Procurement Code

PROCUREMENT CODE
Amended March 10, 2004

TABLE OF CONTENTS

PUR 01	APPLICABILITY

PUR 02	DEFINITIONS

PUR 03	PURCHASING DIVISIONS, AUTHORITY, OPERATIONAL POLICIES

PUR 04	VENDOR REGISTRATION

PUR 05	SMALL PURCHASES $1,000.00 OR LESS

PUR 06	PURCHASES ESTIMATED TO COST BETWEEN $1,001.00 AND $30,000.00

PUR 07	PURCHASES ESTIMATED TO EXCEED $30,000.00

PUR 08	APPLICATION TO PROCUREMENT

PUR 09	AWARDS OF CONTRACTS AND/OR PURCHASES

PUR 10	AWARDS TO OTHER THAN THE LOWEST RESPONSIBLE BIDDER

PUR 11	TIE BIDS

PUR 12	UNAUTHORIZED PURCHASES

PUR 13	SOLE SOURCE OR PROPRIETARY PURCHASES

PUR 14	ENCUMBRANCE OF FUNDS

PUR 15	WAIVING THE FORMAL BID REQUIREMENTS

PUR 16	DIRECTOR OF PURCHASING

PUR 17	CONFLICTS OF INTEREST, CODE OF ETHICS, PERSONAL STANDARDS

PUR 18	SECURITY PROCEDURES

PUR 19	PIGGY BACK CONTRACT

PUR 01 - APPLICABILITY This code applies to the procurement of commodities, supplies, contractual services, and equipment by the Clerk of Court and shall apply to the expenditure of public funds irrespective of its source. When applicable, procurement shall also be conducted in accordance with State and Federal laws.

PUR 02 - DEFINITIONS When used in this code, the following words and phrases shall have the meanings described below: Best interest of the Clerk of Court means a judgment decision of what will result in the best value for the Clerk's Office. Best value means the highest overall value to the Clerk's Office based on objective factors that include, but are not limited to, price, quality, design, and workmanship. Commodity means any of the various supplies, materials, goods, merchandise, equipment, information technology, or other personal property purchased, leased, or otherwise contracted for by the Clerk's Office. Competitive sealed bids, competitive sealed proposals, or competitive sealed replies means the process of receiving two or more sealed bids, proposals, or replies submitted by responsive vendors. Competitive solicitation means an invitation to bid, a request for proposals, or invitation to negotiate. Contract means all types of binding agreements, regardless of what they may be called, for the procurement of supplies, services, and equipment. Contractual service means the rendering by a contractor of its time and effort rather than the furnishing of specific commodities. The term applies only to those services rendered by individuals and firms who are independent contractors, and such services may include, but are not limited to evaluations; consultations; maintenance; accounting; security; management systems; management consulting; educational training programs; research and development studies or reports on the findings of consultants engaged thereunder; and professional and technical services. Employee means an individual drawing a salary or wages from the Clerk of Court. Invitation to bid means a written solicitation for competitive sealed bids. The invitation to bid is used when the Clerk's Office is capable of specifically defining the scope of work for which a contractual service is required or when the Clerk's Office is capable of establishing precise specifications defining the actual commodity or group of commodities required. Invitation to negotiate means a written solicitation for competitive sealed replies to select one or more vendors with which to commence negotiations for the procurement of commodities or contractual services. The invitation to negotiate is used when the Clerk's Office determines that negotiations may be necessary for the Clerk's Office to receive the best value. Mandatory bid Amount means the dollar amount at which the formal invitation to bid or negotiate, or request for proposals process is required unless exemption is provided in this code. The mandatory bid amount is $30,000.00. Purchasing facilities coordinator means the individual in charge of the Purchasing Division. Request for proposals means a written solicitation for competitive sealed proposals. The request for proposals is used when it is not practicable for the Clerk's Office to specifically define the scope of work for which the commodity, group of commodities, or contractual service is required and when the Clerk's Office is requesting that a responsible vendor propose a commodity, group of commodities, or contractual service to meet the specifications of the solicitation document. Responsible vendor means a person or company that has the ability in all respects to fully perform all of the requirements of a contract with reliability to assure good faith performance. Responsive bid, responsive proposal, or responsive reply means a bid, proposal, or reply submitted by a responsive and responsible vendor that conforms in all material respects to the solicitation. Responsive vendor means a vendor that has submitted a bid, proposal, or reply that conforms in all material respects to the solicitation. Sole Source means the only known vendor or the only reasonable vendor capable of providing a product or service to the Clerk of Court. Supplies mean and include all supplies, materials, and equipment.

