Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on June 10, 2025, at 10:00 a.m., in Room 422 of Governmental Center East to consider adoption of a proposed Resolution Amending the Broward County Administrative Code, the title of which is as follows:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE PROCUREMENT CODE; AMENDING VARIOUS SECTIONS OF CHAPTER 21 OF THE BROWARD COUNTY ADMINISTRATIVE CODE (“ADMINISTRATIVE CODE”) RELATING TO PROCUREMENT METHODS, PROCEDURES, EXEMPTIONS, AND AUTHORITY; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.
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Why Action is Necessary
The Broward County Charter requires the posting of notice and a public hearing for adoption of amendments to the Broward County Administrative Code.
What Action Accomplishes
Enables the setting of a public hearing during which the Board of County Commissioners (“Board”) may consider adopting the proposed Resolution Amending the Broward County Administrative Code.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
Summary Explanation/Background
The Purchasing Division continually strives to improve its procurement practices to facilitate the fair, efficient, and competitive procurement of goods and services for Broward County. Over the last year, the Purchasing Division, in collaboration with the County Attorney’s Office, has identified a series of minor modifications that it recommends be made to the Broward County Procurement Code, Chapter 21 of the Broward County Administrative Code (“Procurement Code”), to streamline certain provisions and to codify current practices.
In addition to these minor changes, the proposed Resolution makes the following material changes:
Exemptions (Section 21.5): If approved, this would remove the monetary limitation (previously $100,000) on the exemption from the Procurement Code for services provided by nonprofit entities, making it consistent with other exemptions under this section. With this change, the $500,000 limitation on the Director of Purchasing’s authority will apply to purchases made under the “nonprofit entity” exemption. The Purchasing Division recommends this change to permit multi-year procurements of goods or services from nonprofit entities (for example, $100,000 annually for five years) without the requirement to conduct a competitive solicitation.
Drug-Free Workplace (Sections 21.23, 21.41(h), and 21.42(d)): If approved, this would remove the requirement that vendors maintain a drug-free workplace program and replace it with a tiebreaker preference for vendors that maintain a drug-free workplace; this limits the risk of potential conflict with state law and incorporates the state law preference for vendors with drug-free workplaces.
Sole Source or Sole Brand Procurements (Sections 21.25 and 21.26): If approved, this would expand the time by six months (from the current six months to a proposed twelve months) following issuance of a Request for Information (“RFI”) to conduct a Sole Source procurement. The proposed amendment would also remove the requirement for an RFI before a Sole Brand procurement can be conducted. The Purchasing Division recommends the increase from six to twelve months because the information obtained from an RFI is generally informative of the marketplace for the applicable goods or services for at least twelve months. The Purchasing Division recommends the removal of the RFI requirement from Sole Brand procurements because the Sole Brand determination is generally based upon specific needs rather than market availability and is usually followed by a competitive solicitation from the available resellers, thus facilitating appropriate competition for the goods and services seeking to be procured.
Reinstatement of Expired Contracts (Section 21.53(e)): If approved, this would authorize the Director of Purchasing to reinstate an expired contract in connection with the exercise of any authority delegated to the Director of Purchasing by the Board or under Section 21.47 regarding award and execution authority.
The Purchasing Division recommends adoption of the proposed changes to the Procurement Code.
Source of Additional Information
René D. Harrod, Chief Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
None.