Broward County Commission Regular Meeting
Director's Name: George Tablack
Department: Finance and Administrative Services Division: Purchasing
Information
Requested Action
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MOTION TO APPROVE open-end contract to low responsive, responsible bidder, Cliff Berry, Inc., for FEMA Hazardous Waste Clean-Up Services, Bid No. OPN2127809B1, for Water and Wastewater Services and other various County agencies that may have a need for these services, in the annual estimated amount of $146,418, which includes allowances in the potential not-to-exceed amount of $23,000, and authorize the Director of Purchasing to renew the contract for four potential estimated one-year periods, for a five-year potential estimated amount of $732,090.
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Why Action is Necessary
In accordance with Broward County Procurement Code Section 21.47(a), Award and Execution Authority, Board approval is required for awards exceeding $500,000, inclusive of the value of any renewals or extensions provided for in the contract.
What Action Accomplishes
Provides for hazardous waste clean-up emergency response services.
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 SERVICES RECOMMEND APPROVAL OF THE ABOVE MOTION.
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 (Exhibit 2).
The purpose of this contract is to provide all labor, materials, equipment, services, and incidentals for Federal Emergency Management Agency (FEMA) compliant hazardous waste clean-up emergency response services. The scope of services is intended to be used in response to an emergency event. As such, the solicitation included the requirements from FEMA to position Broward County for FEMA reimbursement for any services provided in response to a declared emergency.
The Director of Purchasing and Water and Wastewater Services have determined the apparent low bidder, Enviroserve Inc., to be non-responsible to the bid requirements, after receiving email confirmation stating, “it appears like we will not be able to meet the required emergency response time of 2 hours out of our Melbourne, FL location” (Exhibit 3). The annual difference in cost between the low bidder and the recommended bidder is $33,865.
The Purchasing Division reviewed the pricing offered by Cliff Berry, Inc. and calculated a 1% reduction in price from the current contract with the incumbent, Cliff Berry, Inc. A Voluntary Price Reduction was requested by the Purchasing Division and Cliff Berry, Inc. offered a reduction of $29,959 (20%) annually, $149,795 over the potential five-year term. This reduced the annual bid offer from $153,377 to $123,418, excluding annual Pass-Thru allowances.
The Purchasing Division has reviewed the prices submitted and the Voluntary Price Reduction by the recommended bidder, Cliff Berry, Inc., and determined the pricing to be fair and reasonable in comparison to all bid offers (Exhibit 5).
Water and Wastewater Services has reviewed the bid submitted by Cliff Berry, Inc., and concurs with the recommendation for award (Exhibit 4). There is one vendor performance evaluation completed for Cliff Berry, Inc. with a score of 3.92 out of 5.0.
Incumbent: Cliff Berry, Inc., Contract Number IND2122994B1, FEMA Hazardous Waste Clean-Up services. Contract Term: August 24, 2021 through August 23, 2024. Expenditures to date: $54,630.
The bid posted on January 2, 2024 and opened on February 16, 2024; three bids were received with one declination (Exhibit 1).
The Recommendation for Award was posted on the Purchasing Division website from April 11 - 18, 2024, at which time any aggrieved vendor could have protested the results. There was no protest or appeal filed regarding this procurement.
The contract consists of the County’s solicitation and the vendor’s response.
The Initial contract period begins on August 24, 2024 and terminates one year from that date.
The amounts referenced in this agenda item were rounded to the nearest whole dollar.
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 $732,090 over a potential five-year period. Each requirement processed against this open-end contract will be funded by the appropriate source at the time of release.