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HomeMy WebLinkAbout17-068RESOLUTION NO. 17-068 A RESOLUTION AMENDING THE ST. LUCIE COUNTY MANUAL OF PURCHASING REGULATIONS; AMENDING SECTION 13.5, COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROFESSIONAL SERVICES PROCUREMENT PROCEDURES AND ATTACHMENT "A", "ST. LUCIE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PURCHASING POLICY", TO INCORPORATE AMENDMENTS TO FEDERAL CDBG REQUIREMENTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made the following determinations: 1. On September 24, 1985, the Board of County Commissioners for St. Lucie County, (the "Board") adopted Ordinance No. 85-06 which created a purchasing department. 2. On October 7, 1985, the Board adopted Resolution No. 85-212 which established the purchasing regulations and procedures for St. Lucie County, Florida, as set forth in the St. Lucie County Manual of Purchasing Regulations and Procedures (the "Purchasing Manual"); and since that date the Purchasing Manual has been amended from time to time. 3. On January 20, 2016, the Board adopted Resolution No. 15-008 which amended Resolution 85-212, as previously amended, to include procurement policies and procedures for Community Development Block Grant ("CDBG') funded projects per the St. Lucie County Community Development Block Grant Program Purchasing Policy attached thereto as Attachment "A°. 4. It is necessary to further amend Resolution 85-212, as previously amended, by amending the Purchasing Manual to incorporate amendments to federal CDBG procurement requirements. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The St. Lucie County Manual of Purchasing Regulations is hereby amended as set forth in Exhibit "A" attached. 2. This resolution shall become effective upon adoption. After motion and second the vote on this Resolution was as follows: Chairman Commissioner Chris Dzadovsky AYE Vice Chair Commissioner Tod Mowery AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this 18 day of April, 2017. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA 1 •. f i i, f APPROVED AS TO FORM AND CORRECiNESS County A EXHIBIT "A" 1. Section 13.5, Community Development Block Grant ("CDBG") Professional Services Procurement Procedure, is hereby amended to read as follows" 13.5 COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROFESSIONAL SERVICES PROCUREMENT PROCEDURE The County shall adhere to federal regulations governing Community Development Block Grant ("CDBG") fps Program Purchasing Policy when obtaining professional services for CDBG. 2. Attachment A, St. Lucie County Community Development Block Grant Program Purchasing Policy, is hereby amended and restated in its entirety as hereto attached and herein incorporated. 3 ATTACHMENT A ST. LUCIE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM PURCHASING POLICY TABLE OF CONTENTS Purpose II. Application of Policy III. Purchasing Officer IV. Purchasing Procedures A. Purchasing Categories B. General Standards C. Definitions D. Public Notice or Advertising Requirements E. Small Purchases F. Purchasing by Securing Quotes G. Competitive Sealed Bidding H. Competitive Sealed Proposals I. Professional Architectural, Engineering. Landscape Architectural, and Land Surveying Services. J. Other Competitive Sealed Proposals (non -287.055 services) K. Sole Source Purchases L. Single Source Procurement M. Cooperative Purchasing N. Bid Protest O. Contract Claims P. Remedies for Solicitations or Awards in Violation of Law V. Contract Administration A. Contract Provisions B. Price Adjustments C. Change Orders/Contract Amendments D. Assignment of Contracts E. Right to Inspect Plant VI. Rights of St. Lucie County Board of County Commissioners Ell VII. County Procurement Records VIII. Specifications A. Maximum Practicable Competition B. Use of Brand Name or Equivalent Specifications C. Brand Name Specifications IX. Ethics in Public Contracting A. Criminal Penalties B. Employee Conflict of Interest C. Contemporaneous Employment Prohibited D. Use of Confidential Information E. Gratuities and Kickbacks F. Sanctions G. Recovery of Value Transferred or Received in Breach of Ethical Standards X. Federal Policy Notice A. Patents B. Notice of Federal Public Policy Requirements XI. Payment to Vendors XII. Affirmative Action Program XIII, Affirmative Action/Equal Opportunity Policy 5 ST. LUCIE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PURCHASING POLICY PURPOSE This policy is adopted to assure that commodities and services for the Community Development Block Grant Programs are obtained efficiently and effectively in free and open competition and through the use of sound procurement practices. All County staff and other persons (subgrantees or contractors) with designated responsibility for the administration of CDBG contracts are responsible for ensuring compliance with all applicable federal and state laws and regulations including Chapter 73C-23.0051(1), Florida Administrative Code, 2 Code of Federal Regulations 200.317-.326 (2CFR200.317 — 2CFR200.326), sections 255.0525 (Advertising for Bids or Proposals) and 287.055, Florida Statutes (Consultants Competitive Negotiation Act). APPLICATION OF POLICY This policy shall apply only to solicitations and contracts or agreements for the procurement of all materials, supplies, services, construction and equipment for any Community Development Block Grant Program funded solicitation or contract after the effective date of this policy. By Resolution, the St. Lucie County Board of County Commissioners may from time to time make this policy applicable for solicitations and contracts funded by other state or federal grant or loan programs. III. PURCHASING OFFICER The Purchasing Manager shall serve as the central purchasing officer (the "Purchasing Officer") of the County for all contracts or agreements described in Section II. IV. PURCHASING PROCEDURES A. PURCHASING CATEGORIES; THRESHOLD AMOUNTS Except as to Sole Source Purchases, Section IV (K) and Cooperative Purchasing, Section IV (M), all purchases and contract awards are to be made subject to the provisions of the appropriate Section according to the following threshold amounts: 1. Small Purchases (Section IV (J)) .......................................................$ 1 to $ 500.00 2. Purchasing Quotes (Section IV(K))...........................................$ 501.00 to $ 10,000 3. Competitive Sealed Bids/Proposals (Section IV (L)(M)).............$ 10,001 and above B. GENERAL STANDARDS 1. Except as otherwise provided by law, procurement awards shall be made only on the basis of requirements and evaluation factors that are directly related to the price, quantity, or quality of the commodities or services solicited or the ability of the prospective supplier or contractor to perform under the contract. 2. Procurement procedures prohibit the dividing of the procurement of a good or service into a number of smaller groups in order to avoid the more stringent 6 requirements of a higher dollar category (refer to Chapter 287.057(4), Fla. Statutes). However, this provision is not to conflict with the provision of 200 CFR 321 that the subgrantee take all necessary affirmative steps to assure that minority firms, women's business enterprises and labor surplus area firms are offered the opportunity to participate to the maximum practicable extent. C. DEFINITIONS 1. "Solicitation" shall mean any Invitation to Bid, Invitation to Negotiate, Request for Qualifications, Request for Proposals, or any other form used in securing goods and services for a CDBG funded project. 2. "Responder" shall mean any person, firm, corporation, or any other entity which responds to a solicitation. 3. "Response" shall mean the documentation provided by a responder to a solicitation. D. PUBLIC NOTICE OR ADVERTISING REQUIREMENTS 1. Public Notice or Advertising. Public notice shall be made in compliance with section 255.0525 Florida Statutes, 200 CFR 317-326, 73C-23 Florida Administrative Code. 2. Publication. The County shall advertise by publication in two issues of a newspaper of general circulation in the County. Publication dates shall not be less than seven days apart and the last publication date shall not be less than seven days before the deadline for submission of responses. Publication in an online website such as Onviva Demand Star is encouraged. 