BOARD OF COUNTY COMMISSIONERS HILLSBOROUGH COUNTY TAMPA, FLORIDA 33601 BOARD POLICY – SECTION NUMBER: TBD SUBJECT: PROCUREMENT POLICY EFFECTIVE DATE: OCTOBER 1, 2017 SUPERSEDES: OCTOBER 15, 2014 CHAPTER 1 GENERAL PROVISIONS §1-101 General Policy, Purposes, and Application. (1) General Policy. The Board of County Commissioners of Hillsborough County, Florida, recognizing its constitutional and statutory obligations to faithfully represent the residents and guests of Hillsborough County, being desirous of adopting public procurement policies and procedures that are consistent with the laws of the State of Florida for the efficient, effective, and transparent procurement of goods, services, and construction, does hereby adopt this Policy. This Policy shall apply to all agencies governed by the Board of County Commissioners and shall not be changed without the approval of the Board of County Commissioners. (2) Purposes. This Policy shall be construed and applied to promote its underlying purposes, which are: (a) To centralize the duties and authority relating to the procurement of all goods, services, and construction required by the County. (b) To simplify, clarify, and modernize the rules governing procurement by the County. (c) To permit the continued development and improvement of procurement policies and procedures. (d) To make the procurement procedures as consistent as possible. (e) To provide for increased public confidence in the procedures followed in public procurement. (f) To ensure the fair, impartial, and equitable treatment of all persons who deal with the procurement system of this County. Hillsborough County Board of County Commissioners—Procurement Policy—October 1, 2017 Page 1 of 61 (g) To provide increased economy in County procurement activities and to maximize to the fullest extent practicable the purchasing value of public funds of the County. (h) To foster effective broad-based competition within the free enterprise system and maintain an open and competitive environment. (i) To provide safeguards for the maintenance of a procurement system of quality and integrity. (j) To obtain in a cost-effective and responsive manner the goods, services, and construction required by County agencies in order for those agencies to better serve this County’s residents and businesses. §1-102 Supplementary General Principles of Law Applicable. Unless displaced by the particular provisions of this Policy, the principles of law and equity, including the Uniform Commercial Code of this State, the law merchant, and law relative to capacity to contract, agency, fraud, misrepresentation, duress, coercion, mistake, or bankruptcy shall supplement the provisions of this Policy. §1-103 Requirement of Good Faith. This Policy requires all parties involved in the negotiation, performance, or administration of County contracts to act in good faith. §1-104 Application of this Policy. (1) General Application. This Policy applies only to contracts solicited or entered into after the effective date of this Policy unless the parties agree to its application to a contract solicited or entered into prior to the effective date. (2) Application to County Procurement. Except as provided in §1-601 (Exclusions from this Policy), this Policy shall apply to the procurement of all goods, services, and construction required by the Board of County Commissioners and all agencies governed by the same. Nothing in this Policy or in regulations promulgated hereunder shall prevent the County from complying with the terms and conditions of any grant, gift, bequest, or cooperative agreement. (3) Overriding Authority of County Administrator. Notwithstanding the authority specifically granted to the County Administrator in this Policy, the County Administrator shall also have the specific authority granted to the Director of Procurement throughout this Policy. §1-105 Severability. If any one or more of the provisions of this Policy should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such provision shall be null and void and shall be deemed severable from the remaining provisions of this Policy and in no way shall affect the validity of all other provisions of this Policy. §1-109 Effective Date. This Policy shall become effective at 12:01 A.M. on October 1, 2017. Hillsborough County Board of County Commissioners—Procurement Policy—October 1, 2017 Page 2 of 61 §1-201 Determinations. Written determinations required by this Policy shall be retained in the appropriate contract file. §1-401 Public Access to Procurement Information. Procurement information shall be public record to the extent provided by Florida Law and shall be available to the public as provided therein. §1-501 Authorization for the Use of Electronic Transmissions. The use of electronic media and/or electronic commerce, including acceptance of electronic signatures, is authorized provided that (1) such use is consistent with applicable law, (2) appropriate security is in place to prevent unauthorized access to the solicitation, approval, and award processes; and (3) the electronic form of information can be accurately retrieved, inspected, copied, and/or transmitted. §1-502 Donation of Goods and/or Services. Except as prohibited or prescribed by law, all donations (full or partial) of goods and/or services, regardless of the source and dollar amount, shall require approval and acceptance by the Board of County Commissioners prior to taking possession and/or delivery of such donated goods and/or services. §1-503 Unauthorized Procurements. Unless otherwise authorized in this Policy, it shall be a violation of Board Policy and a breach of ethical standards for any officer or employee of the County to knowingly order or procure any supplies, services, and/or construction on behalf of the County in a manner that is contrary to this Policy. The County shall not be bound by any order or procurement that is made contrary to this Policy. Costs associated with unauthorized procurements may be borne by the responsible officer(s) and/or employee(s), and the civil and administrative remedies provided in §12-301 may also be imposed on the same. §1-504 Subdividing Procurements or Contracts. No contract or purchase shall be subdivided to avoid the requirements of this Policy. Contracts or purchases that are subdivided to avoid or circumvent this Policy shall be considered Unauthorized Procurements and shall be a violation of Board Policy. §1-505 Contract Approval and Signature. All formal contracts that require signature by an officer of the County for the procurement of goods, services, and/or construction shall be submitted to the Board of County Commissioners for approval and signature, unless otherwise authorized in this Policy or specifically delegated by the Board of County Commissioners. (1) County Administrator Authority to Enter Consulting Contracts. The County Administrator shall have the authority to enter into and execute consulting contracts in the amount of $250,000.00 or less, provided such contracts are substantially similar in form and content to the Standard Consulting Services Contract (attached hereto as “Attachment 1”). Hillsborough County Board of County Commissioners—Procurement Policy—October 1, 2017 Page 3 of 61 (2) County Attorney Authority to Enter Consulting Contracts. The County Attorney shall have the authority to enter into and execute consulting contracts of $100,000.00 or less provided the services are within the scope of the County Attorney’s duties defined in Article VI, Section 6.02, of the Charter of Hillsborough County, and contingent on the availability of approved funds. The County Attorney may utilize the County’s Standard Consulting Services Contract or may utilize an alternative contract/agreement. If the County Attorney utilizes an alternative contract/agreement, then said contract/agreement shall be presented to the Board of County Commissioners for approval if the terms and conditions of said contract/agreement have not been previously approved by the Board of County Commissioners and delegated to the County Attorney via ordinance, resolution, or other Board action. (3) County Internal Auditor Authority to Enter Consulting Contracts. The County Internal Auditor shall have the authority to enter into and execute consulting contracts of $100,000.00 or less provided (1) the services are within the scope of the County Internal Auditor’s duties defined in Article IV, Section 4.10, of the Charter of Hillsborough County, (2) contingent on the availability of approved funds, (3) and such contracts are substantially similar in form and content to the Standard Consulting Services Contract (attached hereto as “Attachment 1”). §1-506 Standard Consulting Services Contract. The Director of Procurement, upon consultation and approval by the County Attorney, shall develop and maintain a Standard Consulting Services Contract for use by all departments and agencies under the Board of County Commissioners. The Standard Consulting Services Contract (attached hereto as “Attachment 1”) shall be approved by the Board of County Commissioners and any modification of the same shall be approved by the Board of County Commissioners. §1-601 Exclusions from this Policy. (1) Grants and gifts. This Policy shall not apply to procurements made with grants, gifts, bequests, or donations to the extent the application of this Policy would conflict