A.

employment contracts;

B.

acquisition of architectural, engineering, landscape architectural, construction management at risk, registered surveying and mapping, or other services pursuant to Policy 6330 - Acquisition of Professional Architectural, Engineering, Landscape Architectural, or Land Surveying Services;

C.

acquisition of auditing services pursuant to F.S. 218.391;

D.

acquisition of professional consultant services, including but not limited to services of lawyers, accountants, financial consultants and other business or operational consultants, which shall be governed by Policy 6540 - Consultant Agreements;

E.

contracts which are exempted, in whole or in part, from this policy’s requirements, as set forth below;

F.

proposals and agreements for public-private partnerships with private entities for qualifying projects pursuant to F.S. 287.05712.

A.

"Competitive solicitation" means purchasing made through the issuance of an invitation to bid, request for proposals and invitation to negotiate. Competitive solicitations are not required for purchases made through the pool purchase provisions of F.S. 1006.27.

B.

"Invitation to bid" means a written or electronically posted solicitation for competitive sealed bids. The invitation to bid is used when the Board is capable of specifically defining the scope of work for which a contractual service is required or when the Board is capable of establishing precise specifications defining the actual commodity or group of commodities required. A written solicitation includes a solicitation that is publicly posted.

C.

"Invitation to negotiate" means a written or electronically posted solicitation for competitive sealed replies to select one (1) or more vendors with which to commence negotiations for the procurement of commodities or contractual services. The invitation to negotiate is used when the Board determines that negotiations may be necessary for it to receive the best value. A written solicitation includes a solicitation that is publicly posted.

D.

"Proposer" means those vendors submitting bids or responses to a competitive solicitation.

E.

"Request for proposals" means a written or electronically posted solicitation for competitive sealed proposals. The request for proposals is used when it is not practicable for the Board to specifically define the scope of work for which the commodity, group of commodities, or contractual service is required and when the Board is requesting that a responsible vendor propose a commodity, group of commodities, or contractual service to meet the specifications of the solicitation document. A written solicitation includes a solicitation that is publicly posted.

F.

"Superintendent" means the "Superintendent or designee". For the purposes of this policy, "superintendent" is intended to signify only the superintendent and not a designee.

G.

"Request for Quotations" means an informal process to solicit price quotes on commodities or contractual services with standard specifications and valued under the threshold requiring formal competitive solicitations. Quotations may be obtained verbally or via facsimile or e-mail.

A.

Designated Personnel: Such standards and specifications shall be developed by the appropriate divisional or departmental staff, with the assistance of the Purchasing Department.

B.

Competitive Solicitations: Competitive solicitations and resulting purchases shall be in accordance with such standards and specifications.

C.

Deviation: Upon award, the standards and specifications in the competitive solicitation will be adopted for the period affected, and any deviation therefrom can be authorized only by the Board.

D.

Review: Standards and specifications shall be periodically reviewed by appropriate divisional or departmental staff, along with Purchasing Department staff and revised as needed.

A.

Competitive Solicitations

The Superintendent is authorized to issue competitive solicitations.

B.

Bid Publication

Notice of the invitation for bids or requests for proposals shall be issued electronically, direct delivery, or other means which are appropriate under the circumstances. The required bid return date is to be announced at the time of the bid offering and shall not be less than five (5) working days from the bid offering date.

C.

Bid Opening

Bids will be opened in the office designated in the bid advertisement with the Superintendent’s designee and at least one (1) other District employee present.

D.

Bid Rejection

For contracts up to $250,000, the superintendent may reject any or all bids and request new bids.

The Board may reject any or all bids and request new bids.

E.

Bid Award

In acceptance of responses to invitations to bid, the Board or superintendent (as outlined above) may accept the proposal of the lowest responsive, responsible proposer. The Board or superintendent (as outlined above) may also choose to award contracts to the lowest responsive, responsible bidder as the primary awardee of a contract and to the next lowest responsive, responsible bidder(s) as alternate awardees, from whom commodities or contractual services would be purchased, should the primary awardee become unable to provide all of the commodities or contractual services required by the Board during the term of the contract. Nothing herein is meant to prevent multiple awards to the lowest responsive and responsible bidders, when such multiple awards are clearly stated in the bid solicitation documents.

In acceptance of responses to requests for proposals, the Board may award contracts to one or more responsive, responsible proposers in accordance with the selection criteria published in the request for proposal. The Board is not required to request proposals for purchases made from contracts of the Department of Management Services.