3. Deadline. Notice of the solicitation shall provide the deadline for submission (date, time, and place) as set forth in the written solicitation form. 4, Public Opening. Responses shall be received and opened at the location, date, and time established in the advertisement. E. SMALL PURCHASES The purchase of commodities, equipment and services which cost less than the threshold authorized in Section IV (A) does not require solicitation of quotes or bids. Small purchases shall be authorized by the Purchasing Officer or his/her designees. F. PURCHASING BY SECURING QUOTES The purchase of goods and services which cost within the range authorized for purchasing quotes in Section IV (A) shall require competitive quotations from three or more vendors where feasible. The quotations shall be obtained by the Purchasing Officer and shall be reviewed and awarded by the Mayor. A procurement based on less than three quotes shall document the attempts made to obtain quotes and the reason for selection of a vendor/contractor when there were less than three quotes received. G. COMPETITIVE SEALED BIDDING Conditions for Use. All contracts for purchases of a single item, services or aggregate in excess of the established base amount for Competitive Sealed Bids/Proposals in Section IV, where price, not qualifications, is the basis for contract award, shall be awarded by competitive sealed bidding. 7 2. Invitation to Bid. A solicitation shall be issued and shall include specifications, all contractual terms and conditions, and the deadline (place date, and time) for opening and/or submittal. No later than five working days prior to the date for receipt of bids, a vendor shall make any written request to the Purchasing Officer for interpretations or corrections of any ambiguity, inconsistency or error which the vendor may discover. All interpretations or corrections will be issued as addenda. The County will not be responsible for oral clarifications. No negotiations, decisions or actions shall be initiated or executed by the proposer as a result of any oral discussions with any County employee prior to the opening of bids. Only those communications which are in writing from the Purchasing Officer or his designee may be considered as a duly authorized expression on the behalf of the St. Lucie County Board of County Commissioners. Also, only communications from firms or individuals which are in writing and signed will be recognized by the Purchasing Officer as duly authorized expressions on behalf of proposers. a) Alternate(s). Add alternates or deduct alternates will not be considered unless authorized by and defined in the Special Conditions of the solicitation specifications. b) Approved Equivalents. The County reserves the right to determine acceptance of item(s) as an approved equivalent. Responses which do not comply with stated requirements for equivalents in the solicitation conditions are subject to rejection. The procedure for acceptance of equivalents shall be included in the general conditions of the solicitation. I Response Opening. Timely responses shall be opened publicly. The Purchasing Officer or his/her designee shall open the responses in the presence of one or more witnesses at the time and place designated in the solicitation. The dollar amount of each response, and other such relevant information as may be deemed appropriate by the Purchasing Officer together with the name of each responder, and all witnesses shall be recorded. The record of the solicitation opening shall be open to public inspection. 4. Response Acceptance and Evaluation. Responses shall be unconditionally accepted without alteration or correction, except as authorized in this policy. Responses shall be evaluated based on the requirements set forth in the solicitation, which may include, but not be limited to criteria to determine acceptability such as: inspection, testing, quality, recycled or degradable materials content, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the response price and be considered in evaluation for award shall be objectively measured, such as discounts, transportation costs, and total or life cycle costs. No criteria may be used in response evaluation that are not set forth in the solicitation, in regulations, or in this policy. 5. Response Agenda Item. After evaluation, the Community Services Department will prepare a recommendation and shall place the item on the agenda of the St. Lucie County Board of County Commissioners. 6. Correction or Withdrawal of Responses; Cancellation of Awards. Correction or withdrawal of inadvertently erroneous responses before or after award, or cancellation of awards or contracts based on such mistakes, shall be permitted where 8 appropriate. Mistakes discovered before response opening may be modified or withdrawn by written or electronic notice received by the Purchasing Office prior to the time set for bid opening. After response opening, no changes in the response price or other provisions of response prejudicial to the interest of the County or fair competition shall be permitted. In lieu of response correction, a low bidder alleging a material mistake of fact may be permitted to withdraw his response if: a. The mistake is clearly evident on the face of the response but the intended correct response is not similarly evident; or b. The responder submits evidence which clearly and convincingly demonstrates that a mistake was made. All decisions to permit the correction or withdrawal of responses or to cancel awards or contracts based on mistakes in a response shall be supported by a written determination made by the Purchasing Officer. c. Responders will be made aware of any errors discovered by the person completing a "bid tabulation" which may impact their decision to withdraw their response. 7. Multi -Step Proposals. When it is considered impractical to initially prepare a purchase description to support an award based on price, a solicitation may be issued requesting the submission of unpriced offers to be followed by a solicitation limiting responders to those whose offers have been determined to be technically acceptable under the criteria set forth in the first solicitation. 8. Award. The contract shall be awarded with reasonable promptness to the lowest responsible and responsive responder whose response meets the requirements and criteria set forth in the solicitation. The County reserves the right to waive any informality in responses and to make an award in whole or in part when either or both conditions are in the best interest of the County providing that such waiver does not violate federal or state CDBG requirements. Any requirement which is waived must be documented and kept in the file. a. Notice of Intended Award. The contract shall be awarded by written notice. Every procurement of contractual services shall be evidenced by a written contract. Notice of the intended award, including rejection of some or all of responses received, may be given by email, telephone, first class mail, or certified United States mail, return receipt requested, whichever is specified in solicitation. A responder may request, in their response, a copy of the tabulation sheet to be mailed in a vendor provided, stamped, self-addressed envelope for their record. b. Notice of Right to Protest. All notices of decision or intended decisions shall contain the statement: Failure to file a protest within the time prescribed in Section IV (B) of this CDBG Purchasing Policy shall constitute a waiver of proceedings under that section of this Policy. 9. Cancellation of Solicitations. A solicitation may be canceled, or any or all responses may be rejected in whole or in part when it is in the best interests of the County as determined by the St. Lucie County Board of County Commissioners. Notice of cancellation shall be sent to all responders. The notice shall identify the solicitation, explain the reason for cancellation and, where appropriate, explain that an opportunity 9 will be given to compete on any re -solicitation or any future procurement of similar items. 