PUR 03 - PURCHASING DIVISION, AUTHORITY, OPERATIONAL POLICIES The Purchasing Division has been established in order to centralize the Clerk of Court purchasing functions and to carry out the provisions of this code. Authority: Authority granted by the Clerk of Court, to abide by the rules and regulations set forth herein in accordance with applicable State and Federal laws. To purchase or supervise the purchasing of all commodities, supplies, contractual services, and equipment. To supervise employees in the Purchasing & Docutech Divisions with regard to purchasing and inventory control. To inform the Clerk of Court regarding vendors, proposers, and bidders, in accordance with the spending of taxpayer dollars. Operational Policies: Operational policies relating to the execution of this code shall be documented in the Clerk of Court purchasing policy manual.

PUR 04 – VENDOR REGISTRATION Fill in the form below and fax, mail or E-mail. Once we have received your registration we will begin to send you information for bids/quotations for the areas of interest you have specified as they become available. Any inquiries or comments may be sent to following Internet address: kjoiner@clerk-17th-flcourts.org or fax (954) 831-5658. Please complete the following basic information about you or your firm for the vendor registration process. All information must be completed. *VENDORS: MAKE CERTAIN THAT YOU REGISTER WITH THE CORRECT COMPANY NAME, AND ADDRESS. INCORRECT INFORMATION WILL CAUSE PAYMENT/PROCESSING DELAYS.*

Name of Firm:	___________________________________

Building Address:	___________________________________

City:	___________________________________

State:	___________________________________

Zip:	___________________________________

Contact Name:	___________________________________

Phone:	___________________________________

Fax Number:	___________________________________

Type of Business:	___________________________________

Is this firm Jobber [ ] Wholesaler [ ] Retailer [ ]

No. of Employees: (1 - 10)[ ] (11 - 50)[ ] (51 - 100)[ ] over 100 [ ] Women/Minority [ ]

PUR 05 - SMALL PURCHASES $1,000.00 or LESS When it is in the best interest of the Clerk of Court and providing that requirements are not artificially divided so as to constitute a small purchase, purchases of commodities, supplies, contractual services, and equipment may be made without competitive bids or proposals when the cost does not exceed one thousand dollars ($1,000.00).

PUR 06 – PURCHASES ESTIMATED TO COST BETWEEN $1,001.00 AND $30,000.00 When the estimated cost of commodities, supplies, contractual services and equipment is between one thousand and one dollars ($1,001.00) and thirty thousand dollars ($30,000.00), three (3) competitive bids, proposals, or replies shall be sought by fax, mail or by telephone. The bid of the lowest responsible vendor shall be accepted.