For a bidder to be considered responsive, the proposal must respond to all bid specifications in all material respects and contain no irregularities or deviations from the bid specifications which would affect the amount of the bid or otherwise provide a competitive advantage.

For a bidder to be deemed responsible, the Board may request evidence from the bidder concerning:

1.

the experience (type of product or service being purchased, etc.) of the bidder;

2.

the financial condition;

3.

the conduct and performance on previous contracts (with the District or other agencies);

4.

the bidder's facilities;

5.

management skills;

6.

the ability to execute the contract properly.

A.

In lieu of requesting competitive solicitations from three (3) or more sources, the Board may make purchases at or below the specified prices in contracts awarded by other Federal, State, city or county governmental agencies, other school boards, community colleges, federal agencies, the public or governmental agencies of any state or State university system cooperative bid agreements when the proposer awarded a contract by another entity will permit purchases by the Board at the same terms, conditions, and unit prices (or below such prices) awarded in such contract, and such purchases are to the economic advantage of the Board.

B.

The Superintendent is authorized to purchase commodities and contractual services under the Department of Management Services State term contracts or agreements.

C.

Competitive solicitations are not required for pool purchases made as provided in F.S. 1006.27.

D.

The State Board has waived the requirement for requesting competitive solicitations from three (3) or more sources for purchases by the Board of:

1.

Professional services which shall include, without limitation, artistic services; academic program reviews; lectures by individuals; auditing services not subject to F.S. 218.391; legal services, including attorney, paralegal, expert witness, court reporting, appraisal or mediator services; and health services involving examination, diagnosis, treatment, prevention, medical consultation or administration; provided nothing herein shall be deemed to authorize the superintendent to acquire professional consultant services without Board approval as required by Board Policy 6540;

2.

Educational services and any type of copyrighted materials including, without limitation, educational tests, textbooks, printed instructional materials, computer software, films, filmstrips, videotapes, DVDs, disc or tape recordings, digital recordings, or similar audio-visual materials, and for library and reference books, and printed library cards where such materials are purchased directly from the producer or publisher, the owner of the copyright, an exclusive agent within the state, a governmental agency or a recognized educational institution;

3.

Commodities and contractual services when:

a.

competitive solicitations have been requested in the manner prescribed by this policy; and

b.

the Board has made a finding that no valid or acceptable firm proposal has been received within the prescribed time.

When such a finding has been officially made, the Board may enter into negotiations with suppliers of such commodities and contractual services and may execute contracts with such vendors under whatever terms and conditions as the Board determines to be in its best interests.

4.

Commodities and contractual services when fewer than two (2) responsive proposals are received. The Board may then negotiate on the best terms and conditions or decide to reject all proposals. The Board will document the reasons that negotiating terms and conditions with the sole proposer is in the best interest of the District in lieu of re-soliciting proposals.

E.

Information technology resources as defined in F.S. 282.0041(15), whether by purchase, lease, lease with option to purchase, rental, or otherwise may be acquired by competitive solicitation or by direct negotiation and contract with a vendor or supplier, as best fits the needs of the District as determined by the Board.

F.

Except as otherwise required by statute, purchases of insurance, entering risk management programs, or contracting with third party administrators for insurance-related services may be through competitive solicitation or by direct negotiation and contract with a vendor or supplier.

G.

The Board may dispense with requirements for competitive solicitation for the emergency purchase of commodities or contractual services when the Superintendent determines in writing that an immediate danger to the public health, safety, or welfare or other substantial loss to the District requires emergency action. After the Superintendent makes such a written determination, the Board may proceed with the procurement of commodities or contractual services necessitated by the immediate danger, without requesting competitive solicitations. However, such an emergency purchase shall be made by obtaining pricing information from at least two (2) prospective vendors, which must be retained in the contract file, unless the Superintendent determines in writing that the time required to obtain pricing information will increase the immediate danger to the public health, safety, or welfare or other substantial loss to the District.

H.

Commodities or contractual services available only from a single source may be exempted from the competitive solicitation requirements. When the Board believes that commodities or contractual services are available only from a single source, the Board will electronically or otherwise publicly post a description of the commodities or contractual services sought for a period of at least seven (7) business days. The description will include a request that prospective vendors provide information about their ability to supply the commodities or contractual services described. If it is determined in writing by the Board, after reviewing any information received from prospective vendors, that the commodities or contractual services are available only from a single source, the Board shall provide notice of its intended decision to enter a single source contract in the manner specified below, and may negotiate on the best terms and conditions with the single source vendor.