10. Disqualification of Vendors. For any specific bid, vendors may be disqualified by the Purchasing Officer, for the following reasons: a. Failure to respond to a solicitation three consecutive times within the last eighteen (18) months period. b. Failure to update the information on file including address, project or service, or business description or any licensing information. c. Failure to perform according to contract provisions on prior awards. d. Conviction in a court of law for any criminal offense in connection with the conducting of business. e. Clear and convincing evidence of a violation of any federal or state anti-trust law based on the submission of responses, or the awarding of contracts. f. Clear and convincing evidence that the vendor has attempted to give a County employee a gratuity of any kind for the purpose of influencing a recommendation or decision in connection with any part of the County's purchasing activity. g. Failure to execute a Public Entity Crimes Statement as required by Section 287.133(3)(a), Florida Statutes. h. Failure to execute a County Conflict of Interest Disclosure Form. i. Other reasons deemed appropriate by the County. H. COMPETITIVE SEALED PROPOSALS All contracts for purchases of a single item or services or aggregate in excess of the established base amount for Competitive Sealed Bids/Proposals in Section IV (A), where qualifications, not price, is the basis for contract award, shall be awarded by competitive sealed proposals. All contracts for the procurement of professional architectural, engineering, landscape architectural, and land surveying services will be awarded according to the provisions of Section IV (1). All other contracts required to be awarded by competitive sealed proposals will be awarded according to the provisions of Section IV (J). 1. PROFESSIONAL ARCHITECTURAL, ENGINEERING, LANDSCAPE, ARCHITECTURAL, AND LAND SURVEYING SERVICES Public Announcement. For goods or services to be paid for with CDBG funds, it is the policy of the County to publicly announce all requirements for professional architectural, engineering, landscape architectural, and land surveying services and to negotiate such contracts on the basis of demonstrated competence and qualifications at fair and reasonable prices. In the procurement of such services, the County may require firms to submit a statement of qualifications, performance data, and other related information for the performance of professional services. a. Distribution of Prosect Requirements. All persons or firms on the County's vendor list who have indicated an interest in being considered for the performance of such professional services and any other additional parties deemed desirable by the Purchasing Officer shall be notified of the project requirements including a statement of relative importance of each of the requirements. The project 10 requirements shall be accompanied by a solicitation to such persons or firms requesting a response to provide the required services, and by notification of the date and time when such responses are due. Public notice shall be provided in the manner required in Section IV (D). b. Modification Prohibition. After the publicized deadline (time, date, and location), responses shall not be modified or allowed to be modified in any manner except for correcting of clerical errors or other similar minor irregularities as may be allowed by the Selection Committee (defined in Section IV(1)4) prior to making its selection of those best qualified. c. Reuse of Existing Plans. There shall be no public notice requirements or utilization of the selection process as provided in this section for projects in which the County is able to reuse existing plans from a prior project. 2. Proposal Cancellation or Postponement. The Purchasing Officer may, prior to a proposal opening, elect to cancel or postpone the date and/or time for proposal opening or submission. 3. Selection Committee Membership and Evaluation. Depending on the expected complexity and expense of the professional services to be contracted, the County may determine whether a three member or five member selection committee will best serve the needs of the St. Lucie County Board of County Commissioners. 11 a. Three to Five Member Committee Composition. Membership of a selection committee shall consist of persons appointed by the County Administrator. b. Selection Committee Evaluation. Only written responses of statements of qualifications, performance data, and other data received in the office of Purchasing Officer by the publicized submission time and date shall be evaluated. Only those responders from who additional data is requested and those selected for formal interview may submit additional data. From among those responders, as evidenced by timely submission of written responses, the Selection Committee shall select a group of responders to recommend to the St. Lucie County Board of County Commissioners. c. Ranking and Shortlistin . The best qualified respondents shall be based upon the Selection Committee's ability to differentiate qualifications applicable to the scope and nature of the services to be performed. The Selection Committee shall determine qualifications, interest and availability by reviewing the written responses that express an interest in performing the services. If desired, the selection committee may conduct formal interviews of no less than three selected respondents that are determined to be best qualified based upon the evaluation of written responses. The determinations may be based upon, but not limited to, some or all the following considerations: (a) competence, including technical education and training, experience in the kind of project to be undertaken, availability of adequate personnel, equipment and facilities, the extent of repeat business of the responder, and person or persons to be assigned by the responder to the project should that responder be awarded the contract; (b) current work load; (c) financial responsibility; (d) ability to observe and advise whether plans and specifications are being complied with, where applicable; (e) record of professional accomplishments; (f) proximity to the project involved, if applicable; (g) record of performance; and (h) ability to design an approach and work plan to meet the project requirements, where applicable. The solicitation may contain additional evaluation factors where appropriate. d. Interview and St. Lucie County Board of County Commissioners Approval. After conducting the formal interviews, if needed, and completing the ranking based upon the criteria in the solicitation, the Selection Committee shall list those respondents ranked in order of preference based upon the considerations listed in subsection (3) above and in the solicitation. The respondents so ranked shall be considered to be qualified and shall be listed in rank order. The ranked list of qualified persons or firms shall be forwarded to the St. Lucie County Board of County Commissioners for approval prior to beginning contract negotiations. Negotiation sequence shall be based on the order of ranking. 4. Negotiation Staff. Contract negotiations shall be conducted by the Community Services Department Staff unless the County Administrator directs that negotiations be conducted by a Negotiation Committee. Negotiation. The Community Services Department Staff or the Negotiation Committee shall negotiate a contract with the responder considered to be the most qualified to provide the services at compensation and upon terms which the Community Services Department Staff or the Negotiation Committee determines to be fair and reasonable to the County. In making this decision, the Community Services Department Staff or the Negotiation Committee shall take into account the estimated value, the scope, the complexity, and the professional nature of the services to be rendered. As a part of the negotiation, the Community Services Department Staff or the Negotiating Committee shall conduct a cost analysis, including evaluation of profit, based on a cost breakout by the firm of its proposed price. Should the Community Services Department Staff or the Negotiation Committee be unable to negotiate a satisfactory contract and price with the highest ranked responder, negotiations with that responder shall be formally terminated. The Community Services Department Staff or the Negotiation Committee shall then undertake negotiations with the second ranked responder. Failing accord with the second ranked responder, the Community Services Department Staff or the Negotiation Committee shall formally terminate negotiations, and shall then undertake negotiations with the third ranked responder. Should the Community Services Department Staff or the Negotiation Committee be unable to negotiate a satisfactory contract with any of the three top ranked responder, the Community Services Department Staff or Negotiation Committee shall select additional responder in order of their ranking, and the Community Services Department Staff or the Negotiation Committee shall continue negotiations in accordance with this selection until an contract is reached or until a determination has been made not to contract for services from among this group of responders and to re - advertise. 