Broward County Commission Regular Meeting
Director's Name: George Tablack
Department: Finance and Administrative Services Division: Purchasing
Information
Requested Action
title
A. MOTION TO APPROVE Agreement between Broward County and WSP USA, Inc., for Request for Proposals (RFP) No. PNC2119955P1, General Planning Consultant Services, for the Transportation Department, in the maximum annual amount of $1,000,000, for an initial three-year contract term not-to-exceed $3,000,000, and authorize the Director of Purchasing to renew the agreement for two one-year terms for a total five-year contract term not-to-exceed $5,000,000 and authorize the Mayor and Clerk to execute same. The initial term of this agreement will be effective upon date of execution and will terminate three years from that date.
ACTION: (T-10:54 AM) Approved.
VOTE: 9-0.
B. MOTION TO APPROVE Agreement between Broward County and CTS Engineering, Inc., for Request for Proposals (RFP) No. PNC2119955P1, General Planning Consultant Services, for the Transportation Department, in the maximum annual amount of $1,000,000, for an initial three-year contract term not-to-exceed $3,000,000, and authorize the Director of Purchasing to renew the agreement for two one-year terms for a total five-year contract term not-to-exceed $5,000,000 and authorize the Mayor and Clerk to execute same. The initial term of this agreement will be effective upon date of execution and will terminate three years from that date.
ACTION: (T-10:54 AM) Approved.
VOTE: 9-0.
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Why Action is Necessary
Motions A and B: In accordance with the Broward County Procurement Code, Section 21.31.a.4, Award Authority, Board approval is required for awards exceeding $500,000.
Effective May 1, 2021:
Motions A and B: In accordance with the Broward County Procurement Code, Section 21.47.a, Award and Execution Authority, Board shall make all awards, and authorize the execution of the associated contracts, with a value of more than $500,000, inclusive of the value of any renewals or extensions provided for in the contract.
What Action Accomplishes
Motions A and B: Provide general planning consulting services to support the Transportation Department’s planning needs on an as-needed basis.
Is this Action Goal Related
Yes
Previous Action Taken
None.
Summary Explanation/Background
THE PURCHASING DIVISION AND THE TRANSPORTATION DEPARTMENT RECOMMEND APPROVAL OF THE ABOVE MOTIONS.
This item supports the Board’s Value of “Cooperatively delivering an efficient and accessible regional intermodal transportation network.”
The Office of Economic and Small Business Development (OESBD) established a County Business Enterprise (CBE) participation goal of 25% for these agreements. WSP USA, Inc. has committed to 25% CBE participation and CTS Engineering, Inc. has committed to 30% CBE participation, which have been reviewed and approved by the OESBD (Exhibit 3).
The purpose of the agreements is to provide general planning consulting services to support the Transportation Department’s planning needs on an as-needed basis. The scope of services includes capital project and development; environmental planning; economic development planning; organizational assessment, research, analysis and planning; information technology planning and/or integration; public involvement and outreach; and grants compliance, monitoring and development. Detailed scopes of work will be developed for individual projects under the agreements (Exhibits 1 and 2).
On January 7, 2020 (Item No. 39), the Board approved Request for Proposals (RFP) No. PNC2119955P1 for General Planning Consultant Services for the Transportation Department. Nine firms submitted proposals to the RFP.
On May 7, 2020, an Initial Evaluation Committee meeting was held. The Evaluation Committee determined that all nine firms were both responsive and responsible to the RFP requirements and voted in favor of them advancing to be numerically scored and ranked by the Evaluation Committee.
In accordance with the advertised RFP, the Transportation Department sought two firms to provide general planning consulting services to support the Transportation Department.
On June 3 and 4, 2020, the Final Evaluation Committee (EC) meeting was held. After presentations, evaluation, applications of local preference and tie breakers, and ranking, the EC recommended first- and second-ranked firms for award. After local preference application and tie breaker, the EC selected named WSP USA, Inc. (WSP) as the first-ranked firm and CTS Engineering, Inc. (CTS) as the second-ranked firm.
On June 12, 2020, the Director of Purchasing received a prematurely filed objection letter from Shutts & Bowen LLP (Shutts) on behalf of CDM Smith Inc., the fourth-ranked firm. The objection letter alleged discrepancies in local preference eligibility for first-ranked firm, WSP, and location points awarded to the second-ranked firm, CTS.
On July 14, 2020, the Director of Purchasing received correspondence from Moskowitz, Mandell, Salim & Simowitz, P.A. on behalf of CTS. The letter challenged the assertions made in the Shutts objection letter as to CTS’s eligibility as a locally headquartered business in Broward County, as well as its principal business location as defined by Florida’s Department of State Division of Corporations (i.e., Sunbiz).
On September 4, 2020, the Director of Purchasing issued a response to the Shutts objection letter. The Director of Purchasing found that Shutts’s assertions regarding local evaluation factor/local preference did not represent new or significant information and that scoring on these issues was conducted appropriately and within the established guidelines, practices, and procedures set forth in the Broward County Procurement Code and existing written guidelines. However, the Director of Purchasing found that Shutts’s assertion regarding CTS’s entitlement to evaluation points for location (pursuant to Sunbiz) was based on significant new information that should be taken into consideration by the EC. However, in light of the new information pertaining to the Board’s past discussion and recent codification of new local preference criteria (enacted on June 2, 2020) eliminating Sunbiz as a dispositive factor in local preference, the Evaluation Committee meeting was not reconvened, and staff subsequently requested direction from the Board for final determination in the matter.
On December 1, 2020 (Item No. 80), the Board approved and directed staff to apply the most recently approved Local Preference Ordinance criteria, for the assignment of location points, for RFPs that opened between December 4, 2019 through June 2, 2020 and that are currently in the evaluation process. RFP No. PNC2119955P1 General Planning Consultant Services for the Transportation Department, opened within this timeframe on February 12, 2020.
On December 8, 2020, based on the Board’s direction, the Director of Purchasing issued a partial rescission to the original September 4, 2020 objection response letter stating the prior Sunbiz test, which was in place when the solicitation was advertised, to determine location points for CTS will not be used. As such, the original assignment of evaluation criteria location points for CTS was upheld based on the most recently codified Local Preference Ordinance criteria.
The Evaluation Committee’s proposed recommendation of ranking was posted on the Purchasing Division website on December 9, 10 and 17, 2020, which provided an opportunity for any proposer or interested party to present any new or additional information regarding the responsibility of the proposers. No formal objection was received during this time.
The Evaluation Committee’s final recommendation of ranking was posted on the Purchasing Division website from December 18 - 24, 2020, which provided an opportunity for any aggrieved proposer to file a formal protest. No protest was received during this time.
The negotiation meetings with WSP were held on January 26, February 9 and 22, 2021. The negotiation meetings with CTS were held on January 26, February 4 and 18, 2021. The meetings were attended by representatives from each firm, the County Attorney’s Office, the Purchasing Division, and the Transportation Department.
Additional supporting documentation provided to the EC regarding this procurement can be found on Broward County’s Purchasing Division website at
<https://www.broward.org/Purchasing/Pages/Repository.aspx>.
Source of Additional Information
Brenda J. Billingsley, Director, Purchasing Division, (954) 357-6070
Fiscal Impact
Fiscal Impact/Cost Summary
The estimated amount for each agreement is $1,000,000 per year, for a total potential not-to-exceed amount of $5,000,000 for each agreement, for five years. Each individual work authorization will be funded by the appropriate source at the time of release, including Transportation Surtax funds.
Requisition No. MTD0004790