PUR 07 – INVITATION FOR BIDS/REQUESTS FOR PROPOSALS / INVITATIONS TO NEGOTIATE - PROCEDURE OR PURCHASES ESTIMATED TO EXCEED $30,000.00 All commodities, supplies, contractual services, and equipment, when the estimated cost shall exceed thirty thousand dollars ($30,000.00) shall be purchased by written and sealed bids, proposals or replies, as applicable, and as determined by the Clerk's Office. After due notice inviting bids, proposals, or replies, a contract shall be awarded to the lowest and best responsible and responsive vendor. However, the Clerk of Court has the discretion to waive formal competitive solicitation procedures in cases where he/she deems it advisable and in the best interest of the Clerk's Office to do so under conditions stated in PUR 14. The formal procurement method employed by the Clerk's Office shall be determined in the best interest of the Clerk of Court, subject to the guidelines describing the methods of procurement established in PUR 02 above. When determining whether to utilize the Invitation to Negotiate method of procurement, one or more of the following criteria may be considered: The scope of work cannot be accurately and completely defined by the Clerk. This often occurs for acquisitions of rapidly changing technology, outsourcing, or complex services. The commodities or contractual services can be provided in several different ways, any of which could be acceptable. This often occurs for acquisition of emerging technologies or complex services. Contractor qualifications and the quality of the commodities or contractual services to be delivered can be considered more important that the contract price. The responses may contain innovative solutions that differ from what the Clerk's Office may have requested permitting alternatives to be considered. The responses may contain a different level of commodities and contractual services than that requested, requiring negotiation to reduce price or services to match available contract funds or increase price to meet a higher level of quality. Award may be made to the vendor with best combination of proposal and price qualifications. Notice inviting bids, proposals or replies shall be subject to the following: List of vendors. Sealed bids, proposals, or replies shall also be solicited from responsible prospective vendors. Invitations sent to vendors on the list maintained by the Clerk's Office shall be limited to supplies or services that are ordinarily handled by the vendor to which the invitations are sent. Internet posting. A notice posted on the Clerk of Courts website shall also advertise all pending purchases exceeding $30,000.00. Performance bonds. When deemed appropriate by the Clerk of the Court, a performance bond, with a surety company authorized to do business in the State, shall be included as a requirement in the solicitation. Procedure for opening bids, proposals or replies. The following procedure shall be used: Sealed bids, proposals, or replies shall be submitted to the Purchasing Division within the designated time period and shall be clearly identified as such on the envelope. Opening of bids, proposals, or replies shall be done in front of a chosen committee, if a committee has been convened for such purpose. Compiled list of bids, proposals, or replies. A compiled list of all bids, proposals, or replies received shall be available for public inspection. Awarding the contract. The conditions of PUR 09 shall apply. Rejection of bids, proposals or replies. All bids, proposals, replies received shall be reported to the Clerk of Court. The Clerk shall have the discretion to reject all or parts of bids, proposals, or replies when the best interest of the Clerk's Office and the public interest will be served. Any bid, proposal, or reply that does not meet specifications will be reported to the Clerk. Correction or withdrawal of bids, proposals or replies and cancellation of awards. Correction before opening, withdrawal of erroneous bids, proposals, or replies before or after opening, or cancellation of awards based on mistakes may be permitted. Written notice of mistakes that are discovered prior to opening must be received in the Clerk’s Office prior to the time set for opening. After opening,corrections shall be permitted only to the extent that the corrections do not substantially affect the terms, conditions and specifications and may be subject to approval by the Clerk’s Legal Counsel. Late bids, proposals, or replies. Bids, proposals, or replies received and clocked in after the date and hour specified in the proposal form will not be opened but will be reported to the Clerk of Court. Only the Clerk can authorize the opening of a late bid, proposal or reply after considering all the circumstances involved. Commodities, contractual services, supplies, and equipment to be provided over a period of time may be subject to a formal contract signed by the Clerk of Courts and the successful bidder, proposer or responder.

PUR 08 – VENDOR REGISTRATION The Purchasing Division maintains a Vendor Registration mailing list for most commodities and services purchased by the Clerk’s Office. If you wish to be included in a “Vendor List’ for commodities and services you may contact: Howard C. Forman Clerk of the Courts Purchasing Division 201 South East 6th Street – Room 265 Fort Lauderdale, Florida 33301 954-831-6399

