Broward County Commission Regular Meeting
Director's Name: George Tablack
Department: Finance and Administrative Services Division: Purchasing
Information
Requested Action
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A. MOTION TO WAIVE requirements of Section 21.42(j) of the Broward County Procurement Code, based upon a determination that doing so would be in the best interest of the County, in order to permit the Board to rank the vendors by majority vote.
(Parts A and B were heard concurrently and voted on separately.)
ACTION: (T-2:26 PM) Approved. (Refer to minutes for full discussion.) (See Regular Meeting Additional Material, dated February 20, 2024, submitted at the request of Finance and Administrative Services Department.)
VOTE: 8-0. Mayor Rich voted in the affirmative telephonically. Commissioner Bogen was not present during the vote.
B. MOTION TO APPROVE final rankings for Request for Proposals (RFP) No. TRN2125764P1, Vertical Integrated Program Management Consulting Services for Capital Projects, for the Transportation Department, determined by the majority vote of the Board after vendor presentations.
(Parts A and B were heard concurrently and voted on separately.)
ACTION: (T-2:26 PM) Approved following majority vote determination by the Board. (Refer to minutes for full discussion.) (See Regular Meeting Additional Material, dated February 20, 2024, submitted at the request of Finance and Administrative Services Department.)
VOTE: 8-0. Mayor Rich voted in the affirmative telephonically. Commissioner Bogen was not present during the vote.
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Why Action is Necessary
A. In accordance with Broward County Procurement Code Section 21.6, Waiver of Code, the Board may waive any or all provisions of the Procurement Code for any procurement at any time where the Board determines doing so would be in the best interest of the County.
B. Permits the Board to hear presentations and rank by majority vote as referenced above.
What Action Accomplishes
A. Allows the Board to approve rankings by majority vote, instead of supermajority vote, after presentations by qualified firms.
B. Approves the Board’s ranking of the qualified firms as the final ranking for the RFP.
Goal Related Icon(s)
☒County Commission
☐Go Green
☒MAP Broward
Previous Action Taken
None.
Summary Explanation/Background
THE PURCHASING DIVISION AND THE TRANSPORTATION DEPARTMENT RECOMMEND APPROVAL OF ABOVE MOTIONS.
This item supports the Board’s Connected Community Goal, “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 30% for this project (Exhibit 2).
On March 14, 2023 (Item No. 59), the Board approved RFP No. TRN2125764P1, Vertical Integrated Program Management Consulting Services for Capital Projects. The purpose of this RFP is to seek a qualified consulting firm to provide continuing engineering and related professional services to develop Program Management Plan processes and provide program management support and oversight of the Broward County Transportation Department’s capital projects through a vertically integrated approach (including both County and consultant personnel with multiple disciplines and levels of experience). The objectives of engaging a consultant to provide program management support and oversight are to (a) develop standard Program Management Plan Processes, (b) obtain resources and expertise to implement the Program Management Plan, including supplementing and supporting BCT staff in the contract management during the various phases of capital projects, and (c) provide specific support services (pursuant to work authorizations). The consultant would provide capital projects program management support services and contract oversight including with regard to the planning, environmental analysis, preliminary engineering, final design, preconstruction, and construction phases.
The RFP was advertised on March 15, 2023 and, at the time of the RFP advertising deadline of April 27, 2023, there were two proposing firms: (1) Hill International, Inc.; and (2) Jacobs Project Management, Co.
A Combination Evaluation Committee (EC) meeting was held on June 20, 2023. The EC determined that both firms were responsive and responsible to the RFP requirements and would proceed to the final evaluation to be numerically scored and ranked by the EC. After presentations, evaluation, scoring and ranking, the EC named Jacobs Project Management, Co. (Jacobs) as the first-ranked firm and Hill International, Inc. (Hill) as the second-ranked firm (Exhibit 1).
The EC’s proposed recommendation of ranking was posted on the Purchasing Division website from June 27 - 30, 2023, which provided an opportunity for any proposer or interested party to present any new or additional information regarding the responsibility of the proposers.
On June 30, 2023, the Director of Purchasing received an objection letter from Hill. The objection letter claimed that (1) Jacobs failed to disclose that it retained a lobbyist, (2) Jacobs allegedly “failed to disclose a substantial conflict of interest” regarding its subconsultant CDM Smith, Inc., (3) “proposed rankings were severely and irreparably skewed by two outlier scores,” and (4) “failure of County Administrator to appoint a replacement [EC] member.” (Exhibit 3)
On July 18, 2023, the Director of Purchasing received a response to Hill’s objection letter from Jacobs. On July 28, 2023, the Director of Purchasing received an amended response letter from Jacobs (Exhibit 4).
On August 4, 2023, the Director of Purchasing issued a response to Hill, stating that upon review of the procurement record, all correspondence received from parties to the objection and the EC meeting, the issues raised in the objection did not justify reconvening the EC or otherwise altering the recommendations of the EC. Specifically, no new or substantive information was presented to warrant reconvening the EC. The evaluation and scoring of firms were all conducted appropriately and within established guidelines, practices, and procedures set forth in the Broward County Procurement Code, County Ordinances, and existing written guidelines. As such, Hill’s objection was denied (Exhibit 5).
On August 7, 2023, the Director of Purchasing received a request for reconsideration from Hill, citing additional information to be considered (Exhibit 6).
Based on the allegations made in Hill’s requested reconsideration, the County conducted additional investigations through the County’s Office of Professional Standards. In its Investigative Report dated September 22, 2023, Professional Standards determined that Hill’s claim could not be corroborated “without objective, factual reliable data.” Nevertheless, in order to avoid the appearance of any perceived impropriety, County Administration recommended that the Board reject all responses to this RFP and resolicit.
On January 23, 2024 (Item No. 56), the Board elected to hear vendor presentations and rank the firms instead of rejecting all responses and resoliciting. Accordingly, the Board requested the two proposing firms, Hill and Jacobs, to make presentations to the Board at a Board meeting within the next month to allow the Board to rank the proposed firms as the final ranking for the RFP. The Board also directed the Purchasing Division and the County Attorney’s Office to establish procedures for the Board to hear presentations and rank the proposing firms.
In accordance with this directive, the RFP, and the Procurement Code, the Purchasing Division in consultation with the County Attorney’s Office created procedures for the Board to hear presentations and rank the proposing firms (Procedures) (Exhibit 7). The proposing firms were provided a copy of the Procedures and allowed to raise any objections to the Procedures governing the Board’s consideration of the RFP. Neither proposing firm raised objections to the Procedures and both firms consented in writing to the Board’s use of the Procedures.
Additional supporting documentation can be found on the Purchasing Division website at <https://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 for this item.
Requisition No. MTD0008588