6. Award. Award shall be made by the St. Lucie County Board of County Commissioners following successful negotiations with one of the responders. No other factors or criteria shall be used in the evaluation criteria that is not included in the solicitation. The St. Lucie County Board of County Commissioners may reject the responder proposed for award, but may not re -rank responders or enter into negotiations with any responder. J. OTHER COMPETITIVE SEALED PROPOSALS (non -287.055 services) 1. Conditions for use. All contracts required to be awarded by competitive sealed proposals that are not for the procurement of professional architectural, engineering, landscape architectural, and land surveying services, will be awarded according to the provisions of this section. 2. Public Notice. Adequate public notice of the solicitation shall be given in the same manner as provided in subsection IV (D) of this policy. 3. Evaluation Factors. The solicitation shall state the relative importance of criteria outlined in the scope of services. Cost shall be one of the evaluation factors. 4. Ranking and Selection. Ranking and selection shall follow the process specified in Section IV (I) (2)-(6). 5. Proposal Cancellation or Postponement. The Purchasing Officer may, prior responses being opening, elect to cancel or postpone the date and/or time for proposal opening or submission. 6. Revisions and Discussions with Responsible Offerors. As provided in the solicitation, and under regulations promulgated by the St. Lucie County Board of County Commissioners, discussions may be conducted with proposers who submit proposals determined to be qualified to be selected for award for the purpose of clarification and to assure full understanding of, and responsiveness to, the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining the best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by other proposers and the Purchasing Officer shall make a written recommendation of award to the St. Lucie County Board of County Commissioners. As a part of the recommendation, the Purchasing Officer shall conduct a cost analysis, including evaluation of profit, based on a cost breakout by the firm of its proposed price. 7. Award. Award shall be made by the St. Lucie County Board of County Commissioners to the most responsive, responsible responder whose response is determined in writing by the Purchasing Officer to be the most advantageous to the County, taking into consideration the evaluation factors set forth in the solicitation. No factors or criteria shall be used in the evaluation criteria that are not included in the solicitation. K. SOLE SOURCE PURCHASES 1. Sole Source Certification. A contract may be awarded for a supply, service, material, equipment or construction item(s) without competition when the Management and Budget Director with the concurrence of the County Administrator, certifies in writing, after conducting a good faith review of available sources, that there is only one available source for the required material, supply, service, equipment, or construction item(s). Such awards will be made within the authorized procurement limits. When a purchase exceeds ten thousand dollars ($10,000), the item will be placed on the agenda for St. Lucie County Board of County Commissioner's approval and clarification that the vendor has been determined to be a sole source. When a purchase exceeds ($25,000) it will require DEQ approval prior to award. 2. Additional Purchases from Certified Sole Source. The Purchasing Officer may be authorized, after initial sole source certification, to make additional purchases from a sole source vendor during the term of the CDBG funded contract for which the procurement was initiated or until such time as contrary evidence is presented regarding sole source eligibility, whichever period is less. L. SINGLE SOURCE PROCUREMENT A. Single Source Procurement. A contract may be awarded for a supply, service, material, equipment, or construction item(s) without competition when the Management and Budget Director with the concurrence of the County Administrator, determines that the requirements of Section IV (D) have been met and there was only one response to a solicitation. Awarding a contract based on a single source procurement must meet the following requirements: a. At least one advertisement was placed in a newspaper of general circulation in the closest Metropolitan Statistical Area. b. The single response is responsible and responsive. c. The proposed contract cost is reasonable based on pre -advertising cost estimates for the project. d. If the cost is greater than the County is willing to pay, the County may attempt to negotiate a lower cost with the single responder or choose to re -advertise. e. If the County desires to contract with the single responder, the County must document its procurement efforts. Such awards will be made within the authorized procurement limits. When a purchase exceeds ten thousand dollars ($10,000), the item will be placed on the agenda for St. Lucie County Board of County Commissioner's approval and clarification that the vendor has been determined to be a single source. When a purchase exceeds ($25,000) it will require DEO approval prior to award. B. Additional Purchases from or Change Orders to a Single Source Contract. The County may be authorized, after the initial single source determination, to make additional purchases from or execute change orders with a single source vendor or contractor for the remaining term of the CDBG funded project for which the procurement was initiated. M. COOPERATIVE PURCHASING State Contracts. The Purchasing Officer is authorized to purchase goods or services for any dollar amount from authorized vendors listed on the respective state contracts of the Department of General Services, subject otherwise to the requirements of this policy. 2. Other Governmental Units. The Purchasing Officer shall have the authority to join with other units of government in cooperative purchasing ventures when the best interest of the County would be served thereby, and the same is in accordance with this policy and with County and State law. 3. Use of cooperative purchasing shall be approved by DEO prior to the execution of the contract. N. BID PROTEST 1. Right to Protest. Any actual proposer who is aggrieved in connection with the solicitation or award or contract may protest to the St. Lucie County Board of County Commissioners. Protestors shall seek resolution of their complaints initially with the Purchasing Officer and secondly with the County Administrator prior to protesting to the St. Lucie County Board of County Commissioners. 2. Filing a Protest. Any person who is affected adversely by the decision or intended decision of the County shall file with the Purchasing Officer a notice of protest in writing within 72 hours after the posting of the bid tabulation or after receipt of the notice of intended decision and file a formal written protest within 10 calendar days after the date he/she filed the notice of protest. