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 final ranking of the qualified firms for Request for Proposals (RFP) No. BLD2124561P1, Janitorial Services for County Facilities (Agreement No. 3, South Regional Courthouse), for the Facilities Management Division. The top ranked firms are: 1 - Sunshine Cleaning Systems, LLC; 2 - Chi-Ada Corporation; and 3 - SFM Janitorial Services, LLC.
ACTION: (T-12:12 PM) Approved. (Refer to minutes for full discussion.)
VOTE: 7-0. Commissioners Fisher and Ryan were not present.
B. MOTION TO APPROVE final ranking of the qualified firms for Request for Proposals (RFP) No. BLD2124561P1, Janitorial Services for County Facilities (Agreement No. 4, Broward County Judicial Complex), for the Facilities Management Division. The top ranked firms are: 1 - Sunshine Cleaning Systems, LLC; 2 - Chi-Ada Corporation; and 3 - SFM Janitorial Services, LLC.
ACTION: (T-12:12 PM) Approved. (Refer to minutes for full discussion.)
VOTE: 7-0. Commissioners Fisher and Ryan were not present.
C. MOTION TO AUTHORIZE Director of Purchasing to negotiate and execute Agreements between Broward County and Sunshine Cleaning Systems, LLC, for Janitorial Services for County Facilities (Agreement No. 3, South Regional Courthouse, in the total five-year potential estimated amount of $1,268,137 and Agreement No. 4, Broward County Judicial Complex, in the total five-year potential estimated amount of $7,601,446), RFP No. BLD2124561P1, for the Facilities Management Division, subject to review for legal sufficiency by the Office of the County Attorney.
ACTION: (T-12:12 PM) Approved. (Refer to minutes for full discussion.)
VOTE: 7-0. Commissioners Fisher and Ryan were not present.
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Why Action is Necessary
Motions A-B: 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 final 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, rerank those vendors in a final ranking.
Motion C: In accordance with Broward County Procurement Code Section 21.47, Award and Execution Authority, 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.
What Action Accomplishes
Motions A-B: Approves the Evaluation Committee's recommendation of the final ranking of qualified firms.
Motion C: Provides janitorial services for various Broward County locations, including the South Regional Courthouse, the Broward County Judicial Complex, and other County facilities.
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Previous Action Taken
None.
Summary Explanation/Background
THE PURCHASING DIVISION AND THE PUBLIC WORKS DEPARTMENT/FACILITIES MANAGEMENT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.
Motions A-B: The Office of Economic and Small Business Development (OESBD) designated Agreements No. 3 and 4 as a reserve opportunity for County Business Enterprise (CBE) firms. Sunshine Cleaning Systems, LLC (Sunshine Cleaning) is a non-CBE firm but committed to 25% CBE goal participation for each agreement. Sunshine Cleaning is compliant with CBE requirements (Exhibit 1).
The purpose of item is to approve the final ranking of qualified firms to provide janitorial services for various Broward County locations, including the South Regional Courthouse and the Broward County Judicial Complex.
In accordance with the Broward County Living Wage Ordinance, Broward County Administrative Ordinance Section 26-101(i), as amended, these services are covered services. Sunshine Cleaning has agreed to be bound to the contractual obligations of the Living Wage Ordinance, which includes the minimum wage rates and paid time off.
In accordance with the Broward County Workforce Investment Program, Broward County Administrative Code Section 19.211, these services are subject to the Workforce Investment Program for Agreement No. 4. Sunshine Cleaning has agreed to be bound to the contractual obligations of the Workforce Investment Program.
On June 14, 2022 (Item No. 59), the Board authorized the County Administrator to approve and/or execute agreements, contract amendments, work authorizations, advertisements of competitive solicitations, and other documents during the 2022 Board Summer Recess (June 15 - August 24, 2022). On August 10, 2022, the County Administrator approved RFP No. BLD2124561P1. The RFP was advertised on August 12, 2022; at the time of the submittal deadline on November 17, 2022, 24 firms submitted proposals.
On April 17, 2023, an Initial Evaluation Committee meeting was held to determine responsiveness and responsibility of proposing firms.
