§ 1-2-182. Procurement of goods or services.

No procurement of goods or services of fifty thousand dollars ($50,000.00) or more shall be made unless upon competitive sealed bids received in the manner hereinafter prescribed, except in at least one (1) of the following circumstances:

(1)

When it is determined in accordance with procedures adopted by the county administrator and set out in the Charlotte County Purchasing Manual that the use of competitive sealed bidding is either not practicable or not advantageous to the county, a contract may be entered into by any of the following:

a.

Competitive sealed proposals;

b.

Consultants' Competitive Negotiation Act (CCNA);

c.

Request for qualification;

d.

Request for proposal;

e.

Noncompetitive procurement;

f.

Request for information; or

g.

Any other method allowed or permitted by law and when authorized by the board of county commissioners ensuring the county selects the most qualified provider at the lowest cost.

(2)

The senior division manager of purchasing shall have the authority, subject to approval of the county administrator, to cooperate with other local governments or local public entities in the development and use of mutually cooperative procurement contracts. Such contracts, irrespective of the sponsoring entity, as they pertain to the county, shall be awarded by the board of county commissioners.

(3)

The senior division manager of purchasing shall have the authority, subject to approval of the county administrator, to utilize contracts of other local governments or other public entities to procure goods and services, if the vending contractor extends the terms and conditions of the contract to the county, and the contract has been awarded through procedures substantially equivalent to the requirements of this article, provided that authorization to purchase under said contract is in conformance with the monetary limitations for purchases as contained in this article.

(4)

A contract may be awarded for goods or services without competitive bids when the senior division manager of purchasing determines in writing that there is only one source for the required item and approval is granted by the board of county commissioners.

(5)

Where the board of county commissioners finds it to be in the best interest of the county it may declare the existence of an emergency procurement condition, and, based thereon, suspend any or all of the provisions of this article and authorize an emergency procurement; provided that such emergency procurement shall be made with such competition as is practicable under the circumstances. When an emergency procurement is authorized, the factual basis for the emergency and for the selection of the particular contractor shall be documented in the official minutes of the board, or by a resolution adopted by the board, if deemed appropriate.

(6)

In the procurement of professional, architectural, engineering, landscape architectural or land surveying services, the county shall comply with the provisions of F.S. section 287.055, or the latest revision thereof, and the Charlotte County Purchasing Manual.

(7)

Any certified public accountant for auditing services required by F.S. section 11.45, as may be amended from time to time, shall be selected in accordance with the provisions of that statute. Any selection of a certified public accountant for any other purpose shall be done by any procedure designed to select the best firm at the least cost to the county.

(8)

The of senior division manager of purchasing may, under his/her own authority or through specific approval from the board of county commissioners, waive the bid procedures for General Services Administration (GSA) contracts if allowed or permitted by federal law, rules or regulations. The county may thus procure directly from such a GSA contract or similar state contract when it is in the best interest of Charlotte County.

(9)

When procurement of repairs, services and/or equipment are required for continuance of essential operations or are necessary to maintain public health and safety, such situation shall be deemed a valid emergency and such procurements may be approved by the county administrator. A report of the action and circumstances shall be included in the board minutes of a regularly scheduled meeting held within thirty (30) days of the emergency. The report shall certify the specific conditions and circumstances as well as actions which may be taken to minimize the likelihood of a similar recurrence.

(Ord. No. 95-025, § 7, 6-6-95; Ord. No. 2003-017, § 1, 4-22-03; Ord. No. 2009-005, § 3, 2-10-09)