Legislation Details

File #: 24-284   
In control: Public Works and Environmental Services - Water and Wastewater Operations Division
Agenda Date: 6/18/2024 Final action: 6/18/2024
Title: A. MOTION TO APPROVE sole source, sole brand, standardization of Ovivo USA, LLC to provide future Ovivo brand products and services for critical water treatment daily processes. ACTION: (T-10:40 AM) Approved. VOTE: 9-0. B. MOTION TO AWARD open-end contract to sole source vendor, Ovivo USA, LLC, for Ovivo Repair, Installation and Rehabilitation Services, Solicitation No. OPN2127828Q1, for the Broward County Water and Wastewater Operations Division, in the initial two-year estimated amount of $4,000,000, and authorize the Director of Purchasing to renew the contract for three one-year periods, for a five-year potential estimated amount of $10,000,000. ACTION: (T-10:40 AM) Approved. VOTE: 9-0.
Attachments: 1. Exhibit 1 - Sole Source Sole Brand Request dated February 5, 2024, 2. Exhibit 2 - Bid Tabulation, 3. Exhibit 3 - User Concurrence Memorandum signed May 20, 2024, 4. Exhibit 4 - CAO and Using Agency Review of Vendor Exceptions, 5. Exhibit 5 - Amendment to Solicitation No. OPN2127828Q1 signed May 16, 2024, 6. Exhibit 6 - Exceptions Approval Concurrence Memoranda signed May 16, 2024, 7. Exhibit 7 - Price Analysis
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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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 sole source, sole brand, standardization of Ovivo USA, LLC to provide future Ovivo brand products and services for critical water treatment daily processes.

 

ACTION: (T-10:40 AM) Approved.

 

VOTE: 9-0.

 

B. MOTION TO AWARD open-end contract to sole source vendor, Ovivo USA, LLC, for Ovivo Repair, Installation and Rehabilitation Services, Solicitation No. OPN2127828Q1, for the Broward County Water and Wastewater Operations Division, in the initial two-year estimated amount of $4,000,000, and authorize the Director of Purchasing to renew the contract for three one-year periods, for a five-year potential estimated amount of $10,000,000.

 

ACTION: (T-10:40 AM) Approved.

 

VOTE: 9-0.

 

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Why Action is Necessary

A. In accordance with Broward County Procurement Code Section 21.19(a), Standardization, standardization for purchases above the award authority of the Director of Purchasing shall require Board approval.

 

B. In accordance with Broward County Procurement Code Section 21.47(a), Award and Execution Authority, except as otherwise provided in this Code, the 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

A. Approves the sole source, sole brand, standardized designation of Ovivo brand products and services for future diagnostic services, annual preventive maintenance services, repair services, related parts, and components to facilitate critical, daily water treatment processing for Water and Wastewater Operations Division (WWOD).

 

B. Provides for an open-end contract to supply diagnostic services, annual preventive maintenance services, repair services, related parts, and components for existing County-owned Ovivo-brand process equipment and parts in general currently deployed at WWOD treatment facilities throughout the County.

 

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 OPERATIONS DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS

 

The Office of Economic and Small Business Development did not reserve this project for Small Business Enterprises under the Sheltered Market Program or assign County Business Enterprise participation goals to this solicitation based on the review of products and services requested.

 

The purpose of this contract is to provide Ovivo-brand water treatment process equipment and service for the mission-critical North Regional Wastewater Treatment Plant. Proper functionality of the Ovivo equipment, components and parts are critical for meeting optimum plant treatment capacity and for the processing of over 100 million gallons of wastewater daily. This equipment must be in working condition to ensure that the process is not interrupted due to equipment failure. The loss of critical equipment presents a credible risk of facility non-compliance, and systematic breakdown of environmentally safe wastewater disposal.

 

On October 25, 2023, and subsequently on March 5, 2024 (to meet Procurement Code time limits), the Purchasing Division issued a Request for Information (RFI) notice of intent to designate sole source, sole brand. The first RFI yielded no responses. The second RFI also yielded no responses (Exhibit 1).

 

WWOD has reviewed the bid submitted by Ovivo USA, LLC and concurs with the recommendation for award (Exhibit 3). Five vendor performance evaluations were completed for Ovivo; the firm has an overall performance rating of 4.57 out of possible rating for 5.0. Copies of the vendor performance evaluations are available upon request.

 

A private solicitation was advertised on March 15 - 22, 2024, to which Ovivo USA, LLC responded with exceptions to Broward County’s terms and conditions. Exceptions were reviewed by the County Attorney’s Office and WWOD (Exhibit 4), and the amendment was approved to form and legal sufficiency (Exhibit 5) and approved by WWOD (Exhibit 6).

 

The Purchasing Division reviewed the prices submitted by the recommended bidder, Ovivo USA, LLC (Exhibit 7), and concurs with the recommendation for award.

 

The Recommendation for Award (RFA) was not posted on the Purchasing Division website because the procurement is designated as Sole Source/Sole Brand/Standardized (Exhibit 1). This designation is not subject to objection, protest, or appeal under the Procurement Code.

 

Incumbent: Ovivo USA, LLC; Contract No. OPN2117459Q1, Repair, Installation and Rehabilitation Services - OVIVO; Contract Term: May 14, 2019, through May 13, 2020; Expenditures: $1,537,592.

 

Ovivo brand products and services was previously standardized by the Board on October 17, 2006 (Item No. 6; Ovivo was previously known as EIMCO Water Technologies, LLC), and reaffirmed for five years on November 7, 2017 (Item No. 30); however, this standardization was not subsequently reaffirmed. Consequently, due to the need for Ovivo brand products and services to facilitate ongoing diagnostic services, annual preventive maintenance services, repair services, related parts, and components for critical water treatment, WWOD is requesting sole source, sole brand standardization.

 

The amounts referenced in this agenda item have been rounded to the nearest whole dollar. Vendor payments will be based on the actual total bid amount. The bid tabulation (Exhibit 2) reflects the actual amount of the award.

 

Source of Additional Information

Robert E. Gleason, Director, Purchasing Division, 954-357-6070

 

Fiscal Impact

Fiscal Impact/Cost Summary

The open-end contract has an estimated amount of $10,000,000 over a potential five-year period. The funds estimated for the current fiscal year are included in the current fiscal year budget.

 

Requisition No. WWO0008039