On June 5 and 7, 2023, Final Evaluation Committee meetings were held to hear presentations from responsive and responsible firms and to score and rank those firms, which resulted in the top-ranked firms for Agreements No. 1 through 5. After the presentations, scoring and ranking of firms, the Evaluation Committee (EC) named Sunshine Cleaning as the first-ranked firm for Agreements No. 1 through 4 and named Janitorial 5 Star Services LLC as the first-ranked firm for Agreement No. 5.
The EC’s proposed recommendation of ranking was posted on the Purchasing Division website from June 13 - 16, 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 15, 2023, the Director of Purchasing received a timely filed objection letter from McKenzie’s Cleaning, Inc. (McKenzie’s). The objection letter claimed that McKenzie’s should have been awarded Agreements No. 1 through 4 because pricing submitted by McKenzie’s was within 10% of the highest ranked non-CBE firm (Exhibit 2).
On June 16, 2023, the Director of Purchasing received a timely filed objection letter from Shutts & Bowen LLP on behalf of its client, Chi-Ada Corporation (Chi-Ada). The objection letter claimed, “Sunshine Cleaning Systems, LLC’s failure to disclose its change of ownership renders it non-responsible, and if Sunshine Cleaning had disclosed the following facts, then the Evaluation Committee would have decreased its scores” (Exhibit 3).
The Evaluation Committee final recommendation of ranking for Agreement No. 5 was posted on the Purchasing Division website from June 20 - 26, 2023, which provided an opportunity for any aggrieved proposer to file a formal protest. No formal protest was received.
On June 29, 2023, the Director of Purchasing issued a response to McKenzie’s objection assertions stating, “Section 1-81.3(f)(2) of the Broward County Code of Ordinances further establishes a points differential requirement for solicitations involving CBE Reserves. For competitive solicitations in which the Proposals are assigned point totals, after deducting the points awarded for price from the total points awarded to each appliable Proposal, the total points assigned to the CBE Presumptive Awardee: (a) for Proposals that do not exceed Three Million Dollars ($3,000,000), are not more than ten percent (10%) less than the total points assigned to the highest-ranked responsive and responsible non-CBE…” While McKenzie’s met the monetary differential requirement set forth in Section 1-81.3(f)(1) of the Broward County Code of Ordinances for Agreements No. 1 through 4, it did not meet the points differential requirement per Section 1-81.3(f)(2)”. The evaluation and scoring of firms were conducted appropriately and within the established guidelines, practices, and procedures set forth in the Broward County Procurement Code, Ordinances, and existing written guidelines. Accordingly, the Director of Purchasing denied McKenzie’s objection (Exhibit 4).
On July 7, 2023, the Director of Purchasing issued a response to Shutts & Bowen LLP’s objection assertions stating, “By way of background, on or about October 20, 2022, a representative of Sunshine Cleaning informed the County Attorney’s Office that Sunshine Cleaning would be sold, via a stock sale, to Pritchard Industries (Southeast), LLC (“Pritchard”) on October 31, 2022. On November 1, 2022, Sunshine Cleaning’s representative confirmed the stock sale. Sunshine Cleaning provided a Limited Liability Company Agreement of Sunshine Cleaning Systems, LLC.” Subsequently, when protest was being reviewed, on June 28, 2023, Sunshine Cleaning provided detailed information regarding its officers and management personnel in response to the County’s “nerve center” questionnaire. The evaluation and scoring of firms were conducted appropriately and within the established guidelines, practices, and procedures set forth in the Broward County Procurement Code, Ordinances, and existing written guidelines. Accordingly, the Director of Purchasing denied Chi-Ada’s objection (Exhibit 5).
The EC’s final recommendations of ranking for Agreements No. 1 through 4 were posted on the Purchasing Division website from July 10 - 17, 2023, which provided an opportunity for any aggrieved proposer to file a formal protest.
