Broward County Commission Regular Meeting
Director's Name: George Tablack
Department: Finance and Administrative Services Division: Purchasing
Information
Requested Action
title
MOTION TO RESCIND award of open-end contract to low responsive, responsible bidder, Johnson Controls, Inc., for Closed Circuit Television System Install, Repair, Support and Maintenance, Solicitation No. TRN2118574B2, for the Broward County Transportation Department, in the annual estimated amount of $279,067, for a three-year potential estimated amount of $837,201.
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Why Action is Necessary
Pursuant to Section 21.122 of the Broward County Procurement Code, termination of any contract or rescission of award must be made by the awarding authority; and, in all cases where the Board takes this action, it must be based upon the Director of Purchasing’s recommendation.
What Action Accomplishes
If approved, this item will rescind the approval of the open-end contract with Johnson Controls, Inc. and render the contract void.
Is this Action Goal Related
No
Previous Action Taken
None.
Summary Explanation/Background
THE PURCHASING DIVISION AND THE TRANSPORTATION DEPARTMENT RECOMMEND APPROVAL OF THE ABOVE MOTION.
On August 9, 2019, Broward County advertised Solicitation No. TRN2118574B2, Closed Circuit Television System Install, Repair, Support and Maintenance (Solicitation). On August 29, 2019, an individual by the name of Theodore Belloise submitted a bid on behalf of Johnson Controls, Inc. (JCI).
On January 28, 2020 (Item No. 25), the Board approved the award of open-end contract to low responsive, responsible bidder, JCI, for the Solicitation for the Broward County Transit Division, in the annual estimated amount of $279,067 for a three-year potential estimated amount of $837,201.
It was subsequently discovered that Mr. Theodore Belloise did not have actual or apparent legal authority to bind JCI to the Solicitation. Mr. Belloise is a Senior Sales Representative for Johnson Controls Security Solutions, Inc. (JCSS). JCSS and JCI have different federal tax identification numbers, thus, causing them to be classified as two different corporate entities. Mr. Belloise erroneously submitted a bid on behalf of JCI for the Solicitation without actual or apparent legal authority to bind JCI. JCSS began to perform services for the Transportation Department in connection with this Solicitation. When the invoices started to be submitted to the County, it was discovered that the invoices were from a different corporate entity, JCSS, than what was submitted through the bidding process and subsequently approved by the Board. The total amount of work ordered and performed by JCSS is $13,040; this amount includes all outstanding invoices (Exhibit 1).
JCSS will be paid for the services rendered and no federal funds will be used. The services rendered represent only a small portion of the overall services necessary for the Solicitation. However, since the bidder, who submitted on behalf of JCI, had no apparent or actual legal authority to bind JCI the resultant open-end contract with JCI is void. The Solicitation will be readvertised.
Source of Additional Information
Brenda J. Billingsley, Director, Purchasing Division, (954) 357-6070
Fiscal Impact
Fiscal Impact/Cost Summary
The source of funding for this contract is from the Transportation Department in the estimated amount of $13,040; this amount includes all outstanding invoices.