PUR 09 - AWARD OF CONTRACTS Awarding of contracts and/or purchases shall be made to the lowest responsible bidder, if the invitation to bid method of procurement is used, meeting the criteria of the Clerks Office. In addition to the price, the Clerk of Court and Purchasing Facilities Coordinator shall determine the lowest responsible bidder by considering, but not limited to, the following: The ability of the bidder to successfully perform under the terms of the solicitation requirements. For example, can the commodities, supplies or services be provided accurately and on time. The reputation, experience, and efficiency of the bidder. For example, the quality of performance in previous contracts with the Clerk’s Office and their other customers. The ability of the bidder to provide maintenance and services for the supplies or services that are the subject of the contract. The number and scope of conditions attached to the bid. When only one bid is received, negotiation is permitted in order to obtain fair and reasonable price. Additionally, if the low bid is considered to be high, negotiating to obtain lower pricing is permitted. All formal multiple party contracts covered by this code shall be approved by the Clerk of Court Legal Counsel.

PUR 10 – AWARD TO OTHER THAN THE LOWEST RESPONSIBLE BIDDER When an award is not made to the lowest responsible bidder, a statement of the reason shall be prepared and made a part of the record when bids are obtained through the formal bid process.

PUR 11 – TIE BIDS If the same price, quality, and service are received from more than one bidder, the purchase or contract shall be awarded to a local responsible bidder. Local bidder is defined as a bidder whose business is located within Broward County. If there is a tie bid among local bidders, then the Clerk of Court shall determine which bid is selected.

PUR 12 – UNAUTHORIZED PURCHASES It shall be unlawful for any Clerk of Court employee to order the purchase of or enter into any contracts for any commodities, supplies, contractual services, or equipment, within the scope of this code and in accordance with other Clerk of Court policies, other than through the Purchasing Division. The Clerk of Court shall not be bound by any purchases or contracts made contrary to the provisions of this code.

PUR 13 – SOLE SOURCE OR PROPRIETARY PURCHASES The Clerk of Court may authorize purchases from a vendor for specific commodities, supplies, services, contractual services, or equipment that cannot be provided by any other vendor. A statement of the reason shall be prepared and made a part of the record when a sole source or proprietary purchase is made. All sole source or proprietary purchases will be processed using all other Clerk of Court policies appropriate to the type of purchase being made.

PUR 14 – WAIVING THE FORMAL SOLICITATION REQUIREMENTS When the estimated cost of commodities, supplies, contractual services, or equipment is thirty thousand dollars ($30,000.00) or over, the Clerk of Court may award a contract and waive the formal solicitation procedures, under the following circumstances: When time is of the essence, or a sole source vendor is the only option; bids, proposals or replies may be obtained by fax, mail or telephone. The notice of invitation for competitive solicitation shall be posted on the Clerk of Court website and the reply must be submitted by mail or fax by a date specified. Records of all bids, proposals or replies submitted shall be kept and reported to the Clerk of Court and shall be available for public inspection. All provisions of the Formal Solicitation Procedure, PUR 07, related to the list of vendors, performance bonds, and opening of bids, proposals, or replies shall be applicable. The Clerk of Court shall waive formal solicitation procedures and award the contract to the lowest or best responsible bidder, if applicable. The conditions of PUR 09 shall apply. The Clerk of Court may purchase from another governmental agency, e.g., Broward County, when that agency followed a bid process that included sealed written bids or proposals, public opening, and legal advertising. Bids, proposals, or replies received and clocked in after the date and hour specified in the proposal form will not be opened but will be reported to the Clerk of Court. Only the Clerk can authorize the opening of a late bid, proposal or reply after considering all the circumstances involved. In the event of an emergency, e.g., hurricane, flood, fire, the Clerk of Court may suspend normal purchasing procedures and authorize the purchase of any needed emergency supplies. If the cost exceeds the mandatory bid amount, a written report of the circumstances and each purchase shall be provided to the Clerk as soon as practical after the emergency situation.

PUR 15 – ENCUMBRANCE OF FUNDS No employee of the Clerk of Court shall issue a purchase order or enter into a contract for supplies, services, or equipment until it has been determined by the Purchasing Facilities Coordinator or his/her designee that sufficient appropriation balances are available, in excess of all unpaid obligations.