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under this Section. A written protest is filed with the County when it is delivered to and received in the office of the Purchasing Officer. a. The notice of protest shall contain at a minimum: the name of the bidder; the bidder's address and phone number; the name of the bidder's representative to whom notices may be sent; the name and bid number of the solicitation; and a brief factual summary of the basis of the protest. b. The formal written protest shall: identify the protestant and the solicitation involved; include a plain, clear statement of the grounds on which the protest is based; refer to the statutes, laws, ordinances, or other legal authorities which the protestant deems applicable to such grounds; and specifically request the relief to which the protestant deems himself entitled by application of such authorities to such grounds. 3. Settlement and Resolution. The Purchasing Officer shall, within 14 days of the formal written protest, attempt to resolve the protest prior to any proceedings arising from the position. Provided, however, if such settlement will have the effect of damaging a substantial interest of another proposer, such settlement must be reached in the course of the proceedings provided herein. 4. Protest Proceedings. If the protest cannot be resolved by mutual agreement, the Purchasing Officer shall conduct or designate another to conduct a protest proceeding pursuant to the following procedures. a. Protest Procedures i. The presiding officer shall give reasonable notice to all substantially affected proposers. Otherwise petitions to intervene will be considered on their merits as received. ii. At or prior to the protest proceeding, the protestant may submit any arguments which he/she deems relevant to the issues raised. iii. In the proceeding, the protestant, or his representative or counsel, may also make an oral presentation of his evidence and arguments. However, neither direct nor cross examination of witness shall be permitted, although the presiding officer may make whatever inquiries he/she deems pertinent to a determination of the protest. iv. The judicial rules of evidence shall not apply and the presiding officer shall base his/her decision on such information given in the course of the proceeding upon which reasonable prudent persons rely in the conduct of their affairs. v. Within seven (7) working days of the conclusion of the proceeding, the presiding officer shall render a decision which sets forth the terms and conditions of any settlement reached. Such decision of the presiding officer shall be conclusive as to the recommendation to the St. Lucie County Board of County Commissioners. vi. Any party may arrange for the proceedings to be steno -graphically or digitally recorded and shall bear the expense of such recording. b. Intervener. The participation of interveners shall be governed by the terms of the order issued in response to a petition to intervene. c. Time Limits. The time limits in which protests must be filed as provided herein may be altered by specific provisions in the solicitation documents. d. Entitlement to Costs. In no case will the protesting bidder or offeror be entitled to any costs incurred with the solicitation, including response preparation costs and attorney's fees. 5. Stay of Procurement during Protests. In the event of a timely protest under Subsection A of this Section, the Purchasing Officer shall not proceed further with the solicitation or award of the contract until all administrative remedies have been exhausted or unless the St. Lucie County Board of County Commissioners makes a determination that the award of a contract without delay is necessary to protect the substantial interests of the County. O. CONTRACT CLAIMS Authority of the Purchasing Officer to Settle Bid Protests and Contract Claims, The County Administrator is authorized to settle any protest regarding the solicitation or award of a County contract, or any claim arising out of the performance of a County, prior to an appeal to the St. Lucie County Board of County Commissioners or the commencement of an action in a court of competent jurisdiction of $1,000.00 or greater in value without the prior approval of the Board. Z Decision of the Purchasing Officer. All claims by a contractor against the County relating to a contract, except bid protest, shall be submitted in writing to the Purchasing Officer for a consideration. The contractor may request a conference with the Purchasing Officer on the claim. Claims include, without limitation, disputes arising under a contract, and those based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission. 3. Notice to the Contractor of the County Administrator's Decision. The decision of the County Administrator shall be promptly issued in writing, and shall be immediately mailed or otherwise furnished to the contractor. The decision shall state the reasons for the decision reached, and shall inform the contractor of his appeal rights under Subsection 4 of this Section. 4. Finality of the County Administrator Decision Contractor's Right to Appeal. The County Administrator's decision shall be final and conclusive unless, within ten calendar days from the date of receipt of the decision, the contractor file a notice of appeal with the St. U Lucie County Board of County Commissioners. 5. Failure to Render Timely Decision. If the County Administrator does not issue a written decision regarding any contract controversy within fourteen calendar days after receipt of a written request for a final decision, or within such longer period as may be agreed upon between the parties, then the aggrieved party may proceed as if an adverse decision had been issued. P. REMEDIES FOR SOLICITATIONS OR AWARDS IN VIOLATION OF LAW 1. Prior to Deadline for Receipt of Submissions. If prior to the deadline for receipt of submissions, the Purchasing Officer after consultation with the County Attorney, determines that a solicitation is in violation of federal, state or local law or ordinance, then the solicitation shall be canceled or revised to comply with applicable law. 2. Prior to Award. If after bid opening or the closing date for receipt of proposals, but prior to the award contract, the Purchasing Officer after consultation with the County Attorney, determines that a solicitation or a proposed award of a contract is in violation of federal, state, or municipal law or ordinance, then the solicitation or proposed award shall be canceled. 3. After Award. If, following award, the Purchasing Officer after consultation with the County Attorney, determines that a solicitation or award of a contract was in violation of applicable law or ordinance, then: a. If the person awarded the contract has not acted fraudulently or in bad faith: i. The contract may be ratified and affirmed, provided it is determined that doing so is in the best interest of the County; or ii. The contract may be terminated and the responder awarded the contract shall be compensated for the actual costs reasonably incurred under the contract plus a reasonable profit, but excluding attorney's fees, prior to termination; or b. If the responder awarded the contract has acted fraudulently or in bad faith the contract may be declared null and void or voidable, if such action is in the best interest of the County. CONTRACT ADMINISTRATION A. CONTRACT PROVISIONS Standard Contract Clauses and Their Modification. The County after consultation with the County Attorney, may establish standard contract clauses for use in County contracts. However, the Purchasing Officer may, upon consultation with the County Attorney, vary any such standard contract clauses for any particular contract. Any contract clauses or Special Conditions required by the County's funding contract with the Department of Economic Opportunity shall be included in the County's contract with the successful responder. 