On July 17, 2023, the Director of Purchasing received a timely filed protest letter from Shutts & Bowen LLP on behalf of its client, Chi-Ada Corporation, regarding Agreements No. 3 and 4. The protest letter claimed, “Sunshine Cleaning’s proposal is non-responsive, non-responsible and should not have been evaluated or scored for Evaluation Criteria 3.1, rendering the evaluation committee’s ranking and scoring arbitrary and capricious, and Chi-Ada the highest ranked responsive and responsible proposal, including being the lowest priced for Agreements 3 & 4. Thus, Chi-Ada should be the number one ranked vendor for Agreements 3 & 4” (Exhibit 6).
On August 11, 2023, the Director of Purchasing issued a response to Shutts & Bowen LLP’s protest assertions stating, “Section 3.1 of the Evaluation Criteria stated “[v]endor should submit completed Reference Verification Forms for previous projects referenced in its submittal.” Per Section 21.94 of the Procurement Code the word “should” denotes the permissive. Pursuant to Section F.1 of the Special Instructions to Vendors, the County reserves the right to obtain additional information from a vendor. As per established Purchasing policy, on January 4, 2023, the County requested Sunshine’s completed Reference Verification Forms, and on January 5, 2023, Sunshine provided the requested information”, which was provided to the Evaluation Committee for consideration. Accordingly, the Director of Purchasing denied Chi-Ada’s protest (Exhibit 7).
On August 21, 2023, the Director of Purchasing received an appeal to the protest determination from Shutts & Bowen LLP on behalf of its client, Chi-Ada Corporation, for Agreements No. 3 and 4 (Exhibit 8).
On October 3, 2023, an administrative hearing was held before an Administrative Law Judge (“ALJ”) with the State of Florida Division of Administrative Hearings ("DOAH") regarding Chi-Ada’s appeal of the protest determination for Agreements No. 3 and 4. Chi-Ada alleged that Sunshine’s failure to submit reference forms with its submittal should have deemed it non-responsive, and Sunshine should not have been scored for applicable evaluation criteria, based on reference forms not being provided with its response at time of submittal. Chi-Ada also alleged that Sunshine’s failure to disclose all company principals, and company owner, should have deemed it non-responsible.
On October 10, 2023 (Item No. 34), the Board approved Agreements No. 1, 2, and 5 for janitorial services for the Governmental Center East Complex, Main Library, and Traffic Engineering locations.
On November 9, 2023, the ALJ entered an Order recommending that Chi-Ada’s appeal be denied. The ALJ ruled that “the record fails to provide evidence that Sunshine’s submission of its Vendor Reference Verification Form at the request of the County on January 5, 2023, was non-responsive. As such, the Purchasing Director’s denial of Chi-Ada’s Protest regarding Sunshine’s submission of vendor reference forms was based on competent substantial evidence and was neither arbitrary nor capricious.” Regarding Sunshine’s alleged failure to disclose, the ALJ ruled that “the Purchasing Director's denial of Chi-Ada's Protest on this issue was based on competent substantial evidence and was neither arbitrary nor capricious.” Accordingly, the ALJ entered the following Order: “Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Broward County enter a final order denying Chi-Ada Corporation Appeal to Protest Determination to Agreements [No.] 3 and 4 of RFP BLD2124561P1, Janitorial Services for County Facilities” (Exhibit 9).
In accordance with Procurement Code Section 21.88(f), the County Administrator provided the Board with five business days’ notice of her intended action to accept the ALJ’s Recommended Order and deny Chi-Ada’s Appeal to Protest Determination to Agreements No. 3 and 4 of RFP BLD2124561P1, Janitorial Services for County Facilities. The County Administrator agreed with the ALJ’s conclusion that the Director of Purchasing’s protest denial was based on competent, substantial evidence and was neither arbitrary nor capricious.
Motion C: Board approval of this item authorizes the Director of Purchasing to negotiate and execute Agreements No. 3 and 4 for RFP No. BLD2124561P1. Approval of these agreements is necessary to avoid interruption of services at the South Regional Courthouse and the Broward County Judicial Complex, which are currently on a month-to-month extension for services.
Additional supporting documentation provided to the Evaluation Committee regarding this procurement 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
Each requirement processed against this open-end contract will be funded by the appropriate source at the time of release.