I.

The Board may make purchases of construction project materials directly from vendors, on behalf of the awarded construction contractor/manager, to take advantage of the District’s "sales tax" exempt status.

J.

A contract for commodities or contractual services may be awarded without competitive solicitations if State or Federal law, a grant or a State or Federal agency contract prescribes with whom the Board must contract or if the rate of payment is established during the appropriations process.

K.

A contract for regulated utilities or government franchised services may be awarded without competitive solicitations.

A.

keep and maintain public records required by the Board in order to perform the service under the contract;

B.

provide the Board with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Policy 8310 - Public Records;

C.

ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the Board;

D.

upon termination of the contract, transfer to the Board, at no cost, all public records in its possession or keep and maintain the public records required as would be required by the Board;

If the contractor transfers all public records to Board upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Board, upon request from the Board’s custodian of public records, in a format that is compatible with the Board's information technology systems.

E.

the contractor shall furnish a copy of any public records request or request for records in any way relating to the District, immediately upon receipt to the District's Records Management Liaison Officer (see policy 8310 – Public Records).

Any contractor with questions regarding the contractor’s duty to provide public records relating to this contract under Chapter 119, Florida Statutes may contact the Custodian of Public Records, 863-534-0522, publicrecords@polk-fl.net, PO Box 391, Bartow FL 33831.

F.

If the contractor does not comply with a public records request, the Board shall enforce the contract provisions which may include, but not be limited to, immediate termination of contract. Further, any contractor who does not comply with a public records request by the Board within a reasonable time frame may be subject to penalties under State law.

A.

Superintendent

The superintendent is authorized to approve and execute contracts on behalf of the Board involving the expenditure of public funds in an amount no greater than $250,000, so long as the obligation created does not exceed the applicable appropriation within the budget and the contract is otherwise in compliance with applicable District procedures, policies, and law. For purposes of this policy, any group of contracts and/or purchase orders to the same provider which are connected in terms of time, location and services such that a reasonable person would view them as a single contract shall be deemed to be a single contract. The superintendent shall not divide the procurement of commodities or contractual services so as to avoid the monetary cap imposed by this policy. Designations of contracting authority by the superintendent shall be in writing and shall specify the maximum obligation permitted up to $250,000.

B.

Emergency Purchases

Notwithstanding the general limit on the superintendent’s authority to enter into contracts involving expenditure of public funds in an amount no greater than $250,000, the superintendent is authorized to approve and execute contracts on behalf of the Board involving expenditure of public funds in an amount greater than $250,000 when the Superintendent determines in writing that an immediate danger to the public health, safety, or welfare or other substantial loss to the School District requires emergency action.

C.

Board Approval

Except as expressly provided herein, the Board shall approve and execute all contracts on behalf of the District involving the expenditure of public funds in an amount greater than $250,000.

D.

Contractor Liability

Any contractor that fails to enter into a contract with the Board on the basis of the submitted bid by said contractor shall be liable to the Board for the difference between such bid price and the price the Board pays to secure the commodity or contractual service from another source.

A.

Cause of Debarment

The term "debar" or "debarment" means to remove a vendor from bidding on District work. Causes for debarment include, but are not limited to the following:

1.

conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or sub-contract, or in performance of such contract

2.

conviction under State or Federal statutes for embezzlement, theft, forgery, bribery, falsification or destruction of records, or receiving stolen property, or any other offense indicating lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a vendor

3.

conviction under State or Federal anti-trust statutes arising out of submission of bids or proposals

4.

violation of contract provisions, including:

a.

deliberate failure, without good cause, to perform in accordance with specifications or within the time limits provided in the contract(s); and

b.

a recent record of failure to perform, or of unsatisfactory performance, in accordance with the terms of one (1) or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment

5.

refutation of an offer by failure to provide bonds, insurance or other required certificates within the time period as specified in bid/RFP response

6.

refusal to accept a purchase order, agreement, or contract, or to perform thereon, provided such order was issued timely and in conformance with the offer received

7.

presence of principals or corporate officers in the business of concern who were principals within another business at the time when the other business was suspended within the last three (3) years under the provisions of this section

8.