2. Contract Clauses. All County contracts for supplies, services and construction shall include provisions necessary to define the responsibilities and rights of the parties to the contract. The Purchasing Officer after consultation with the County Attorney, may propose provisions appropriate for supply, service, or construction contracts, addressing among others the following subjects: a. The unilateral right of the County to order, in writing, changes in the work within the scope of the contract; b. The unilateral right of the County to order in writing temporary stopping of the work or delaying performance that does not alter the scope of the contract; c. Variations occurring between estimated quantities or working contract and actual quantities; d. Defective pricing; e. Time of performance and liquidated damages; f. specified excuses for delay or nonperformance; g. Termination of the contract for default; h. Termination of the contract in whole or in part for the convenience of the County; i. Suspension of work on a construction project ordered by the County; j. Site conditions differing from those indicated in the contract, or ordinarily encountered except that a differing site conditions clause need not be included in a contract; i. When the contract is negotiated; ii. When the contractor provides the site or design; or iii. When the parties have otherwise agreed with respect to the risk of differing site conditions; k. Value engineering proposals; I. Remedies; m. Access to records/retention records; n. Environmental compliance; and o. Prohibition against contingent fees; p. Insurance to be provided by contractor covering employee, property damage, liability and other claims, with requirements of certificates of insurance and cancellation clauses; q. Bonding requirements as set by the federal or state government or the St. Lucie County Board of County Commissioners; r. Causes of and authorization for suspension of contract for improper contractor activity. s. The required contract clauses, as modified, under 2 CFR 200.326 and 2 CFR Part 200, Appendix II 3. DEO APPROVAL. All contracts and agreements, and any and all amendments, extensions, modifications, and material changes thereto, being reimbursed with Community Development Block Grant (CDBG) funds, shall be submitted to the Department of Economic Opportunity (DEO) for prior, written approval by DEO. B. PRICE ADJUSTMENTS 1. Methods of Price Adjustment. Adjustments in price during the term of a contract shall be computed in one or more of the following ways upon approval by the County: a. By agreement on a fixed price adjustment before commencement of the pertinent performance or as soon thereafter as practicable; b. By unit prices specified in the contract or subsequently agreed upon; c. By the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon by the County; d. In such other manner as the contracting parties may mutually agree; e. In the absence of agreement by the parties, by a unilateral determination by the County of the costs attributable to the events or situations under such clauses with adjustment of profit or fee as computed by the County, subject to the provisions of this section. 2. Cost or Pricing Data Required. A contractor shall be required to submit cost or pricing data if any adjustment in contract price is subject to the provisions of this Section. C. CHANGE ORDERS/CONTRACT AMENDMENTS Change orders and contract amendments, which provide for the alteration of the provisions of a contract may be approved by Mayor based upon the dollar value of the change or amendment. The purchasing categories thresholds designated in Sections 4 shall govern the appropriate level of approval. D. ASSIGNMENT OF CONTRACTS No contract made pursuant to any section of this policy shall be assigned or sublet as a whole or in part without the written consent of the County nor shall the contractor assign any monies due or to become due to the contractor hereunder without the previous written consent of the County. E. RIGHT TO INSPECT PLANT The County may, at its discretion, inspect the park of the plant or place of business of a contractor or any subcontractor which is related to the performance of any contract awarded, or to be awarded, by the County. The right expressed herein shall be included in all contracts or subcontracts that involve the performance of any work or service involving the County. VI. RIGHTS OF ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Nothing in this Policy shall be deemed to abrogate, annul, or limit the right of the St. Lucie County Board of County Commissioners, to act in the best interests of the County, to reject all bids received in response to a solicitation, to determine in its sole discretion the responsiveness and responsibility of any responder, to approve and authorize or to enter into any contract it deems necessary and desirable for the public welfare, or to vary the requirements of the Policy in any instance when desirable for the public good provided that such waiver doesn't violate Federal or State CDBG program requirements. VII. COUNTY PROCUREMENT RECORDS A. Contract File. All determinations and other written records pertaining to the solicitation, award, or performance of a contract shall be maintained for the County in a contract file. B. Retention of Procurement Records. All procurement records shall be retained and disposed of by the County in accordance with records retention guidelines and schedules established by the State of Florida or the federal government. VIII. SPECIFICATIONS A. MAXIMUM PRACTICABLE COMPETITION 1. All specifications shall be drafted to promote overall economy and encourage competition in satisfying the County needs and shall not unduly restrict competition. This policy applies to all specifications including, but not limited to, those prepared for the County by architects, engineers, designers, and draftsmen. Some of the situations considered to be restrictive of competition include but are not limited to: a. Placing unreasonable requirements on potential responders in order for them to qualify should they be a successful responder. b. Requiring unnecessary experience and excessive bonding. c. Noncompetitive pricing practices between firms or between affiliated companies. d. Noncompetitive awards to consultants that are on retainer contracts. e. Organizational conflicts of interest. f. Specifying only a "brand name" product instead of allowing "an equal" product to be offered. g. Any arbitrary action in the procurement process, the effect of which is to limit competition. 2. The inability to obtain more than one bid, price quote or proposal shall not prohibit the approval of a purchase if other prospective vendors or contractors have been given adequate notice of the procurement and an opportunity to participate, and have declined to submit bids, proposals or price quotes. The declination to submit need not be in writing. However, a cost analysis will need to be conducted for all noncompetitive procurements, including when only one bid or proposal is received, and award is made to that one firm. B. USE OF BRAND NAME OR EQUIVALENT SPECIFICATIONS 1. Use. Brand name or equivalent specifications may be used when the County determines that: a. No other design, performance, or qualified product list is available; b. Time does not permit the preparation of another form of purchase description, not including a brand name specification; c. The nature of the product or the nature of the County requirements makes use of a brand name of equivalent specification suitable for the procurement; or d, Use of a brand name or equivalent specification is in the County's best interest. 2. Designation of Several Brand Names_ Brand name or equivalent specifications shall seek to designate three, or as many different brands as are practicable, as "or equivalent" references and shall further state the substantially equivalent products to those designated may be considered for award. 3. Required Characteristics. The brand name or equivalent specifications shall include a description of the particular design, functional, or performance characteristics required. 4. Nonrestrictive Use of Brand Name or Equivalent Specifications. Where a brand name or equivalent specification is used in a solicitation, the solicitation shall contain explanatory language that the use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition. 5. Determination of Equivalents. Any prospective responder may apply, in writing, for a pre - deadline determination of equivalence by the Purchasing Officer. If sufficient information is provided by the prospective responder, the Purchasing Officer may determine, in writing and prior to the deadline, that the proposed product would be equivalent to the brand name used in the solicitation. 