Broward County Commission Regular Meeting
Director's Name: George Tablack
Department: Finance and Administrative Services Division: Purchasing
Information
Requested Action
title
MOTION TO APPROVE First Amendment to the Transit Bus Cooperative Purchasing Agreement between Broward County and Washington State Department of Enterprise Services, Cooperative Purchasing Agreement dated September 15, 2021, under the Washington State Transit Bus Cooperative, State Cooperative Purchasing Schedule Master Contract No. 06719-01 Transit Buses: Heavy Duty, for the purchase of thirteen 60-foot New Flyer Articulated Electric Buses for the Transportation Department, increasing the maximum estimated total purchase from $12,400,000 to $39,006,930, in substantially the form attached as Exhibit 2; authorizing the Mayor and Clerk to execute same subject to review and approval for legal sufficiency by the County Attorney’s Office and confirmation by the County Administrator that any changes are immaterial and do not increase risk or cost to the County; authorize the Purchasing Director to negotiate and execute a participating addendum with New Flyer of America, Inc., if determined legally necessary by and subject to review and approval for legal sufficiency by the County Attorney’s Office; and authorize the Purchasing Director to issue any purchase orders or other purchase documents necessary to effectuate the referenced purchases.
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Why Action is Necessary
Board approval is required for the proposed amendment to the referenced Cooperative Purchasing Agreement and for the Purchasing Director to take the referenced actions. In accordance with Broward County Procurement Code Section 21.47.a, 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 provided for in the contract, when there is a single bid, rejection, or protest.
In accordance with Broward County Procurement Code Section 21.27, Purchases from Other Government Contracts, the Director of Purchasing may purchase goods or services (the “originating contract”) under any procurement contract held by a governmental agency or nonprofit entity, or the County may enter into its own contract with the vendor under the originating contract if (a) the Director of Purchasing determines the originating contract was competitively procured in accordance with generally accepted standards of public procurement; (b) the originating contract expressly permits such purchasing, or the governmental agency or nonprofit entity that awarded the originating contract or the vendor who holds the originating contract (as applicable) allows the County to purchase therefrom; and (c) the terms and conditions offered to the County by the vendor do not materially deviate from the terms and conditions of the originating contract.
What Action Accomplishes
Approves the amendment to the referenced Cooperative Purchasing Agreement and authorizes the Purchasing Director to take the referenced actions.
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 THE ABOVE MOTION.
This item supports the Board’s Connected Community Goal, “Cooperatively delivering an efficient and accessible regional intermodal transportation network”, and Resilient Community Goal, “Ensuring accessible, seamlessly integrated investments in renewable energy, sustainable practices, manufacturing, resilient infrastructure, and environmental protection.”
The Office of Economic and Small Business Development did not establish a County Business Enterprise or Disadvantaged Business Enterprise goal for this procurement (Exhibit 1).
If this item is approved, the Board will approve the Amendment to a Cooperative Purchasing Agreement to increase the total authorized purchases from $12,400,000 to $39,006,930, thereby allowing the Transportation Department to purchase thirteen 60-foot New Flyer Articulated Electric Buses utilizing the Washington State Transit Bus Cooperative, State Cooperative Purchasing Schedule Master Contract No. 06719-01, with New Flyer of America, Inc. (Master Contract). This contract is a State Cooperative Purchasing Schedule Contract under Section 3019 of the Fixing America’s Surface Transportation (FAST) Act and compliant with Federal Transit Administration (FTA) Guidelines. The State of Washington, through its Department of Enterprise Services (DES), has contracted with vendors to provide transit buses and related equipment to multiple participants, including transit organizations from other states. DES requires a signed agreement with the state and the individual agency to purchase from its master contracts and has authorized the County to purchase transit buses from DES Master Contract No. 06719-01 (Exhibit 2).
On November 4, 2021 (Item No. 25), the Board approved fixed contract to awarded vendor, New Flyer of America, Inc., under the Washington State Transit Bus Cooperative, State Cooperative Purchasing Schedule Master Contract No. 06719-01 Transit Buses: Heavy Duty; for the purchase of 60-foot New Flyer Articulated Diesel Buses for the Transportation Department (Exhibit 3).
The State of Washington RFP No. 06719-01, Transit Buses - Heavy Duty, was competitively solicited as a Request for Proposal (RFP) by Washington State Department of Enterprise Services. The RFP was issued on March 4, 2020 and publicly opened on June 10, 2020 with 15 responses received. The Master Contract was awarded to New Flyer of America, Inc. effective on April 1, 2021 through March 31, 2026, subject to the execution of amendment No.4 to renew the contract (Exhibit 4). New Flyer of America, Inc. is to provide heavy-duty (30, 35, 40, and 60 ft. sizes) bus rapid transit (BRT) articulated buses; with low-floor or high floor (over the road buses) and diesel power, hybrid drive, standard drive, CNG, or electric propulsion system, or any combination thereof. The $26,606,930 increase requested by the Transportation Department is intended to be allocated towards $25,314,063 for buses and $1,292,867 for additional options of spare parts, diagnostic and tooling, and training hours (Exhibit 5).
The Purchasing Division and the Transportation Department have determined that the County’s purchases under the Master Contract will allow for the County to benefit from economical pricing and reduction in delivery time, which is guaranteed by the State of Washington (Exhibit 6).
Utilization of this contract will also allow the County the ability to take advantage of lower costs available through competitive pricing based on large volume discounts and economies of scales, while reducing administrative costs of project solicitation.
In addition, if this item is approved, the County will communicate with New Flyer regarding the potential for entering into a participating addendum that will include standard terms generally requested by the County.
The proposed Amendment has been reviewed for legal sufficiency by the Office of the County Attorney. Any participating addendum between the County and New Flyer that may be deemed necessary will also be subject to review for legal sufficiency by the Office of the County Attorney.
Source of Additional Information
Robert Gleason, Director, Purchasing Division, (954) 357-6070
Fiscal Impact
Fiscal Impact/Cost Summary
The contract amount is $26,606,930, allocated from Federal Transit Administration funding. The funds estimated for the current fiscal year are included in the current fiscal year budget.
Requisition No. MTD0010694