violation of the ethical standards set forth in State law

9.

providing or offering to provide anything of value, including, but not limited to, a gift, loan, reward, promise of future employment, favor, or service to any employee to influence the award of contract or purchase items from a contractor

10.

existence of unresolved disputes between the contractor and the District arising out of or relating to prior contracts between the District and the contractor, work performed by the contractor, or services or products delivered

11.

any other cause the Director of Purchasing determines to be so serious and compelling as to affect credibility as a District vendor, including debarment by another governmental entity for any cause listed in this policy

12.

failing to enter into a contract with the School Board on the basis of the submitted bid and/or failure to pay, upon demand, the difference between such bid price and the price the School pays to secure the merchandise from another source.

B.

Notice of Recommended Decision

The Director of Purchasing or designee shall issue a notice letter that advises the party that it is debarred or suspended. The letter shall:

1.

state the reason(s) for the action taken; and

2.

inform the vendor of its right to petition the Board for reconsideration.

C.

Right to Request a Hearing

Any person who is dissatisfied or aggrieved with the notification of the determination to debar or suspend must, within ten (10) calendar days of such notification, appeal such determination to the Board.

D.

Hearing Date

The Board shall schedule a hearing at which time the person shall be given the opportunity to demonstrate why the debarment/suspension by the Director of Purchasing should be overturned. All parties shall be given notice of the hearing date.

A.

Notice of Decision or Intended Decision

The notice of decision or intended decision shall be posted electronically. In addition, such notice shall be physically posted at the Board Administrative Offices.

The notice shall contain the following statement: "Failure to follow the requirements of the bid protest procedures established by The School Board of Polk County shall constitute a waiver of all protest rights. Failure to file a protest within the time prescribed in F.S. 120.57(3), or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under F.S. Chapter 120."

A protestant shall file a protest as enumerated below and in accordance with the procedures prescribed by State law. The notice must be filed with the head of the department issuing the notice of decision or notice of intended decision.

B.

Notice of Intent to File a Formal Protest

Any person who may be adversely affected by a notice of decision or intended decision shall file a written notice of intent to file a formal protest. The notice of intent to file a formal protest must be received by the head of the department issuing the notice of decision or notice of intended decision not later than seventy-two (72) hours after the posting of the notice of intended decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, proposals or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the written notice of intent to file a formal protest must be received by the head of the department issuing the notice of decision or notice of intended decision not later than seventy-two (72) hours after the posting of the solicitation. Saturdays, Sundays and Board holidays shall be excluded in the computation of the seventy-two (72) hour time periods provided by this paragraph. The seventy-two (72) hour period is not extended by service of the notice of intent to file a formal protest by mail.

The notice of intent to file a formal protest shall:

1.

identify the procurement by solicitation number and title or any other language that will clearly enable the District to identify it;

2.

state the basis of the protest and;

3.

clearly indicate that its purpose is to serve as notice of intent to file a formal protest.

Failure to either so clearly indicate its intent or to file the notice of intent to file a formal protest on a timely basis shall constitute a waiver of any remedy provided under the bid protest procedures.

A notice of intent to file a formal protest or a formal written protest is filed when it is received in its entirety by the head of the department issuing the notice of decision or notice of intended decision.

It is the sole responsibility of the protestant filing the protest to be certain that the protest is properly and completely filed. The decision as to the time that the protest is filed in its entirety in the department issuing the notice of decision or notice of intended decision is solely that of the Board.

Failure to file a notice of intent to file a formal protest or failure to file a formal written protest within the time prescribed in state law shall constitute a waiver of proceedings under F.S. Chapter 120.

C.

Formal Written Protest

A formal written protest shall be filed within ten (10) calendar days after the date of receipt of the initial notice of intent to file a protest. If the tenth day in which to file a formal written protest falls on a Saturday, Sunday or Board holiday, the formal written protest must be filed the next day. The ten (10) day period for filing the formal written protest is not extended by service of the protest by mail. The formal written protest shall state with particularity the facts and law upon which the protest is based. The formal written protest shall contain the following information:

1.

bid identification number and title

2.

the name and address of the protesting party and the title or position of the person submitting the bid protest

3.

a statement of the facts alleged and the rules, regulations, and law entitling the protesting party to relief

4.

a statement indicating the relief sought by the protesting party

5.

such other information as the protesting party deems to be material to the issues.