6. Specifications of Equivalents Required for Response Submittal. Vendors proposing equivalent products must include in their response submittal the manufacturer's specifications for those products. Brand names and model numbers are used for identification and reference purpose only. IX C. BRAND NAME SPECIFICATIONS 1. Use of Brand Name Specifications. Since use of a brand name specification is restrictive of product competition, it may be used only when the Purchasing Officer makes a determination that only the identified brand name item or items will satisfy the County's needs. 2. Competition. The Purchasing Officer shall seek to identify sources from which the designated brand name item or items can be obtained and shall solicit such sources to achieve whatever degree of price competition is practicable. If only one source can supply the requirement, the procurement shall be made under Section 4.06, Sole Source Purchases. ETHICS IN PUBLIC CONTRACTING A. CRIMINAL PENALTIES To the extent that violations of the ethical standards of conduct set forth in this section constitute violations of the State Criminal Code they shall be punishable as provided therein. Such penalties shall be in addition to civil sanctions set forth in this part. B. EMPLOYEE CONFLICT OF INTEREST 1. Partici ation. It shall be unethical for any County employee, officer or agent to participate directly or indirectly in a procurement or administration of a contract when such action would create a conflict of interest under local, state, or federal laws or regulations. A conflict of interest would arise when any of the following have a financial, familial, or other interest in the firm selected for award a. The County employee, officer or agent; b. Any member of his immediate family; c. His or her partner; or d. An organization which employs, or is about to employ, any of the above. e. The officers, employees or agents of the County will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub contracts. 2. Blind Trust. A County employee, officer or agent or any member of their family who holds a financial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that financial interest. C. CONTEMPORANEOUS EMPLOYMENT PROHIBITED It shall be unethical for any County employee who is participating directly or indirectly in the procurement process to become or to be, while such a County employee, the employee of any person contracting with the County. D. USE OF CONFIDENTIAL INFORMATION It shall be unethical for any employee knowingly to use confidential information for actual or anticipated personal gain, or for the actual or anticipated personal gain of any other person. GRATUITIES AND KICKBACKS 1. Gratuities. It shall be unethical for any person to offer, give, or agree to give any County employee, officer or agent or for any County employee, officer or agent to solicit, demand, accept, or agree to accept from another, a gratuity, favor, or gift valued above $25.00, or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a solicitation, influencing the content of any specification or procurement standard rendering of advice, investigation, auditing, or performing in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, subcontract, or to any solicitation. 2. Kickbacks. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. 3. Contract Clause. The prohibition against gratuities and kickbacks prescribed in this section shall be conspicuously set forth in every contract and solicitation therefore. E. SANCTIONS 1. Employee Sanctions. Upon violation of the ethical standards by an employee, officer, or agent, the County or other appropriate authority may: a. Impose one or more appropriate disciplinary actions as defined in the County Personnel rules and Regulations, up to and including termination of employment; and b. May request investigation and prosecution. 2. Non-employee Sanctions. St. Lucie County Board of County Commissioners impose any one or more of the following sanctions on a non-employee for violation of the ethical standards: a. Written warnings; b. Termination of contracts; or C. Debarment or suspension in accordance with applicable state and federal laws. F. RECOVERY OF VALUE TRANSFERRED OR RECEIVED IN BREACH OF ETHICAL STANDARDS 1. General Provisions. The value of anything being transferred or received in breach of the ethical standards of this policy by a County employee or non-employee may be recovered from both County employee and non-employee. 2. Recovery of Kickbacks by the County. Upon showing that a subcontractor made a kickback to a prime contractor or a higher tier subcontractor in connection with the award of a subcontract or order thereunder, it shall be conclusively presumed that the amount thereof was included in the price of the subcontract or order and ultimately borne by the County and will be recoverable hereunder from the recipient. In addition, that amount may also be recovered from the subcontractor making such kickback. Recovery from one offending party shall not preclude recovery from other offending parties. X. FEDERAL POLICY NOTICE A. PATENTS If a contract involving research and development, experimental, or demonstration work is being funded in whole or in part by assistance from a federal agency, than the contract shall include the following provisions. 1. Notice to Contractor. The contract shall give notice to the contractor of the applicable grantor agency requirements and regulations concerning reporting of, and rights to, any discovery or invention arising out of the contract. 2. Notice by Contractor. The contract shall require the contractor to include a similar provision in all subcontracts involving research and development, experimental, or demonstration work. B. NOTICE OF FEDERAL PUBLIC POLICY REQUIREMENTS 1. Applicability. If the contract is being funded in whole or in part by assistance from any federal agency, the contract is subject to one or more federal public policy requirements such as: a) Equal employment opportunity; b) Affirmative action; c) Fair labor standards; d) Energy conservation; e) Environmental protection; or f) Other similar socio-economic programs 2. Notice. The Purchasing Officer shall include in the contract all appropriate provisions giving the contractor notice of these requirements. Where applicable, the Purchasing Officer shall include in the contract provisions the requirement that the contractor give similar notice to all of its subcontractors. XI. PAYMENT TO VENDORS All payment to vendors shall also be made in accordance with the amended "Prompt Payment Act", Chapter 218.70-218.80 Florida Statutes. XII. AFFIRMATIVE ACTION PROGRAM Purpose and Scope. The purpose of the Affirmative Action Program is to enhance the participation of qualified minority and women -owned businesses in providing goods and services and construction contracts funded by Community Development Block Grants (CDBG). This program describes procedures to accomplish this purpose and to monitor and evaluate progress. All Departments and Divisions under the jurisdiction of the St. Lucie County Board of County Commissioners are responsible for implementing this program when a contract is funded by CDBG. 2. Policy Statement. a. It is the policy goal of the County that all of the St. Lucie County Board of County Commissioners approved procurement subject to this procurement policy shall be: i. Made available to all qualified applicants for equal consideration regardless of race, color, religion, sex, national origin, disability, age, or genetics; and ii. Solicited through a race neutral, competitive solicitation process that encourages the participation of minority and women businesses or persons. b. All departments and divisions under the jurisdiction of the St. Lucie County Board of County Commissioners are responsible for implementing this program and for making every reasonable effort to utilize MBEs when a contract is funded by CDBG. The Purchasing Officer will take the lead role in this process by taking active steps to encourage minority or women owned -businesses. c. Regarding the implementation of this policy, it is the St. Lucie County Board of County Commissioners' intent to foster economic development in the County by establishing its MBE goals based on availability of minority and women -owned businesses located within the County. This is no way intended to limit or restrict competition. Rather, availability of area companies will be used to guide MBE goals. Such geographical preference may be adjusted, amended or repealed by the St. Lucie County Board of County Commissioners, with or without a public hearing, as deemed necessary provided such decision does not violate state or federal CDBG program requirements. 