the Broward County Procurement Code. The County may then negotiate with the second-ranked firm (within the same budget restrictions).
Additional supporting documentation provided to the EC for this procurement can be found on the Purchasing Division website at <https://www.broward.org/Purchasing/Pages/Repository.aspx>.
Source of Additional Information
Rober E. Gleason, Director, Purchasing Division, (954) 357-6070
Fiscal Impact
Fiscal Impact/Cost Summary
There is no fiscal impact for this action.
Requisition No. ENV0000843