PUR 16 – DIRECTOR OF PURCHASING Specific responsibilities include, but are not limited to, the following: Establish an inventory control system, which will safeguard the Clerk's assets, provide a source of standards, office-operating supplies, with a “stockless inventory” and provide off-site storage and delivery of copy paper and printed forms. Maintain an audit trail of all procurement and disbursements, and process requisitions in a timely manner. Maintain purchasing records, but not limited to, the following: a. One part Purchase Order b. Copy of each requisition received by Purchasing Division. Maintain accurate inventory records of stock items stored on and off site. This includes, for example, the following items: copy paper, computer paper, stationery, envelopes, and specific pin feed court ordered forms. Records will include a description, stock identifier numbers), stock on hand, receipts, unit price. Maintain any other documents pertaining to the acquisition of goods or service for the Clerk of Court. Prepare a physical inventory twice a year according to established procedures. Obtain three price quotes prior to processing any Purchase Requisitions for items exceeding $1,000.00 up to $30,000.00 according to established procedures.

PUR 17 - CONFLICTS OF INTEREST, CODE OF ETHICS, PROFESSIONAL STANDARDS, RESPONSIBILITY AS PUBLIC EMPLOYEES CONFLICTS OF INTREST Employees engaged in the Purchasing process are expected to be free of interests that are potentially unfavorable or detrimental to the best interests of the Clerk. Employees shall not engage nor participate in any commercial transaction involving any company in which they have a significant undisclosed financial interest. Any employee engaged in Purchasing, who has assumed or is about to assume, a financial or outside business relationship that might involve a conflict of interest must immediately inform the next level of management. The information will be reviewed by management to determine if a conflict of interest is present and what course of action is to be taken. A conflict of interest exists when an employee: Has a direct or indirect relationship with an outsider that is inherently unethical or that might be implied or construed to be, or allow personal gain to accrue to the employee due to the employee's ability to influence dealings, or place the employee or the organization in an equivocal, embarrassing, or ethically questionable position, or reflect adversity on the integrity of the organization. Takes personal advantage of an opportunity that properly belongs the Clerk of Court office. Has an outside interest that materially encroaches on time or attention that should be devoted to the affairs of the Office of the Clerk of Court. CODE OF ETHICS The Broward County Clerk of Court employees seek to provide responsive, effective and efficient governmental services to the citizens of Broward County by exercising prudent fiscal management and safeguarding Clerks records. To further these goals, all Clerk of Court employees are enjoined to adhere to ethical standards of conduct as set forth in the fulfillment of their official responsibilities. PERSONAL STANDARDS Clerk of Court employees shall devote their time, skills, and energies toward goals and objectives of the Clerk's Office both independently and in cooperation with other employees. They shall strive to provide the highest quality of performance. They shall abide by professional practices and recommended standards as applicable. They shall be accountable for their actions and responsibilities as employees in the public sector. RESPONSIBILITY AS PUBLIC EMPLOYEES They shall uphold the letter and the spirit of the Constitution, legislation and regulations governing their actions.

PUR 18 - SECURITY PROCEDURES The goal and mission of the Purchasing Division is to safeguard the assets of the Clerk of Court. To establish an internal control on the stock items secured in Room 265, the following procedures have been implemented: It is the responsibility of the employees of the Purchasing Division not to allow any unauthorized personnel nor the general public, access to the Clerk's supply room. It is the responsibility of the Docutech Operator to secure the Clerk's Docutech Center at the end of each business day. The Clerk of Court, or in his stead, the Chief Administrator and the Purchasing Facilities Coordinator are the only ones authorized to make an exception to the above procedures.

PUR 19 - PIGGY BACK CONTRACTS The Clerk’s office has the right to utilize bids or contracted prices that are provided to State and Government Agencies unless specific provisions have been negotiated. These agencies include, but are not limited to, Broward County, the Broward County School Board and the State of Florida.