3. Definition. Minority Business Enterprise (MBE) as used herein, means a business that is owned and controlled at least 51 % by one or more minority persons (MBE) or by one or more women (WBE) and whose management and daily operations are controlled by one or more such persons. 4. Administrative Responsibilities, The Purchasing Officer is responsible for the coordination of the Affirmative Action Program and registration when a contract is funded by CDBG. a. Capital Improvement Projects i. Review. The Purchasing Officer and an appropriate department representative shall review each proposed project or bid to determine potential for utilization of MBEIWBEs availability of capable MBE/WBE in the area in relation to the scope of the bid package and considers how a project might be broken down into sub -bids. ii. Pre -Bid Activity 1. Language regarding the Minority Business Enterprise Program will be inserted into solicitations to assure that prospective responders are aware of a requirement to make good faith efforts to utilize MBENWBEs. 2. Registered MBENWBEs will be notified in writing regarding pre - solicitation conferences where information on project scope and specifications will be presented, along with other types of technical assistance. a. Available plans and specifications will be made available to MBEIWBE associations along with any special instructions on how to pursue solicitations. b. Majority (prime) contractors on a solicitation list at the pre - response meeting will reminded of the Affirmative Action Program procedures, the supportive documentation required for submittal with their response, and a list of MBEMIBE contractors on the solicitation list. c. No contractor will be awarded a bid until the contractor has provided specific detailed documentation on how MBE/WBEs will be utilized, and such a plan is approved by the Purchasing Officer. d. The MBENWBE participation plan for a specific project and the contractor commitment to carry out the program will become a part of the contract awarded by the County. Failure to keep these commitments will be deemed noncompliance with the contract and may result in a breach of contract. b. _Contractor Responsibilities i. Contractors must indicate all MBEIWBEs contracted for quotes regarding a particular scope of work and submit a completed "Intent to Perform" sheet containing information and documentation obtained from each MBEIWBEs. ii. A contractor's MBEA1VBE plan will utilize MBEIWBEs to perform commercially useful functions in the contract. A MBE/WBE is performing a commercially useful function when it is responsible for the management and performance of a distinct element of the contract. iii. Contractors are required to make good faith efforts to obtain MBEIWBE participation when so stipulated by solicitations and/or contracts. If these efforts are unsuccessful, the contractor will submit a non-availability or refusal to participate and will request waiver of MBEIWBE participation. iv. The contractor who is the successful responder will attend pre -construction conferences with appropriate County representatives to review the project scope and the MBEIWBE utilization plan. c. WBE/MBE Contractor's Responsibilities i. MBEsNVBEs must register with the Purchasing Officer in order to participate in the Affirmative Action Program. ii. MBEsIWBEs should attend pre -construction conferences to obtain information and technical assistance on projects and solicitation procedures in which they (MBENVBEs) have submitted responses. d. Joint Venture Responsibilities i. The use by MBENVBEs or prime contractors of "minority fronts" or other fraudulent practices which subvert the true meaning and spirit of the Minority Business Enterprise Program, will not be tolerated and may result in termination of participation. ii. A joint venture consisting of minority and non -minority business enterprises will be credited with MBE/WBE participation on the basis of the percentages of the dollar amount of the work to be performed by the MBE/WBEs. iii. Contracts subject to this policy shall contain provisions stating that liquidated damages may be assessed against the general contractor and/or the MBEIWBE firm for violations of this policy and MBENVBE specifications in the contract(s). Such liquidated damage provisions shall be in a form approved by the St. Lucie County Board of County Commissioners. e. Fulfilling MBE/WBE Participation Requirements For the purpose of this policy, a general contractor may utilize the services of a MBEIWBE subcontractor, manufacturer, and/or supplier in estimating and satisfying the scope of work, provided that written contract/agreement is executed between the general contractor and the subcontractor, manufacturer, and/or the supplier. Payment i. Payment will be rendered by the County within thirty (30) days upon completion and acceptance of the project. Special consideration may be given to hardship cases upon notification by MBENVBEs. ii. The County will provide work progress payments to all contractors at the completion and subsequent acceptance of milestones contained within the contract. g. Waiver of Solicitation Bond Requirements The St. Lucie County Board of County Commissioners may, at its discretion, waive any of the requirements of this Section when it is determined to be in the best interest of the County "provided that such waiver does not violate state or federal requirements." h. Solicitation List A solicitation list for the purpose of solicitations shall be maintained by the County. The list shall consist of firms that apply to be on the list and are otherwise qualified to undertake various types of work. i. The County may suspend firms from the bid list for any of the following reasons: 1. Consistent failure to respond to bid invitations (three (3) consecutive instances) within the last eighteen month period; or 2. Failure to update the information on file including address, product or service description or business description. The County may remove firms from the bid list for the following reasons: 1. Failure to perform according to contract provisions; 2. Conviction in a court of law of any criminal offense in connection with the conduct of business; 3. Clear and convincing evidence of a violation of any federal or state anti-trust law based on the submission of responses or awarding of contracts; 4. Clear and convincing evidence that the vendor has attempted to give a St. Lucie County Board of County Commissioners, employee, officer or agent a gratuity of any kind for the purpose of influencing a recommendation or decision in connection with any part of the purchasing activity; 5. Violation or circumvention of the Minority Business Enterprise Program; or 6. Other reasons deemed appropriate by the St. Lucie County Board of County Commissioners. iii. This policy is consistent with and subordinate to the County Purchasing Policy. Wherever conflicts may exist, the provision in the Purchasing Policy will prevail. i. Severability Clause Each separate provision of this program is deemed independent of all other provisions herein so that if any provision or provisions be declared invalid, all other provisions hereof shall remain valid and full force and effect. XIII. AFFIRMATIVE ACTION/EQUAL OPPORTUNITY POLICY A. Policy Statement: St. Lucie County is committed to eliminating discrimination based upon race, color, religion, sex or gender, sexual orientation, gender identity or expression, National origin, disability, age, genetics, marital or familial status, amnesty, citizenship, status as a covered veteran or any other status protected by law regarding employment or contracting opportunities offered through the County for projects funded wholly or in part by the CDBG Program. B. Administrative Responsibilities: The Human Resources Director shall serve as the Equal Opportunity Officer.