Failure to file a formal written protest within the time prescribed in state law shall constitute a waiver of proceedings under F.S. Chapter 120.

D.

Protest Bond

Any person who files an action protesting a decision or intended decision shall post, at the time of filing the formal written protest, a bond payable to The School Board of Polk County in an amount equal to one percent (1%) of the estimated contract amount. The estimated contract amount shall be based on the total contract price submitted by the protestor or as otherwise defined in state law, in any case not less than $500.00. The bond shall be deposited with the head of the department issuing the notice of decision or notice of intended decision. The bond shall be conditioned upon the payment of all costs which may be adjudged against the protester in the administrative hearing and in any subsequent appellate court proceeding. If, after completion of the administrative hearing process and any appellate court proceedings, the Board prevails, it shall recover all costs and charges, which shall be included in the final order or judgment, including charges made by the Division of Administrative Hearings, excluding attorney's fees. If the protester prevails, s/he shall recover from the Board all costs and charges which shall be included in the final order of judgment, excluding attorney's fees. The bid protest bond may be secured by a certified check drawn on an approved financial institution or a surety licensed to conduct business in the State of Florida by the Florida Department of Insurance.

E.

Protests Relating To Educational Facilities or Public Buildings

Pursuant to State law, the protestor shall, at the time of filing the formal written protest, be required to post a bond payable to The School Board of Polk County in an amount equal to $25,000 or two percent (2%) of the lowest acceptable bid, whichever is greater, for projects valued over $500,000; and five percent (5%) of the lowest accepted bid for all other projects, conditioned upon payment of all costs and fees which may be adjudged against the protestor in the administrative hearing. If at the hearing the agency prevails, it shall recover all costs and attorney’s fees from the protestor; if the protestor prevails, the protestor shall recover from the agency all costs and attorney’s fees.

F.

Stay of Proceedings

Upon receipt of a formal written protest that has been timely filed, the solicitation or contract award process shall stop until the protest is resolved; unless the Superintendent sets forth in writing particular facts and circumstances which require the continuance of the solicitation or contract award process without delay in order to avoid an immediate and serious danger to the health, safety, or welfare of the public or students. When the Superintendent so notifies the Board, then the Superintendent is authorized to continue the bid solicitation process or the contract award process and to release purchase orders for purchases regardless of the protest. When the solicitation or contract award process is stopped due to the filing of a formal written protest, the Board authorizes the extension of any existing contract for the goods or services contained in bid or request for proposals being protested under whatever terms and conditions are determined by the Superintendent to be in the best interest of the Board until such time as the new solicitation or award under protest can be approved by the Board.

G.

Protest Resolution

A Bid Dispute Committee shall meet with the protesting party within seven (7) days, excluding Saturdays, Sundays, and Board holidays, after receipt of the formal written protest. The Bid Dispute Committee shall consist of the head of the department issuing the notice of decision or notice of intended decision (or their designee), the Board attorney, and the Superintendent. All affected parties shall be notified of the filing of the formal written protest. The purpose of the meeting is to provide an opportunity to 1) review the basis of the bid protest; 2) to evaluate the facts and merits of the protest; and, if possible, 3) to reach a resolution of the bid protest that is acceptable to the parties. If the subject of a protest is not resolved by mutual agreement within seven (7) days, excluding Saturdays, Sundays, and Board holidays, after the receipt of the formal written protest, and if there is no disputed issue of material fact, an informal proceeding shall be conducted pursuant to Chapter 120, and applicable Board rules before a person whose qualifications have been prescribed by rules of the Board.

If the subject of a protest is not resolved by mutual agreement within seven (7) days, excluding Saturdays, Sundays, and Board holidays, after the receipt of the formal written protest, and if there is a disputed issue of material fact, the Board shall refer the protest to the Division of Administrative Hearings for proceedings under F.S. Chapter 120, upon the written request of the protestant. This written request by the protestant shall be filed at the same place at which the formal written protest was filed within three (3) days, excluding Saturdays, Sundays, and legal holidays, after the attempt to resolve the protest by mutual agreement. All procedures as delineated in state law shall be followed. Upon receipt by the Board of a recommended order as the result of proceedings by the Division of Administrative Hearings due to the filing of a formal written protest, then the Board has the final decision whether to accept or reject the protest. A final order shall be entered by the Board within thirty (30) days of the entry of a recommended order. The provisions of this rule may be waived upon stipulation by all parties.